1998/99 Legislative Session: 3rd 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 23 -- 1998

PARK AMENDMENT ACT, 1998

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

1 The Park Act, R.S.B.C. 1996, c. 344, is amended by adding the following sections:

Official plan

7.1 (1) For the purposes of this section, "official plan" means a plan that is

(a) certified by the Surveyor General, by signature on the plan, to be an official plan, and

(b) kept on deposit in the Crown land registry referred to in section 7 of the Land Act.

(2) All or part of the boundary of a park, nature conservancy area or recreation area under this Act may be described by reference to

(a) one or more official plans,

(b) metes and bounds descriptions,

(c) lot or parcel descriptions, or

(d) any combination of the means referred to in paragraphs (a) to (c).

(3) To the extent of any variance between the marked representation of the boundary on an official plan and the metes and bounds or other written descriptions on the official plan, the metes and bounds or other written descriptions prevail.

(4) Copies of official plans must be available for public inspection in the Crown land registry during regular business hours, and a person may obtain a copy of an official plan on payment of a fee prescribed under section 6 (3) of the Land Act.

(5) A copy of an official plan, that is certified by the Surveyor General to be a true copy, is admissible as evidence in a court without proof of the signature or official character of the Surveyor General.

Publication in Gazette

7.2 An order of the Lieutenant Governor in Council under this Act establishing or modifying a park, nature conservancy area or recreation area must be published in the Gazette.

2 Schedule C is amended in the description of Garibaldi Park by striking out "thence due West, a distance of 220 metres;" and substituting "thence due East, a distance of 220 metres;" .

3 Schedule D is amended in the description of Cowichan River Park

(a) by striking out "right-of-way" and "right-of way" wherever they appear and substituting "right of way" ,

(b) in the paragraph beginning "Firstly:" by striking out "thence southerly, westerly and northerly along the easterly, southerly and westerly boundaries of Lots 1 and 2, Plan 27696 to the northwest corner of Lot 1, Plan 27696 and being a point on the southerly boundary of the Esquimalt and Nanaimo Railway right-of-way;" and substituting "thence southerly, westerly and northerly along the easterly, southerly and westerly boundaries of Lots 1 and 2, Plan 27696 to the southeast corner of Lot 1 of District Lot 11, Plan VIP63384; thence northwesterly and northeasterly along the southerly and easterly boundaries of said Lot 1, Plan VIP63384 and being a point on the southerly boundary of the Esquimalt and Nanaimo Railway right of way;"

(c) in the paragraph beginning "Thirdly:" by striking out 'except thereout "Skutz" Indian Reserve No. 7 and the Canadian National Railway right of way;' and substituting 'except thereout "Skutz" Indian Reserve No. 7, the Canadian National Railway right of way and Skutz Falls Forest Service Roads, Project Nos. 6115.00 and 6115.02 (formerly R04473);' , and

(d) by repealing the final paragraph and substituting the following:

Seventhly: Lots A and B of Section 7, Range 1, Sahtlam District, Plan 24921, on file with the Victoria Land Title Office and containing 1.11 hectares.

The whole containing approximately 753 hectares.

4 Schedule D is amended by repealing the description of Duffey Lake Park and substituting the following:

25 DUFFEY LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Lillooet District, and lying within the following described boundaries:

