British Columbia Order in Council — Order under Environment and Land Use Protected Area Orders: Bearhole Lake Buse Lake Chukachida Craig Headwaters Duck Lake Entiako Foster Arm Holliday Creek Arch Lower Raush Pitman River Tweedsmuir Corridor Upper Raush West Twin (O.C. 57/2001)

O.C. 57/2001

British Columbia — Orders in Council

A PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. — 57 , Approved and Ordered JAN 111114:1 1 ..........”.. Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, makes the attached orders. Minister of Environment, Lands and Parks P esid ember of the Executive Council (This

Part is for administrative purposes only and is not Part of the Order) HELP Track # 00-74 Authority under which Order is made: Act and Section: Enviroment an4J-zid_Use Act, RSBC 1996.

Chapter 117,5eclio 7 (

I) and

(2) Other (specify): 17 vOod/ 3

BEARHOLE LAKE PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. Upgraded Road 6. Pipeline Development

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister: "protected area" means the protected area established under

section 2. Protected Area 2. Bearhole Lake Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. Upgraded Road 5.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for upgrading the existing road through the protected area to Petroleum and Natural Gas tenure 12129, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a road through the protected area for the purpose of providing access to Petroleum and Natural Gas tenure 12129.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act. Pipeline Development 6.

(1) Subject to the completion of an environmental assessment process acceptable to the minister to assess the impacts of, and to determine mitigation requirements for, building a pipeline through the protected area to service Petroleum and Natural Gas tenure 12129, the minister must approve on terms and conditions acceptable to the minister ,for the construction, use and maintenance of a pipeline through the protected area to service Petroleum and Natural Gas tenure 12129.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in► part by the person or persons requesting permission to construct the pipeline referred to in that subsection or by the person or persons who will use and maintain the pipeline.

(3) The terms and conditions referred to in subsection (1) must include, but are not limited to, a requirement that the person or persons who construct, use or maintain the pipeline must be authorized to do so by park use permit, which permit may be issued despite sections 8 and 9 of the Park Act.

(4) A certificate may be issued under the Pipeline Act granting a company leave to construct one pipeline through the protected area.

(5) A company to whom a park use permit has been issued in accordance with subsection (3) and to whom a certificate has been issued in accordance with subsection (4) may construct a pipeline through the protected area, but only in compliance with the terms and conditions of the minister referred to in subsection (1), the park use permit referred to in subsection (3) and the certificate referred to in subsection (4).

(6) Despite

section 3, sections 9(1), (2) and (7), 13 and 24 of the Park Act do not apply to the lawful utilization of a valid and subsisting park use permit referred to in subsection (3) and certificate issued under the Pipeline Act referred to in subsection (4).

(7) Without limiting

section 3, the minister may order a person who is or was the holder of a valid and subsisting park use permit referred to in subsection (3) and certificate issued under the Pipeline Act referred to in subsection (4), or any other person for whom that person is responsible at law, to restore, to a condition satisfactory to the minister, any damage to the surface of land in the protected area caused by the construction, use or maintenance of a pipeline through the protected area.

(8) If a person to whom an order is issued under subsection (7) fails to carry out the requirements of that order, the minister may carry out the requirements of the order and the cost incurred by the govemnent in doing so is a debt owing to the government by the person to whom the order was issued, recoverable at the suit of the government in any court of competent jurisdiction.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1841; except the Crown land that is subject to Petroleum and Natural Gas tenure 12129. The whole protected area containing approximately 4 755 hectares.

BUSE LAKE PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. Rock Collecting

Schedule

Definitions I . In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2; Protected Area 2. Buse Lake Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1), (2) and (5) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. Rock Collecting 5. Despite

section 3, the minister may allow, subject to such terms and conditions and at such times as the minister may specify, rock collecting for personal and non-commercial uses within the protected area.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 32 Ttile 1858; except (1) a 15 metre right-of-way southerly of the centreline of Barnhartvale Road, Ministry of Transportation and Highways road number 0685 and (2) the Crown land subject to the mineral rights under the Mineral Tenure Act for the following mineral claims: "Buse 1" to "Buse 4"- Record No.'s 221363, 221364, 216849 and 216850 respectively: and mineral lease Record No. 307987.

The whole protected area containing approximately 228 hectares.

CHUKACHIDA PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Chukachida Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads 5.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a road through the protected area for the purpose of providing access to support mineral exploration and development.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1868. The whole protected area containing approximately 19 637 hectares.

CRAIG HEADWATERS PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads

Schedule

Definitions 1. In this order: "m►nister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in v riting by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Craig Headwaters Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the nark Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads 5.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a road through the protected area for the purpose of providing access to support mineral development.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1868; except the Crown land subject to the mineral rights under the Mineral Tenure Act for the "Stanley 7", "Zeehan 5" to "Zeehan 7" and "Reg#9" claims, Record No.'s 222226, 222342 to 222344 and 302602 respectively. The whole protected area containing approximately 7 101 hectares.

DUCK LAKE PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. Community Watershed

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Duck Lake Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. Community Watershed 5. (

I) If a park use permit issued under

section 30(3) of the Park Act authorizes a person to continue to do in the protected area what that person was authorized to do under a licence or permit issued under the Water Act, the minister may, as a condition precedent to considering a request to amend the park use pennit under

section 30(4) of the Park Act, require the person who holds the park use permit to complete, at that person's expense and to the minister's satisfaction, a process to assess the impacts of the requested amendment. 1

(2) The completion of the process under subsection (1) does not fetter the minister's discretion under

section 30(4) of the Park Act.

