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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CATHY McGREGOR

MINISTER OF ENVIRONMENT,

LANDS AND PARKS

BILL 29 – 1997

PARK AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Section 5 (4) and (5) of the Park Act, R.S.B.C. 1996, c. 344, is repealed and the following

substituted:

(4) The parks named and described in

Schedule E are continued or established as

Class A parks, and are dedicated to the preservation of their natural environments

for the inspiration, use and enjoyment of the public.

(5) The Lieutenant Governor in Council may, by order, extend the boundaries of any

park, or consolidate 2 or more of the parks, continued or established under

subsection (3) or (4).

(6) Except as permitted by subsection (5), the boundaries of a park continued or

established under subsection (3) or (4) must not be affected except by

an Act of

the Legislature.

Section 7 (2) is repealed and the following substituted:

(2) Subsection (1) does not apply to a park continued or established under

section 5 (3) or (4).

Section 30 is repealed and the following substituted:

Transitional – permits and licences for

Schedule D and E parks

(1) In this section:

"establishment date" means the date on which a new park was established

(

a) as a park by or under this Act, or

(

b) as a park or protected area under the Environment and Land Use Act ,

whichever is earlier;

"new park" means an area of Crown land established as

(

a) a park listed in

Schedule D, or

(

b) a park listed in

Schedule E;

"range tenure" means a grazing licence, grazing permit, hay cutting licence or hay

cutting permit issued under the Range Act .

(2) This

section applies despite any other provision of this Act.

(3) The Lieutenant Governor in Council may, by order, authorize the minister to issue

park use permits authorizing persons who, on the establishment date for a new

park, hold

(

a) a permit or other authorization under an enactment, or

(

b) a lien, charge or encumbrance

with respect to the new park to continue to do anything that the persons were

authorized to do by the permit or other authorization or by the lien, charge or

encumbrance, other than commercial logging, mining or hydro electric development.

(4) The minister may renew, cancel, amend or approve the transfer of a park use

permit issued under subsection (3).

(5) With respect to a new park,

(

a) a range tenure that

(

i) was issued under

section 5, 6, 8 or 9 of the Range Act with respect to

the new park, and

(ii) was in effect on the establishment date for the new park,

continues as the applicable form of range tenure, and must be administered

and managed in accordance with the Range Act and the Forest Practices

Code of British Columbia Act ,

(

b) new range tenures may be issued under the Range Act with respect to the

new park, subject to the limits established by subsection (6), and

(

c) range tenures under paragraph (

a) or (

b) may be transferred, renewed,

replaced, suspended, cancelled, amended, consolidated, partitioned and

subdivided in accordance with the Range Act and the Forest Practices Code

of British Columbia Act .

(6) The maximum number of animal unit months, as defined

in the Range Act , that may be authorized for a new park by range tenures

under subsection (5) is the number of animal unit months authorized for the

area of the new park on the establishment date for the new park.

(7) This

section applies retroactively in relation to a new park to the extent necessary

to give it effect on and after the establishment date for the park.

Section 32 is repealed.

Schedule A of the Act is amended in accordance with

Schedule A to this Act.

Schedule B of the Act is amended in accordance with

Schedule B to this Act.

Schedule C of the Act is amended in accordance with

Schedule C to this Act.

Schedule D of the Act is amended in accordance with

Schedule D to this Act.

Schedule E to this Act is added as

Schedule E of the Act.

Retroactive effect of legal descriptions

10 To the extent that a park description established

or as amended by a

Schedule to this Act excludes from the park an area of land

or an interest in land or resources that was included in the park under the

Park Amendment Act, 1995 , that area or interest is excluded from the

park, with this exclusion retroactive to the date on which the area or interest

was included under the Park Amendment Act, 1995 .

Link to

Schedule A

Link to

Schedule B

Link to

Schedule C

Link to

Schedule D

Link to

Schedule E

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

SECTION 1: [Park Act, amends

section 5]

by the proposed subsection (4), establishes or continues the parks described

in

Schedule E as Class A parks;

by the proposed subsections (5) and (6), clarifies the application of these

subsections to the parks included in the Schedules to the Act.

SECTION 2: [Park Act, amends

section 7] adds a reference to the proposed

section 5 (4) of

the Act.

SECTION 3: [Park Act, re-enacts

section 30] establishes special

rules for permits and range tenures in relation to parks proposed to be included

in the Park Act by this Bill and those included by the Park Amendment

Act, 1995 .

SECTION 4: [Park Act, repeals

section 32] repeals this provision, the effect of which is

moved to the proposed

section 30.

SECTION 5: [Park Act, amends

Schedule A] adds areas to 2 parks and deletes 3 parks that

are expanded by

Schedule E or incorporated into other parks by that Schedule.

SECTION 6: [Park Act, amends

Schedule B] adds a new area to the Desolation Sound

Marine Park.

SECTION 7: [Park Act, amends

Schedule C] clarifies the legal description of Garibaldi Park

by incorporating the results of a recent land survey.

SECTION 8: [Park Act, amends

Schedule D] makes corrections to descriptions of parks

established by the Park Amendment Act, 1995 and deletes 2 parks that are

expanded by

Schedule E or incorporated into other parks by that Schedule.

SECTION 9: [Park Act, adds

Schedule E] provides descriptions for the Class A parks established or continued by this Act.

SECTION 10: [Retroactive effect of legal descriptions] makes the corrections made by this

Act to the 1995 park descriptions retroactive to the date those descriptions were

enacted.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada