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
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 5 (4) and (5) of the Park Act, R.S.B.C. 1996, c. 344, is repealed and the following substituted: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.
2 Section 7 (2) is repealed and the following substituted: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).
3 Section 30 is repealed and the following substituted:
30 (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.
4 Section 32 is repealed.
5 Schedule A of the Act is amended in accordance with Schedule A to this Act.
6 Schedule B of the Act is amended in accordance with Schedule B to this Act.
7 Schedule C of the Act is amended in accordance with Schedule C to this Act.
8 Schedule D of the Act is amended in accordance with Schedule D to this Act.
9 Schedule E to this Act is added as Schedule E of the Act.
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
[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]
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.
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