The Ecological Reserves Act
|This Act is current to March 24, 2021|
|See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.|
ECOLOGICAL RESERVE ACT
[RSBC 1996] CHAPTER 103
1 In this Act:
“disposition” means and includes every act of the government where Crown land, mines, minerals, coal, petroleum, natural gas, timber and water, or any right, title, interest or estate in them is granted, disposed of or affected, or by which the government divests itself of or creates a right, title, interest or estate in, or permits the use of land, mines, minerals, coal, petroleum, natural gas, timber and water;
“ecology” means the study of the interrelations between human beings, other animals, or plants and their environment;
“ecosystem” means a complete system composed of human beings, other animals and plants in a defined area, and with the soil and climate comprising their habitat in that area;
“environment” means all the external conditions or influences under which human beings, animals and plants live or are developed;
“habitat” means that kind of place or situation in which a human being, animal or a plant lives.
2 The purpose of this Act is to reserve Crown land for ecological purposes, including the following areas:
(3)Subsection (2) does not apply to an ecological reserve referenced in Schedule A or B of the Protected Areas of British Columbia Act.
(4)The Lieutenant Governor in Council may, by order, add to an ecological reserve referenced in Schedule A or B of the Protected Areas of British Columbia Act.
(5)Except as permitted by subsection (4), the boundaries of an ecological reserve referenced in Schedule A or B of the Protected Areas of British Columbia Act must not be affected except by an Act of the Legislature.
4 An order of the Lieutenant Governor in Council under this Act establishing or modifying an ecological reserve must be published in the Gazette.
5 (1)Any area established or continued as an ecological reserve under this Act or by the Protected Areas of British Columbia Act must be immediately withdrawn and reserved from any further disposition that might otherwise be granted under any Act or law in force in British Columbia.
(2)Without limiting subsection (1), that subsection applies to dispositions under the following Acts: Coal Act, Forest Act, Land Act, Mineral Tenure Act, Mining Right of Way Act, Petroleum and Natural Gas Act, Range Act and Water Sustainability Act.
5.1 (1)In accordance with the regulations, the minister may issue a permit to a person authorizing use and occupation of an ecological reserve for ecological scientific research or educational purposes under section 2.
(4)If necessary and incidental to the scientific research or educational purpose for which a permit is issued, the minister may authorize in the permit one or more of the following uses or activities:
(6)In accordance with the regulations, the minister may cancel or modify a permit issued under this section if the minister considers it advisable for the protection of the ecological reserve or its natural resources.
6 Despite the Park Act, a designated wildland area or any portion of it, designated as such under that Act, may be established as an ecological reserve under this Act or by the Protected Areas of British Columbia Act.
7 (1)The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act and orders.
(b)for the control, restriction or prohibition of exercise of powers granted by any other Act or regulation by a minister, ministry of the government, or agent of the government specified in the regulations;
(3)Section 5 of the Offence Act does not apply to this Act or the regulations.
8 Subject to the regulations and orders made under this Act, land established or continued as an ecological reserve under this Act or by the Protected Areas of British Columbia Act is under the jurisdiction of and is to be administered by the minister.
10 This Act, and any regulation or order made under this Act, applies to every ecological reserve, despite any other Act or regulation.
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