This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.

Greenbelt Act

[RSBC 1979] CHAPTER 157

Contents
Section
  1.  Interpretation
  2.  Preservation of greenbelt land
  3.  Greenbelt register
  4.  Gifts of money
  5.  Disposal of greenbelt land
  6.  Inconsistent use
  7.  Management
  8.  Lease
  9.  Regulations
  10.  Application of other Acts

Interpretation

1.  In this Act

"Crown land" means ungranted Crown or public land or Crown domain within the Province and that belongs to the Province, whether or not waters flow over or cover it, and includes any right, title, estate or interest of the Crown in land;

"greenbelt land" means land that is

(a) considered by the minister to be suitable for preservation as greenbelt land under this Act; and

(b) reserved or acquired for the purpose under section 2.

Historical Note(s): 1977-36-1.

Preservation of greenbelt land

2.  For establishing and preserving greenbelt land,

(a) the Crown, by order of the Lieutenant Governor in Council, may reserve Crown land as greenbelt land;

(b) the minister may, with the approval of the Lieutenant Governor in Council, acquire land on behalf of the Crown as greenbelt land; and

(c) the minister may, with the approval of the Lieutenant Governor in Council, make an agreement on behalf of the Crown with Canada, an agency of Canada, an agency of British Columbia, a municipality, or regional district, or an agency of a municipality or regional district, for the acquisition by the Crown of land owned by them as greenbelt land.

Historical Note(s): 1977-36-2.

Greenbelt register

3.  The minister shall establish and maintain a greenbelt register in which he shall record all land reserved or acquired under section 2, and the record may include

(a) the legal description of the land;

(b) the name of the owner of the fee simple if other than the Crown;

(c) the estate or interest in the land held by the Crown and the method of acquisition;

(d) the area; and

(e) the date of entry in the register.

Historical Note(s): 1977-36-3.

Gifts of money

4.  The Minister of Finance may accept money, received from a gift or grant, for the acquisition or maintenance of greenbelt land and the money may, on the requisition of the minister, be paid out for this Act without any other appropriation.

Historical Note(s): 1977-36-4.

Disposal of greenbelt land

5.  The minister, with the approval of the Lieutenant Governor in Council and after public notice, may dispose of greenbelt land other than land acquired by gift under the former Greenbelt Protection Fund Act in accordance with the Land Act, and, on disposal, shall delete the record of that land from the greenbelt register.

Historical Note(s): 1977-36-5.

Inconsistent use

6.  (1) Where, by a lease or other agreement, land is being used for a purpose inconsistent with the nature and use of land as greenbelt land at the time it is recorded in the greenbelt register, that use may continue until the expiry of the term of that lease or other agreement and any extension specifically permitted by the lease or other agreement.

(2) Where there are buildings on greenbelt land at the time it is recorded in the greenbelt register, the minister may lease the buildings.

Historical Note(s): 1977-36-6.

Management

7.  (1) The minister is responsible for the management of greenbelt land and may carry out maintenance, improvement and development work on the land.

(2) The minister may, in writing, delegate the management of greenbelt land.

Historical Note(s): 1977-36-7.

Lease

8.  The minister may, notwithstanding section 5, lease or grant a right of way or easement over greenbelt land in accordance with the Land Act to any person on terms consistent with the continued existence, nature and use of the land as greenbelt land in conformity with this Act.

Historical Note(s): 1977-36-8.

Regulations

9.  The Lieutenant Governor in Council may make regulations.

Historical Note(s): 1977-36-9.

Application of other Acts

10.  This Act is subject to the Ecological Reserve Act, the Environment and Land Use Act, the Agricultural Land Commission Act, the Waste Management Act and the Water Act, but otherwise, except as provided in this Act or regulations, greenbelt land is not subject to any other enactment, whenever enacted or made, and no person shall exercise a power granted under any other enactment so as to affect greenbelt land, except in accordance with this Act or regulations.

Historical Note(s): 1977-36-10; 1982-41-38, proclaimed effective September 16, 1982.