This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here.

ECOLOGICAL RESERVE ACT

[RSBC 1996] CHAPTER 103

Contents

Section

 

1

Definitions

 

2

Purpose

 

3

Lieutenant Governor to establish reserves

 

4

Lieutenant Governor may cancel or amend reserves

 

5

Ecological reserves not available for disposition

 

6

Nature conservancy as ecological reserve

 

7

Power to make regulations

 

8

Administration

 

9

Advisers

 

10

Other Acts

Definitions

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.

Purpose

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

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

(b) areas that are representative examples of natural ecosystems in British Columbia;

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

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

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

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.

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.

Ecological reserves not available for disposition

5 (1) Any area established as an ecological reserve under this 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, Water Act.

Nature conservancy as ecological reserve

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

Power to make regulations

7 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act and orders.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(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 government specified in the regulations;

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

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

Administration

8 Subject to the regulations and orders made under this Act, land established as an ecological reserve under this Act is under the jurisdiction of and is to be administered by the minister.

Advisers

9 (1) The minister may appoint a person or persons to advise the minister on any matter relating to the establishment and administration of ecological reserves.

(2) A person appointed under subsection (1) has the duties specified by the minister and is subject to the regulations.

Other Acts

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