British Columbia Order in Council — Order under Environment and Land Use The Beaver Creek Protected Area Order is made (O.C. 720/2000)

O.C. 720/2000

British Columbia — Orders in Council

ironment, Lands and Parks PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council Aro 720 , Approved and Ordered 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. Presiding Mem r e Executive Council (This

part is for administrative purposes only and is not part nr^the Order) MELP Tracking # 00-3 I Authority under which Order is made: Act and Section: Environment and Land Use Act. RSBC 1996.

Chapter

Section 7 (I Land

(2) Other (specify): Order in Council 1254/85 Res ul D -5 /6 100 ( _ BEAVER CREEK PROTECTED AREA ORDER Contents 1.

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

Schedule

Definitions 1. In this order: "minister" means 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. Beaver Creek 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), (6) and (7), 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. Management and Administration of Protected Area 4. Subject to this order, the minister is authorized to and must manage and administer the protected area. Pipeline Development 5.

(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, the minister must approve, on terms and conditions acceptable to the minister, an amendment to Project Approval Certificate E99-03 for the construction, use and maintenance of a pipeline 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 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 and 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 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 government 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. Beaver Creek Protected Area

Schedule All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kootenay Land District and contained within the described boundaries as shown on a plan titled Beaver Creek Protected Area, ORC# 0169-01, File name beavcpa20M.hp2, prepared by Clover Point Cartographics Ltd., dated April 4, 2000, and filed on Ministry of Environment, Lands and Parks, Parks Division, File # 84200-20/LBMAP. The whole containing approximately 3.8 hectares (2 ha of upland and 1.8 ha of foreshore).

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 720/2000
Type	order_in_council
Volume / chapter	arc oic 0720 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fac02ab0f5743aec0e469e967e45c60af7015a4e

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