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This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
Contents | ||
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Section | ||
1. | Ministry or agency to acquire land | |
2. | Powers of acquisition | |
3. | Use of land and water | |
4. | Regulations |
1. The Lieutenant Governor in Council may, by order published in the Gazette, appoint a ministry or a statutory agency of the Crown in right of the Province to acquire, on behalf and in the name of the Crown in right of the Province, all land in the Province necessary or convenient for the creation of a storage reservoir in accordance with the obligation undertaken by the Province under section 3 (c) of the agreement between Canada and the Province, signed on July 8, l963, for works, undertakings, ways or water or conservation systems incidental to it, or which may, with advantage, be combined with it, and for providing a reserve of land against the effects of erosion.
Historical Note(s): 1968-24-2; 1977-75-1.
2. (1) If the ministry or agency appointed under section 1 is empowered by another Act of the Province to acquire land, it has and may exercise powers for the acquisition of land for the purposes set out in section 1 as if those purposes were included among the purposes set out in the Act, and may exercise, in relation to the acquisition of land, all other or incidental powers which it may exercise under the Act; and the Act shall apply, with the necessary modifications, to the acquisition of land under this Act.
(2) If the ministry or agency appointed under section 1 is not empowered by another Act of the Province to acquire land, it has and may exercise, for acquiring land for the purposes set out in section 1, the same powers that are conferred by the Ministry of Transportation and Highways Act on the Ministry of Transportation and Highways for the purposes set out in section 18 of that Act, and has and may exercise, in relation to the acquisition of land, all other and incidental powers that the Ministry of Transportation and Highways may exercise under that Act. The Ministry of Transportation and Highways Act applies, with the necessary modifications, to the acquisition of land under this subsection of this Act.
(3) For the purposes of this section, the functions, powers and duties of the Lieutenant Governor in Council or a minister in relation to a matter set out or referred to in this Act shall be deemed to be the functions, powers and duties of the ministry concerned, and, in the application of any other Act in accordance with this section, those functions and powers may be exercised by the minister who has the management of the ministry, and the duties shall be imposed on him.
Historical Note(s): 1968-24-3; 1977-75-1,55; B.C. Reg. 91/79; B.C. Reg. 537/79.
3. Land acquired under the Act shall be made available, and other land of the Crown in right of the Province which, in the opinion of the Lieutenant Governor in Council, is necessary or convenient for the purposes set out in section 1, may be made available, for those purposes; but this section does not preclude the use of the land or a stream or body of water on it, or the disposition of a right or interest in it, in a manner authorized by an Act regulating the use and disposition of land or water of the Crown, if not inconsistent with the agreement between the Province and Canada, signed on July 8, 1963.
Historical Note(s): 1968-24-4.
4. The Lieutenant Governor in Council may make regulations including regulations imposing fees on and prohibiting, controlling and restricting, the use of the land, streams and water made available under section 3.
Historical Note(s): 1968-24-5.
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