Commencing at the summit of Mount Rohr; thence southeasterly in a straight line to a point lying due West, a distance of 500 metres, and due North, a distance of 500 metres, more or less, from the intersection of the centre line of Bridge Number 8052 with the middle line of Van Horlick Creek, as shown on Highway District Plan 26-99-403, being a survey plan of Duffey Lake Road; thence due South to the northwesterly boundary of Highway District Plan 26-99-403; thence northwesterly along the northwesterly boundary of the Highway District Plan 26-99-403 to a point thereon, said point being due North, a distance of 200 metres and due East, a distance of 400 metres, more or less, from the southeast corner of District Lot 8574, as shown on Official Plan 1 Tube 1694 deposited at the Surveyor General's Branch in Victoria; thence in a straight line, on a bearing of 117°, a distance of 190 metres; thence in a straight line, on a bearing of 30°, a distance of 302 metres; thence in a straight line, on a bearing of 300°, a distance of 265.559 metres, crossing the bed of Duffey Lake to the natural boundary of Duffey Lake, on the northwesterly shore thereof to the most southerly legal survey post as shown on Official Plan 1 Tube 1694; thence northwesterly along said Official Plan to the most northerly legal post thereof and continuing northwesterly in a straight line to the summit of an unnamed mountain, said summit being the northwesterly watershed of Duffey Lake and lying approximately due North, a distance of 1.60 kilometres, and due West, a distance of 1.15 kilometres from the northeast corner of District Lot 8574; thence in a general southwesterly direction along the northwesterly watershed of Duffey Lake to Mount Rohr, being a point thereon and being the point of commencement; except thereout the Crown land that is the subject of Duffey Lake Road Highway District Plan 26-99-403.

The whole containing approximately 2 007 hectares.

5 Schedule D is amended in the description of Nazko Lake Park

(a) by striking out "except thereout Fractional northwest 1/4 and southwest 1/4 of District Lot 4799 and Clusko River-Thunder Mountain Forest Service Road Project 7357, Branches 04 and 11." and substituting "except thereout (1) the Fractional Northwest 1/4 of District Lot 4799; (2) the Southwest 1/4 of District Lot 4799; (3) the Northeast 1/4 of District Lot 4800; and (4) the Crown land that is the subject of Clusko River-Thunder Mountain Forest Service Road Project 7357, Branches 04 and 11." , and

(b) by repealing the final paragraph and substituting the following:

The whole containing approximately 7 854 hectares.

6 Schedule D is amended in the description of Purcell Wilderness Conservancy Park

(a) by striking out "Finlay Creek" wherever it appears and substituting "Findlay Creek",

(b) by striking out "thence northerly along the easterly boundary of the watershed of Salisbury Creek and continuing northerly along the easterly boundaries of the watersheds of Bulmer, Argenta and Carter Creeks to a point on the easterly boundary of the watershed of Carter Creek 1.6 kilometres due North and 300 metres, more of less, due East of the northeast corner of District Lot 8391;" and substituting "thence northerly along the easterly boundary of the watershed of Salisbury Creek and continuing northerly along the easterly boundaries of the watersheds of Bulmer, Argenta and Carter Creeks to a point on the easterly boundary of the watershed of Carter Creek being, due East of the northeast corner of District Lot 8390; thence on a bearing of 312° 44', 757 metres; thence on a bearing of 352° 57', 681 metres; thence on a bearing of 296° 20', 1.136 kilometres, more or less, to a point on the easterly watershed boundary of Carter Creek; thence northwesterly along said easterly watershed boundary to a point 1.6 kilometres due North and 300 metres, more or less, due East of the northeast corner of District Lot 8391;",

(c) by striking out "thence in a southwesterly direction along a line drawn parallel to and 1.0 kilometre perpendicularly distant from said natural boundary to a point thereon, said point being parallel to and 1.0 kilometre perpendicularly distant from the natural boundary of Middle Finlay Creek, on the left bank thereof; thence in a southeasterly direction along a line drawn parallel to and 1.0 kilometre perpendicularly distant from the natural boundary of Middle Finlay Creek, on the left bank thereof, to the intersection with the easterly boundary of Purcell Wilderness Conservancy Park;" and substituting "thence in a southwesterly direction along a line drawn parallel to and 1.0 kilometre perpendicularly distant from said natural boundary to a point thereon, said point being parallel to and 1.0 kilometre perpendicularly distant from the natural boundary of Middle Findlay Creek, on the right bank thereof; thence in a southeasterly direction along a line drawn parallel to and 1.0 kilometre perpendicularly distant from the natural boundary of Middle Findlay Creek, on the right bank thereof, to the intersection with the easterly boundary of Purcell Wilderness Conservancy Park;", and

(d) by repealing the final paragraph and substituting the following:

The whole containing approximately 198 115.6 hectares.

