Interpretation

1.  In this Act

"disposition" means and includes every act of the Crown 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 Crown 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 man, other animals, or plants and their environment;

"ecosystem" means a complete system composed of man, 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 man, animals and plants live or are developed;

"habitat" means that kind of place or situation in which a man, animal or a plant lives;

"minister" means the Minister of Lands, Parks and Housing.

Historical Note(s): 1971-16-1; 1977-75-3; 1979-20-14.

Purpose

2.  The purpose of this Act is to reserve Crown land for ecological purposes, including areas

(a) suitable for scientific research and educational purposes associated with studies in productivity and other aspects of the natural environment;

(b) that are representative examples of natural ecosystems within the Province;

(c) that serve as examples of ecosystems that have been modified by man and offer an opportunity to study the recovery of the natural ecosystem from modification;

(d) where rare or endangered native plants and animals in their natural habitat may be preserved; and

(e) that contain unique and rare examples of botanical, zoological or geological phenomena.

Historical Note(s): 1971-16-2.

Lieutenant Governor to establish reserves

3.  The Lieutenant Governor in Council may, by notice signed by the minister and published in the Gazette, establish ecological reserves of Crown land.

Historical Note(s): 1971-16-3.

Lieutenant Governor may cancel or amend reserves

4.  The Lieutenant Governor in Council may, by notice signed by the minister and published in the Gazette, add to, cancel in its entirety or delete any portion of an ecological reserve established under section 3.

Historical Note(s): 1971-16-4.

Ecological reserves not available for disposition

5.  After April 2, 1971, any area established as an ecological reserve under this Act shall be immediately withdrawn and reserved from any further disposition that might otherwise be granted under any Act or law in force in the Province including, without limiting the generality of the foregoing, dispositions under the Land Act, Forest Act, Range Act, Water Act, Coal Act, Petroleum and Natural Gas Act, Mining Right of Way Act, Mineral Tenure Act.

Historical Note(s): 1971-16-5; 1977-75-13; 1978-23-166; 1978-34-52; 1978-36-51; 1988-5-68; 1989-25-1.

Nature conservancy as ecological reserve

6.  A nature conservancy or any portion of it, now or hereafter designated as such under the Park Act may, notwithstanding that Act, be established as an ecological reserve under this Act.

Historical Note(s): 1971-16-6.

Regulations

7.  The Lieutenant Governor in Council may make regulations and orders and, without limiting the generality of the foregoing, may make regulations

(a) for the control, restriction or prohibition of any use, development or occupation of the land or any of the natural resources in an ecological reserve;

(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 Crown specified in the regulations;

(c) for the control, restriction or prohibition of the dumping, deposit or emission within an ecological reserve of any substance; and

(d) generally for any other matter or thing necessary or incidental to the protection of an ecological reserve.

Historical Note(s): 1971-16-7; 1977-75-1.

Administration

8.  Land established as an ecological reserve under this Act, subject to the regulations and orders made under this Act, shall be under the jurisdiction of and administered by the minister.

Historical Note(s): 1971-16-8.

Advisers

9.  The minister may appoint a person or persons to advise him on any matter relating to the establishment and administration of ecological reserves, and a person appointed under this section shall have the duties specified by the minister and shall be subject to the regulations made under this Act.

Historical Note(s): 1971-16-9; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Other Acts

10.  This Act, and any regulation or order made under this Act, applies to every ecological reserve, notwithstanding any other Act or regulation.

Historical Note(s): 1971-16-10.