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Volume 59, No. 6

94/2016

The British Columbia Gazette,

Part II

April 19, 2016

B.C. Reg. 94/2016 , deposited April 15, 2016, under the WATER SUSTAINABILITY ACT [sections 124, 127 and 129]. Order in Council 233/2016, approved and ordered April 14, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Water Sustainability Regulation, B.C. Reg. 36/2016, is amended as set out in the attached Schedule.

— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; J. RUSTAD, Presiding Member of the Executive Council .

Schedule

Part 1 of the Water Sustainability Regulation, B.C. Reg. 36/2016, is amended by adding the following section:

Exception to

section 46 (1) of Act

2.1

Section 46 (1) [prohibition on introducing foreign matter into stream] of the Act does not apply to a range practice to which

section 46 of the Forest and Range Practices Act applies.

2 The following heading is added before

section 3:

Division 1 – Licensing, Diversion and Use of Water .

Section 48 (3) (

b) is repealed and the following substituted:

(

b) a point of diversion on a stream if the point of diversion is within the boundaries of a protected area, .

Section 49 (2) (

a) is amended by striking out “ , other aquatic vertebrates or aquatic macro invertebrates ”.

Section 55 (4) is amended by striking out “

section 15 ” and substituting “

section 15 (1) ”.

6 The following

section is added:

Transition – mineral exploration 2016

(1) In this section:

“mineral exploration activities” means activities, described in paragraph (

a) of the definition of “mining activity” in

section 1 of the Mines Act , performed in relation to minerals other than placer minerals;

“placer mining activities” means activities, described in the definition of “mining activity” in

section 1 of the Mines Act , performed in relation to placer minerals, which activity involves the processing of less than 2 000 m 3 of pay dirt per year.

(2) Subject to this section, a person who holds a permit under

section 10 of the Mines Act in relation to mineral exploration activities or placer mining activities is exempt until December 31, 2016 from the requirement under

section 6 (1) [use of water] of the Act to hold an authorization for the diversion and use of water for those activities.

(3) A person must not, under subsection (2), divert or use recorded water.

(4) A person must not, under subsection (2), divert or use unrecorded water from

(

a) a stream or aquifer in respect of which there is a water reservation under

section 40 [treaty first nation water reservations] or 41 [Nis g a’a water reservation] of the Act,

(

b) a sensitive stream,

(

c) a point of diversion on a stream if the point of diversion is within the boundaries of a protected area, as defined in

section 46,

(

d) a stream to which a regulation under

section 82 [plan regulations – dedicated agricultural water] of the Act applies,

(

e) a stream to which an order under

section 86 [declarations of significant water shortage] or 87 [critical environmental flow protection orders] of the Act applies or an aquifer affected by such an order, or

(

f) a stream or aquifer to which an order under

section 88 [fish population protection orders] of the Act applies.

(5) A person who, under this section, diverts or uses water from a stream must not construct, install or place any permanent or semi-permanent works in the stream channel.

(6) A person who, under this section, diverts or uses water from a stream must

(

a) remove from the stream channel any pump, equipment or material constructed, installed or placed by that person in diverting or using water from the stream,

(

b) ensure that the intake line or other device for diverting water is equipped with a screen, or otherwise modified, to

(

i) prevent potential loss of fish due to entrainment or impingement, and

(ii) minimize disturbance of, or removal of sand and gravel from, the stream channel, and

(

c) ensure that

(

i) any disturbance of a stream channel or of the stable natural materials and vegetation in and about the stream is minimized when gaining access to water from the stream,

(ii) any water that is diverted is discharged without causing a significant risk of harm to public safety, the environment, land or other property,

(iii) the water supply and works of persons who are lawfully diverting or using water under the Act are not adversely affected, and

(iv) the diversion or use of water, whether from a stream or aquifer, does not cause a risk of significant harm to fish, wildlife or the aquatic ecosystem of a stream.

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