7 Schedule D is amended in the description of Tatshenshini - Alsek Park

(a) in the first paragraph by striking out "All that parcels" and substituting "All those parcels" , and

(b) in the paragraph beginning "Commencing at a point" by striking out "Surveyor Generals Office" and substituting "Surveyor General's Office", and by striking out "the province to the intersection with the westerly boundary" and substituting "the Province to the intersection with the westerly boundary".

8 Schedule E is amended by repealing the description of Adams Lake Marine Park and substituting the following:

2 ADAMS LAKE MARINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the following described boundaries:

Poplar Point Site

The boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1778.

The site containing approximately 8 hectares.

Spillman Beaches Site

The boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1778; except thereout the Forest Service Road identified as Road #7562.02.

The site containing approximately 203 hectares.

The whole containing approximately 235 hectares.

9 Schedule E is amended by repealing the description of Banana Island Park and substituting the following:

4 BANANA ISLAND PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 16 Tube 1779.

The whole containing approximately 6 hectares.

10 Schedule E is amended by repealing the description of Blue Earth Lake Park and substituting the following:

8 BLUE EARTH LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1777; except thereout the Hat Creek Forest Service Road, Project No. 8582.02.

The whole containing approximately 689 hectares.

11 Schedule E is amended by repealing the description of Blue River Black Spruce Park and substituting the following:

9 BLUE RIVER BLACK SPRUCE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 18 Tube 1779; except thereout the Mud River Forest Service Road, Project No. 7468-00.

The whole containing approximately 172 hectares.

12 Schedule E is amended by repealing the description of Blue River Pine Park and substituting the following:

10 BLUE RIVER PINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 19 Tube 1780.

The whole containing approximately 28 hectares.

13 Schedule E is amended by repealing the description of Bonaparte Park and substituting the following:

11 BONAPARTE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1777.

The whole containing approximately 11 848 hectares.

14 Schedule E is amended by repealing the description of Caligata Lake Park and substituting the following:

13 CALIGATA LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 20 Tube 1779.

The whole containing approximately 153 hectares.

15 Schedule E is amended by repealing the description of Chu Chua Cottonwood Park and substituting the following:

17 CHU CHUA COTTONWOOD PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 19 Tube 1779.

The whole containing approximately 108 hectares.

16 Schedule E is amended by repealing the description of Cornwall Hills Park and substituting the following:

18 CORNWALL HILLS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1777.

The whole containing approximately 1 235 hectares.

17 Schedule E is amended by repealing the description of Eakin Creek Canyon Park and substituting the following:

23 EAKIN CREEK CANYON PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 22 Tube 1780; except thereout the Crown land that is the subject of the Mineral Claim Patches Placer, Mineral Tenure Number 317314.

The whole containing approximately 10 hectares.

18 Schedule E is amended by repealing the description of Eakin Creek Floodplain Park and substituting the following:

24 EAKIN CREEK FLOODPLAIN PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 23 Tube 1780; except thereout (1) the Crown land that is the subject of Mineral Claims Luc 4, 6 and 8, Mineral Tenure Numbers 218172, 218174 and 218176 respectively; (2) the Crown land that is the subject of Mineral Claims Zag 1, 2 and 3, Mineral Tenure Numbers 342847, 342848 and 342849 respectively; and (3) Eakin Creek Road, a Section 4 Highway Act road, identified on the Highway Road Register as Road #1071.

The whole containing approximately 123 hectares.

19 Schedule E is amended by repealing the description of Elephant Hill Park and substituting the following:

25 ELEPHANT HILL PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1783; except thereout the road right of way for Highway 97C, shown on Plan H-659 as deposited in the Kamloops Land Title Office.

The whole containing approximately 968 hectares.

20 Schedule E is amended by repealing the description of Emar Lakes Park and substituting the following:

26 EMAR LAKES PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1783.

The whole containing approximately 1 618 hectares.

21 Schedule E is amended by repealing the description of Finn Creek Park and substituting the following:

28 FINN CREEK PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1783; except thereout the Crown land that is the subject of Mineral Claims Finn 1 and 3, Mineral Tenure Numbers 306061 and 306063 respectively.

The whole containing approximately 384 hectares.

