British Columbia Order in Council — Order under Environment and Land Use Cummins River Protected Area Order is made (O.C. 1208/2000)

O.C. 1208/2000

British Columbia — Orders in Council

• 14 Aizt = of luster of' Environment, Lands and Parks Presiding Membe of the xecutive Council ■•••s, I • s PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. — 1208 , Approved and Ordered JUL 2 7 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, orders that the attached Order be made. (This Pail is for administrative purposes only and is not Part of the Order) MELP Track # Authority under which Order is made: Act and Section: Environment ansi Land Use Act RSBC

Chapter 117.

Section 7 (1) and (2) Other (specify): xvi/g/6o//3 CUMMINS 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 6. Mineral Titles

Schedule

Definitions 1. In this order: "mineral title" means (

a) mineral claim MGM #4, Claim Number 213218; (

b) mineral claim TSAR2, Claim Number 213844; (

c) any redesignation under the Mineral Tenure Act of the mineral claims described in paragraph (

a) or (b); or (

d) any mining lease issued over a mineral claim described in paragraph (a), (

b) or (c); "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. Cummins River Protected Area, consisting of the land described in the Schedule, is established as a protected area. Application of the Park Ad 3. (

I) Subject to this order, sections 1, 2, 3, 6, 8 (1) and (2), 9 (1) and (2) and to 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 5(3) of the Park Act.

(2) The Lieutenant Governor in Council authorizes the minister to issue park use permits over the protected area under

section of the Park Act. 2 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 and determine mitigation requirements for a road through the protected area, the minister must approve on terms and conditions acceptable to the minister the construction 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: (

a) the person or persons requesting permission to construct the road, (

b) the person or persons who will maintain the road, or (

c) any combination of the persons described in paragraphs (

a) and (b).

(3) The terms and conditions referred to in subsection (

I) may include, but are not limited to, a requirement that the person or persons who construct or maintain the road must be authorized to do so by park use permit, which permit may be issued despite sections 8, 9 and of the Park Act. Mineral Titles 6.

(1) A person holding a valid and subsisting mineral title may enter onto, occupy or use the land within the protected area which is the subject of the mineral title in accordance with the Mineral Tenure Act without obtaining a park use permit.

(2) Despite

section of this order and

section of the Mineral Tenure Act, sections 9(1) and (2), 13, 16(c), 17, 18, 19, 24, 26 and of the Park Act and the regulations under the Park Act do not apply to the lawful utilization of a valid and subsisting mineral title.

(3) Despite subsection (2), no new mineral claims may be staked in the protected area, and for greater certainty, if the mineral titles cease to exist for any reason, the mineral titles may not be restaked.

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kootenay Land District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan Tube 1788. The whole containing approximately hectares.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1208/2000
Type	order_in_council
Volume / chapter	arc oic 1208 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c66a44d9be133e19442b99a8798c4df930ec2322

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