1992 Legislative Session: 1st Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 14th day of May,
Ian D. Izard, Law Clerk.
MINISTER OF AGRICULTURE,
FISHERIES AND FOOD
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act
"commission" means the Provincial Agricultural Land Commission continued under the Agricultural Land Commission Act;
"golf facility application" means an application or a proposal under the Agricultural Land Commission Act, made before the repeal on November 8, 1991 of section 2 (1) (m) of the Agricultural Land Commission Subdivision and Land Use Regulation, B.C. Reg. 7/81, to the commission to set the terms and conditions on which the land uses, related to golf, described in that section, would be permitted;
"moratorium regulation" means the Golf Course Development Moratorium Regulation, B.C. Reg. 308/91.
2 (1) Each of the following regulations, made under the Environment and Land Use Act, is valid and shall be conclusively deemed to have come into force on the date shown beside it as its effective date and to have been valid since that date:
(a) the moratorium regulation, effective November 18, 1991;
(b) B.C. Reg. 312/91, effective November 29, 1991;
(c) B.C. Reg. 330/91, effective December 20, 1991;
(d) B.C. Reg. 121/92, effective April 6, 1992;
(e) B.C. Reg. 122/92, effective April 6, 1992.
(2) Despite anything in the moratorium regulation or the repeal of section 2 (1) (m) of the Agricultural Land Commission Subdivision and Land Use Regulation, B.C. Reg. 7/81, in this section called the "repealed provision", in respect of golf facility applications,
(a) the commission has jurisdiction and shall be conclusively deemed to have had jurisdiction since that repeal to set the terms and conditions referred to in the repealed provision, and
(b) a municipality or regional district is authorized, and shall be conclusively deemed to have been authorized since that repeal, to act under Part 29 of the Municipal Act.
(3) This section is retroactive to the extent necessary to give it effect.
3 (1) No compensation is payable to any person for
(a) a reduction in value of any interest in land, or
(b) any loss or damages
that result, or resulted, from one or more of
(c) the repeal, effective November 8, 1991, of section 2 (1) (m) of the Agricultural Land Commission Subdivision and Land Use Regulation, B.C. Reg. 7/81,
(d) the enactment, effective November 18, 1991, of the moratorium regulation,
(e) the enactment of this Act, or
(f) the exercise or performance of any powers, duties or functions under this Act or the moratorium regulation.
(2) This section is retroactive to the extent necessary to give it effect.
4 (1) In this section
"approved golf land" means land, in the agricultural land reserve, that is the subject of any of the 42 golf facility applications that are listed by file number and name in the Appendix to B.C. Reg. 122/92, an amendment to the moratorium regulation;
"disposition" does not include a disposition
(a) to the spouse, parent or child of the person making the disposition,
(b) that is the granting of security for a loan,
(c) to a corporation in which the person making the disposition owns all of the shares, or
(d) that is of a prescribed type or is made in prescribed circumstances.
(2) In addition to any terms and conditions that have been set, or will be set, by the commission pursuant to a golf facility application, the use of approved golf land for any of the land uses, related to golf, described in section 2 (1) (m) of the Agricultural Land Commission Subdivision and Land Use Regulation, B.C. Reg. 7/81, immediately before the repeal of that section, is subject to the following conditions:
(a) the condition that the golf facilities described in the application must be substantially completed, in the opinion of the commission, no later than the later of
(i) 2 years after the date on which the commission has set or sets the terms and conditions pursuant to the golf facility application, or
(ii) April 6, 1994;
(b) the condition that there be no disposition of all or part of the approved golf land at any time during the period commencing on April 6, 1992 and ending at the end of the applicable period determined under paragraph (a), except a disposition to any person identified in the golf facility application as having a right or interest to develop the golf facility;
(c) the condition, in the case of approved golf land owned by a corporation, that there be no disposition of an interest in the corporation that results in a change in the control, within the meaning of the Company Act, of the corporation at any time during the period commencing on April 6, 1992 and ending at the end of the applicable period determined under paragraph (a).
(3) The Lieutenant Governor in Council may prescribe types and circumstances for the purpose of paragraph (d) of the definition of "disposition" in subsection (1).
(4) A regulation prescribed under subsection (3) may be retroactive to a date not earlier than April 6, 1992.
(5) This section is retroactive to April 6, 1992 to the extent necessary to give it effect on and after that date.
5 Every golf facility application in respect of which an exemption under section 5 of the moratorium regulation was not granted on or before April 6, 1992 is hereby cancelled.
6 Nothing in this Act or the moratorium regulation prevents a person from making an application in accordance with the Agricultural Land Commission Act.
7 Section 34 of the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is amended by striking out "or an order of the commission" in both places and substituting ", an order of the commission or a condition imposed by section 4 (2) of the Golf Course Development Moratorium Act".
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