22 Schedule E is amended by repealing the description of Greenstone Mountain Park and substituting the following:

31 GREENSTONE MOUNTAIN PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 37 Tube 1774; except thereout (1) District Lot 5843, Plan CG492; (2) Greenstone Mountain Road, a Section 4 Highway Act road listed on the Highway Register as Road #2094; and (3) the land described as commencing at the northeast corner of District Lot 5843; thence due East, a distance of 15.24 metres; thence due South, a distance of 440 metres; thence due West, a distance of 140 metres; thence due North to a point due West of the northwest corner of District Lot 5843; thence due East to said corner and continuing easterly along the northerly boundary of said Lot to the northeast corner thereof, being the point of commencement.

The whole containing approximately 124 hectares.

23 Schedule E is amended by repealing the description of Habour - Dudgeon Lakes Park and substituting the following:

32 HARBOUR -- DUDGEON LAKES PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1784.

The whole containing approximately 356 hectares.

24 Schedule E is amended by repealing the description of Harry Lake Aspen Park and substituting the following:

33 HARRY LAKE ASPEN PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1783; except thereout the Crown land that is the subject of Mineral Claim Trac #5, Mineral Tenure Number 218118.

The whole containing approximately 327 hectares.

25 Schedule E is amended by repealing the description of High Lakes Basin Park and substituting the following:

34 HIGH LAKES BASIN PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 9 Tube 1777.

The whole containing approximately 570 hectares.

26 Schedule E is amended by repealing the description of McConnell Lake Park and substituting the following:

41 McCONNELL LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 1779.

The whole containing approximately 102 hectares.

27 Schedule E is amended by repealing the description of Momich Lakes Park and substituting the following:

44 MOMICH LAKES PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1778; except thereout the Adams West Forest Service Road as shown on Files 942-7458.15, 942-7458.12 and 942-7458.18, all with the Ministry of Forests in Victoria.

The whole containing approximately 1 605 hectares.

28 Schedule E is amended by repealing the description of Mount Savona Park and substituting the following:

46 MOUNT SAVONA PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 36 Tube 1774; except thereout the Crown land that is the subject of Grazing Lease #334322 on file #0095880, B.C. Lands Regional Office, Kamloops.

The whole containing approximately 382 hectares.

29 Schedule E is amended by repealing the description of Mud Lake Delta Park and substituting the following:

47 MUD LAKE DELTA PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 25 Tube 1779; except thereout District Lot 4696.

The whole containing approximately 435 hectares.

30 Schedule E is amended by repealing the description of Oregon Jack Park and substituting the following:

56 OREGON JACK PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 20 Tube 1780; except thereout a Section 4 Highway Act road right of way identified as Hat Creek Road #2101.

The whole containing approximately 230 hectares.

31 Schedule E is amended by repealing the description of Painted Bluffs Park and substituting the following:

57 PAINTED BLUFFS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 9 Tube 1783; except thereout the Canadian National Railway right of way, being Plan A533 and District Lots 2197, 2198, 2199 and 2200.

The whole containing approximately 98 hectares.

32 Schedule E is amended by repealing the description of Porcupine Meadows Park and substituting the following:

59 PORCUPINE MEADOWS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 10 Tube 1773.

The whole containing approximately 2 703 hectares.

33 Schedule E is amended by repealing the description of Pyramid Creek Falls Park and substituting the following:

61 PYRAMID CREEK FALLS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 17 Tube 1779.

The whole containing approximately 12 hectares.

34 Schedule E is amended by repealing the description of Roche Lake Park and substituting the following:

64 ROCHE LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 9 Tube 1779; except thereout (1) Blocks D and E of Section 29, Township 17, Range 16, West of the Sixth Meridian; (2) Block A of Section 33, Township 17, Range 16, West of the Sixth Meridian; (3) Roche Lake Road, a Section 4 Highway Act road, identified on the Highways Road Register as Road #4088; and (4) the Southeast 1/4 of Section 33, Township 17, Range 16, West of the Sixth Meridian, Kamloops Division of Yale District except that part thereof covered by the waters of Roche Lake at the time of survey of said lake as shown on a plan of survey of said Township dated at Ottawa, March 13, 1913 and Plan 23917.

