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| This is part of an archived statute consolidation that is current to February 10, 2003 and includes changes enacted and in force by that date. |
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| SECTION | EFFECTIVE DATE | ||
| 1 | April 1, 2002 | ||
| May 9, 2002 | |||
| 12.1 | April 1, 2002 | ||
| 18 | April 11, 2002 | ||
| 19 | April 11, 2002 | ||
| 20 | April 11, 2002 | ||
| 23 | April 11, 2002 | ||
| 26 | April 11, 2002 | ||
| 41.1 | July 1, 2002 | ||
Section 1 definitions of "comptroller", "engineer", "officer" and "regional water manager" BEFORE amended by 2002-18-11(a) effective April 1, 2002 [retro from April 11, 2002 (Royal Assent).
"comptroller" means a person employed by the government and designated in writing by the minister as the Comptroller of Water Rights and includes any persons designated in writing by the minister as acting, deputy or assistant comptrollers;
"engineer" means a professional engineer employed by the government and designated in writing by the comptroller as an engineer and includes a regional water manager;
"officer" means
(a) a person or class of persons employed by the government and designated in writing by the comptroller as an officer, or
(b) a person designated as a conservation officer under section 9 (1) of the Environment Management Act;
"regional water manager" means a person employed by the government and designated in writing by the minister as a regional water manager and includes a person designated in writing by the minister as an acting or assistant regional water manager;
Section 1 definition of "government corporation" was added by 2002-18-11(b) effective April 1, 2002 [retro from April 11, 2002 (Royal Assent).
Section 1 definition of "officer" in paragraph (b) BEFORE amended by 2002-27-16 effective May 9, 2002 (Royal Assent).
(b) a person designated as a conservation officer under section 9 (1) of the Environment Management Act;
Section 12.1(6) BEFORE changes were made by 2002-18-13 effective April 1, 2002 [retro from April 11, 2002 (Royal Assent).
(6) The comptroller or regional water manager may, in writing, authorize another official or class of official employed by the government to exercise, in respect of eligible applications, the functions, duties and powers of the comptroller or regional water manager under subsection (5) of this section and sections 10, 12, 13, 18, 19, 20 and 26 (1).
Section 18(1) BEFORE changes were made by 2002-18-14(a) effective April 11, 2002 (Royal Assent).
(1) On notice to all persons whose rights would be affected, and after consideration of any objections filed and after notifying the objectors of his or her decision, the comptroller or the regional water manager may amend a licence to do any of the following:
Section 18(1.1) was added by 2002-18-14(b) effective April 11, 2002 (Royal Assent).
Section 19(3) was added by 2002-18-15 effective April 11, 2002 (Royal Assent).
Section 20(1) BEFORE amended by 2002-18-16 effective April 11, 2002 (Royal Assent).
(1) If satisfied that no licensee's rights will be injuriously affected, the comptroller or the regional water manager, on giving notice of his or her intention to do so to all interested persons, may apportion the rights and obligations granted and imposed under a licence among the owners of the several parcels comprising the land to which the licence is appurtenant.
Section 23(4), (5) and (6) BEFORE amended by 2002-18-18 effective April 11, 2002 (Royal Assent).
(4) In the case of a licence appurtenant to land, notice of the proposal to cancel the licence must be sent by registered mail to every registered owner of the land and to every person who has notified the comptroller or a regional water manager that he or she has an interest in it, but if the land comprises more than 20 parcels, notice of the proposal to cancel the licence may be given by registered mail to every person who has notified the comptroller or a regional water manager that he or she has an interest in the land and by publication in a local newspaper of not less than one insertion each week for 4 consecutive weeks.
(5) In the case of a licence that is not appurtenant to land, notice of the proposal to cancel the licence must be sent by registered mail to the person shown in the records of the Ministry of Environment, Lands and Parks as the holder of the licence and to every person who has notified the comptroller or a regional water manager that he or she has an interest in the licence.
(6) If within 60 days after mailing of the notice or the last publication of it an objection to the proposed cancellation is filed with the comptroller or a regional water manager by a person claiming an interest in the licence, the comptroller or a regional water manager must, on the hearing he or she considers suitable, determine whether the alleged grounds for cancellation are substantiated and must make the order he or she considers proper.
Section 26(1) BEFORE amended by 2002-18-19 effective April 11, 2002 (Royal Assent).
(1) On compliance with the regulations by a licensee or a person to whom approval was given under section 8, the comptroller or regional water manager may issue to the licensee or person one or more permits authorizing the flooding of Crown land or the construction, maintenance or operation on the land of works authorized under a licence or approval.
Section 41.1(1)(e) BEFORE amended by 2002-7-22 effective July 1, 2002 (BC Reg 157/02).
(e) directing the person to pay Fisheries Renewal BC or the Habitat Conservation Trust Fund an amount of money the court considers appropriate;
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