(3) If the minister agrees to amend a park use permit referred to in subsection (1) and the amendment will result in flooding of part of the protected area, the minister may issue on terms and conditions acceptable to the minister a park use permit or permits to a person or persons to conducting timber harvesting on the part of the protected area which will be flooded, which permit or permits may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in New Westminster District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 39 Tube 1768. The whole protected area containing approximately 768 hectares.

ENTIAKO PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Entiako Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1), (2) and (5) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1863. The whole protected area containing approximately 73 268 hectares.

FOSTER ARM PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Foster Arm Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a road through the protected area for the purpose of providing access to forest lands and other resources beyond the protected area.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cariboo District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 37 Tube 1839. The whole protected area containing approximately 1 020 hectares.

HOLLIDAY CREEK ARCH PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Holliday Creek Arch Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads (

I) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a road through the protected area for the purpose of providing access to forest lands and other resources beyond the protected area.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cariboo District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 10 Tube 1843. The whole protected area containing approximately 395 hectares.

LOWER RAUSH PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads 6. New Powerline

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Lower Raush Protected Area, consisting of the told described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads 5.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on tem►s and conditions acceptable to the minister the construction, use and maintenance of a road through 'he protected area for the purpose of providing access to forest lands and other resources beyond the protected area.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act. New Powerline 6.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirem,.ins for building a powerline through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a powerline through the protected area.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the powerline referred to in that subsection or by the person or persons who will use and maintain the powerline.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the powerline must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cariboo District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 38 Tube 1839. The whole protected area containing approximately 1 279 hectares.

PITMAN RIVER PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park A,:1, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Pitman River Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads 5.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction. use and maintenance of a road through the protected area for the purpose of providing access to support mineral exploration and development.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1868. The whole protected area containing approximately 16 316 hectares.

TWEEDSMUIR CORRIDOR PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area Tweedsmuir Corridor Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a road through the protected area for the purpose of providing access to mineral lands beyond the protected area.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1866. The whole protected area containing approximately 15 hectares.

UPPER RAUSH PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Roads

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. Upper Raush Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Roads

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a road through the protected area for the purpose of providing access to forest lands and other resources beyond the protected area.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cariboo District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1843. The whole protected area containing approximately 5 582 hectares.

WEST TWIN PROTECTED AREA ORDER Contents 1.

Definitions 2. Protected Area 3. Application of the Park Act 4. Management and Administration of Protected Area 5. New Powerline 6. Existing Ministry of Forests Authorized Road 7. Reserves for Ministry of Transportation and Highways Quarries

Schedule

Definitions 1. In this order: "minister" means, unless the context requires otherwise, the minister responsible for the Park Act, and includes a person designated in writing by the minister; "protected area" means the protected area established under

section 2. Protected Area 2. West Twin Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Act 3. Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and 13 to 30 of the Park Act and the regulations under the Park Act apply to the protected area as though it is a "park" of Class A continued or established under

section 2 of the Protected Areas of British Columbia Act. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. New Powerline 5.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building a powerline through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction, use and maintenance of a powerline through the protected area.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to construct the powerline referred to in that subsection or by the person or persons who will use and maintain the powerline.

(3) The terms and conditior s referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the powerline must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act.

Existing Ministry of Forests Authorized Road 6.

(1) Subject to the completion of a process acceptable to the minister to assess the impacts of and to determine mitigation requirements for building or redeveloping that part of the road authorized by Ministry of Forests Road Permit RO 8161, located in the protected area as of the date of this order, the minister may approve on terms and conditions acceptable to the minister the redevelopment, use and maintenance of that part of Ministry of Forest Service Road, Road Permit RO 8161 located in the protected area as of the date of this order.

(2) The minister may require that the cost of the process referred to in subsection (1) be borne in whole or in part by the person or persons requesting permission to redevelop the road referred to in that subsection or by the person or persons who will use and maintain the road.

(3) The terms and conditions referred to in subsection (1) may include, but are not limited to, a requirement that the person or persons who construct, use or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and 30 of the Park Act. Existing Sand and Gravel Quarry 7.

(1) Despite sections 8,9, and 30 of the Park Act the minister may issue a park use permit for the existing Ministry of Transportation and Highways sand and gravel quarry reserves numbers 83766, 887025 and 887005 in files 7402836, 7405541, and 7405554 respectively, the two new sites of 5 hectares and 15 hectares in L 8024 agreed to by the Ministry of Transportation and Highways and the Parks Division and the roads accessing the reserves.

(2) Subject to (1), the minister may require an assessment of the impacts of and determine mitigation requirements for the operation of the quarries, located in the protected area as of the date of this order, and must approve on terms and conditions acceptable to the minister the development, use and maintenance of the quarries located in the protected area as of the date of this order.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cariboo District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 10 Tube 1847; except

(1) L 11967, SE1/4 I. 8022 and NEI/4 L 8025; (2) the Crown land subject to the mineral rights under the Mineral Tenure Act for the "Raven" and "Eagle" claims, Record No.'s 204314 and 204315 respectively; (3) the Yellowhead Highway 16 right of way shown on Plan 17, Tube 450, Plan 5 Tube 1000 and Plan 3 Tube 900 all on deposit in the Crown Lands Registry; (4) the Yellowhead Ilighway 16 rest stop authorized in file 7402835, in favour of the Ministry of Transportation and Highways;

(5) L 2073, Plan 4 RY 157, being the Canadian National Railway right-of-way; (6) a 30 metre right of way centred on Ministry of Forests road described as Goat River, FSR #942-8025.01; (7) and a 30 metre right of way centred on the non-status road know as Goat Station Road. The whole protected area containing approximately 9 070 hectares.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 57/2001
Type	order_in_council
Volume / chapter	arc oic 0057 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c23c6012a70bfe6d595336f766e22566ed355f19

Source file is stored in the law ingest library (pdf).