The whole containing approximately 2 041 hectares.

35 Schedule E is amended by repealing the description of Taweel Park and substituting the following:

75 TAWEEL PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 1778; except thereout the Crown land that is the subject of Mineral Claims Lem 1 and Lem 2, Mineral Tenure Numbers 334437 and 334438 respectively.

The whole containing approximately 4 393 hectares.

36 Schedule E is amended by repealing the description of Tsintsunko Lakes Park and substituting the following:

76 TSINTSUNKO LAKES PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 10 Tube 1783.

The whole containing approximately 353 hectares.

37 Schedule E is amended by repealing the description of Tunkwa Park and substituting the following:

77 TUNKWA PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Kamloops Division of Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1778.

The whole containing approximately 5 075 hectares.

38 Schedule E is amended in the description of Wells Gray Park in the paragraph beginning "Fourthly:"

(a) by striking out "thence easterly along the southerly boundaries of District Lots 2175 and 2174, Kamloops Division of Yale District to the westerly boundary of Clearwater Valley Road, a Section 4 Highway Act road identified on the Highway Road Register as Road #1214; thence southerly along the westerly boundary of Clearwater Valley Road to the point of intersection with the easterly boundary of District Lot 2167, Kamloops Division of Yale District;" and substituting "thence easterly along the southerly boundaries of District Lots 2175 and 2174, Kamloops Division of Yale District to the westerly boundary of Clearwater Valley Road as shown on the Plan deposited in the Surveyor General's Office as Plan 2 Tube 1562; thence southerly along the westerly boundary of Clearwater Valley Road as shown on said Plan 2 Tube 1562 and on Plan 24 Tube 1721 to the point of intersection with the easterly boundary of District Lot 2167, Kamloops Division of Yale District;" , and

(b) by striking out "except thereout the Crown land that is subject to the Clearwater Tree Farm Licence 18, the Clearwater Valley Road lying within the boundaries of the park being a Section 4 Highway Act road identified on the Highway Road Register as Road #1214 and also a surveyed road, and more particularly identified on Plan 40616, on deposit in the Land Title Office in Kamloops and on Plan 2 Tube 1562 on file with the Surveyor General." and substituting "except thereout the Crown land that is subject to the Clearwater Tree Farm Licence 18, the Clearwater Valley Road lying within the boundaries of the park and also a surveyed road, and more particularly identified on Plan 40616 on deposit in the Land Title Office in Kamloops, Road Survey No. 5709 on file with the Ministry of Transportation and Highways in Kamloops, and on Plan 2 Tube 1562 on deposit with the Surveyor General's Office."

 
Consequential Amendment

Land Act

39 Section 6 (3) of the Land Act, R.S.B.C. 1996, c. 245, is repealed and the following substituted:

(3) The minister may make regulations prescribing fees for the purposes of subsection (2) of this section and section 7.1 (4) of the Park Act.

Transitional -- publication

40 Section 7.2 of the Park Act, as enacted by this Act, does not apply to orders of the Lieutenant Governor in Council made before this Act comes into force.

Retroactive effect of legal descriptions

41 To the extent that a park description established or as amended by 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 or Park Amendment Act, 1997, that area or interest is excluded from the park, and this exclusion is retroactive to the date on which the area or interest was included under the Park Amendment Act, 1995 or Park Amendment Act, 1997.

 
Explanatory Notes

SECTION 1: [Park Act, enacts sections 7.1 and 7.2]

SECTION 2: [Park Act, amends Schedule C] corrects an error in the metes and bounds description of a park's boundaries.

SECTIONS 3 to 7: [Park Act, amends Schedule D] corrects errors in the metes and bounds descriptions of park boundaries.

SECTIONS 8 to 37: [Park Act, amends Schedule E] for 30 parks, replaces the current metes and bounds legal descriptions with descriptions established by reference to an official plan certified by the Surveyor General.

SECTION 38: [Park Act, amends Schedule E] corrects errors in the metes and bounds description of a park's boundaries.

SECTION 39: [Land Act, amends section 6] allows regulations to establish fees for obtaining copies of official plans under the Park Act.


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