BILL 46 -- 2003: LAND AMENDMENT ACT, 2003

2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

HONOURABLE STAN HAGEN
MINISTER OF SUSTAINABLE
RESOURCE MANAGEMENT

BILL 46 -- 2003

LAND AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The Land Act, R.S.B.C. 1996, c. 245, is amended by adding the following Part:

Part 7.1 -- Land Designation and Establishment of Objectives

Definition

93.01 In this Part, "official" includes a minister of the government.

Effect of this Part on the government

93.02 Despite section 14 (2) of the Interpretation Act, this Part and the regulations and orders made under it affect and are binding on the government.

Designating Crown land for certain uses by order in council

93.1 The Lieutenant Governor in Council by order may designate areas of Crown land for one or more of the following purposes:

(a) conserving or managing natural resources;

(b) balancing multiple natural resource uses;

(d) resolving land use conflicts;

(e) use for specified economic development opportunities.

Consistency of Crown land designations with other enactments

93.2 A designation under section 93.1 of an area of Crown land must not be made for a purpose that conflicts or is inconsistent with a purpose for which, under another enactment, that area of Crown land is designated or otherwise reserved or set aside.

Establishing objectives for designated Crown land by order in council

93.3 (1) For all or part of an area of Crown land designated for one or more purposes under section 93.1, the Lieutenant Governor in Council by order

(a) may establish objectives that are consistent with the designations under section 93.1, and

(b) must specify, in relation to the objectives, one or more officials having discretion under this Act or other enactments

(i) to issue approvals, licences, permits, leases or other authorizations, or

(ii) to establish objectives for all or part of an area of Crown land.

(2) An official specified under subsection (1) (b) must not exercise a discretion under this Act or another enactment

(a) to approve, licence, permit, lease or otherwise authorize a person to carry out an activity, or

(b) to establish an objective for all or part of an area of Crown land

that conflicts or is inconsistent with an objective established under subsection (1) (a).

Minister may establish Forest and Range Practices Act objectives by order

93.4 (1) For the purposes of the Forest and Range Practices Act, the minister by order may establish objectives for the use and management of

(a) Crown resources,

(b) Crown land, or

(2) An order of the minister under subsection (1) may apply in respect of Crown resources or Crown land, whether or not the Crown resources or Crown land are also the subject of a designation made or an objective established by the Lieutenant Governor in Council under this Part.

Consistency among designations and objectives

93.5 (1) The minister must not establish an objective under section 93.4 in respect of Crown resources or Crown land unless the objective is consistent with every

(a) designation made under section 93.1, and

(b) objective established under section 93.3

that also applies in respect of the Crown resources or Crown land.

(2) In case of a conflict or inconsistency between an order of the minister under section 93.4 and a designation made under section 93.1 or an objective established under section 93.3 by the Lieutenant Governor in Council, the designation made or objective established by the Lieutenant Governor in Council prevails over the order of the minister.

Public review of proposed objectives by minister's order

93.6 (1) Before making an order under section 93.4 establishing or significantly amending an objective, the minister must make the proposed objective or particulars of the proposed amendment publicly available for

(a) review, and

(b) comment.

(2) Subsection (1) does not apply in respect of an order under section 93.4 if the minister

(a) is of the opinion that the order is urgently required to protect a resource value, and

(b) states that opinion in the order.

Delegation by minister

93.7 (1) The minister, in writing, may

(a) delegate a power or duty of the minister under sections 93.4 to 93.6 or under the regulations to a person, designated by name or position and employed in the ministry of the minister or in another ministry, and this Act applies to the delegate as if the delegate were the minister, except that the delegate may not sub-delegate the power or duty,

(b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(2) A delegation under any of sections 3 to 5 of the Forest Practices Code of British Columbia Act, which delegation was in effect immediately before the coming into force of this subsection, is continued as a delegation of the minister under subsection (1) of this section.

Forest Practices Code of British Columbia Act objectives continued

93.8 An objective established under section 3, 4 or 5 of the Forest Practices Code of British Columbia Act that, immediately before the coming into force of section 93.4 of this Act, was in effect for an area of

(a) Crown land, or

(b) private land that is subject to a tree farm licence, woodlot licence or community forest agreement

in a resource management zone or in a landscape unit or sensitive area is continued as an objective established by the minister under section 93.4 of this Act for that Crown land or private land.

Regulations for this Part

93.81 The Lieutenant Governor in Council may make regulations respecting objectives established under section 93.4, including but not limited to regulations prescribing procedures and criteria that are to be followed by the minister or a delegate of the minister in establishing the objectives.

Consequential Amendments

Forest Act

2 Section 35 (1) (d) (iii) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing clause (C) and substituting the following:

(C) an objective established under section 93.4 of the Land Act and an objective established under section 6 of the Forest Practices Code of British Columbia Act.

Forest and Range Practices Act

3 Section 1 (1) of the Forest and Range Practices Act, S.B.C 2002, c. 69, is amended by repealing paragraph (b) of the definition of "objectives set by government" and substituting the following:

(b) under section 93.4 of the Land Act by the minister responsible for the administration of the Land Act; .

Forest Practices Code of British Columbia Act

4 Section 1 (1) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by repealing the definition of "higher level plan" and substituting the following:

"higher level plan" means an objective

(a) established under section 93.4 of the Land Act, or

(b) for a recreation site, recreation trail or interpretive forest site.

5 Sections 3 to 5, 9 and 9.1 are repealed.

Hydro and Power Authority Act

6 Section 32 (7) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended by adding the following paragraph:

(q.1) sections 93.1 and 93.3 of the Land Act; .

Mineral Tenure Act

7 Section 14 (5) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by adding the following paragraph:

(d.1) an area of Crown land if

(i) the area is designated under section 93.1 of the Land Act, for a purpose under that section, and

(ii) the order under that section making the designation, or an amendment to the order, precludes the application by the recorded holder; .

Commencement

8 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Land Act, enacts Part 7.1]

makes provisions binding on government;
provides the Lieutenant Governor in Council powers to designate crown land for certain purposes;
provides the Lieutenant Governor in Council powers to establish objectives for resource use and management to achieve the purposes of the designation;
authorizes the minister to establish objectives for the use and management of Crown land;
provides that the designation and objectives set under the designation by the Lieutenant Governor in Council prevail over objectives set by the minister;
provides the opportunity for public review and comment except when the information is urgently required to protect a resource value;
provides for the continuation of any objectives made under sections 3, 4 and 5 of the Forest Practices Code of British Columbia Act.

Forest Act

SECTION 2: [Forest Act, repeals and replaces 35 (1) (d) (iii) (C)] is consequential to section 93.4 of the Land Act enacted by this Bill.

Forest and Range Practices Act

SECTION 3: [Forest and Range Practices Act, amends section 1 (1)] amends the definition of "objectives set by government" consequential to section 93.4 of the Land Act enacted by this Bill.

Forest Practices Code of British Columbia Act

SECTION 4: [Forest Practices Code of British Columbia Act, amends section 1 (1)] is consequential to section 93.4 of the Land Act enacted by this Bill.

SECTION 5: [Forest Practices Code of British Columbia Act, repeals sections 3 to 5, 9 and 9.1] is consequential to section 93.4 of the Land Act enacted by this Bill.

Hydro and Power Authority Act

SECTION 6: [Hydro and Power Authority Act, adds section 32 (7) (q.1)] is consequential to sections 93.1 and 93.3 of the Land Act enacted by this Bill.

Mineral Tenure Act

SECTION 7: [Mineral Tenure Act, adds section 14 (5) (d.1)] is consequential to section 93.1 of the Land Act enacted by this Bill.

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