Ecological Reserve Act

Ecological Reserve Act 103 1996 414786120/96103/tlc96103_f E4tlc96103 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. Establishing and modifying ecological reserves 3 1 The Lieutenant Governor in Council may, by order, a establish an area of Crown land as an ecological reserve, and b declare the name by which the ecological reserve is to be known. 2 The Lieutenant Governor in Council may, by order, add to, cancel in its entirety or delete any portion of an ecological reserve established under subsection (1). 3 Subsection (2) does not apply to an ecological reserve referenced in Schedule A or B of the Protected Areas of British Columbia Act . 4 The Lieutenant Governor in Council may, by order, add to an ecological reserve referenced in Schedule A or B of the Protected Areas of British Columbia Act . 5 Except as permitted by subsection (4), the boundaries of an ecological reserve referenced in Schedule A or B of the Protected Areas of British Columbia Act must not be affected except by an Act of the Legislature. Publication in Gazette 4 An order of the Lieutenant Governor in Council under this Act establishing or modifying an ecological reserve must be published in the Gazette. Ecological reserves not available for disposition 5 1 Any area established or continued as an ecological reserve under this Act or by the Protected Areas of British Columbia 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 and Water Sustainability Act . 3 Subsection (1) does not apply to a disposition by permit under section 5.1. Permits for scientific research and educational purposes 5.1 1 In accordance with the regulations, the minister may issue a permit to a person authorizing use and occupation of an ecological reserve for ecological scientific research or educational purposes under section 2. 2 A permit under subsection (1) may be limited to one entry or may cover a specified period of time. 3 It is a condition of a permit issued under subsection (1) that the permittee comply with this Act and the regulations. 4 If necessary and incidental to the scientific research or educational purpose for which a permit is issued, the minister may authorize in the permit one or more of the following uses or activities: a entry to and access through the ecological reserve by specified means of conveyance or transportation; b introduction of a specified plant or animal species. 5 A permit issued under this section must include terms and conditions that the minister considers advisable to protect the ecological reserve and the natural resources in it. 6 In accordance with the regulations, the minister may suspend, modify or cancel a permit issued under this section if the minister considers it advisable for the protection of the ecological reserve or its natural resources. 7 Subject to the regulations, the minister may delegate to any person or class of persons any of the minister's powers, duties and functions under this section. Designated wildland area as ecological reserve 6 Despite the Park Act , a designated wildland area or any portion of it, designated as such under that Act, may be established as an ecological reserve under this Act or by the Protected Areas of British Columbia Act . Designation and delegation by minister 6.1 1 The minister may designate as a director a person appointed under the Public Service Act . 2 The minister may delegate to a director designated under subsection (1) any of the minister's powers or duties under sections 6.2 to 6.4. Administrative penalties 6.2 1 After providing a person with an opportunity to be heard, the minister may, in accordance with the regulations, impose an administrative penalty on the person if the minister is satisfied on a balance of probabilities that the person has a contravened a prescribed provision of the regulations, or b failed to comply with a term or condition of a permit issued under this Act. 2 An administrative penalty imposed under this section must be paid to the government within the prescribed time and in accordance with any other prescribed requirements. 3 If, under this section, the minister imposes an administrative penalty on a person, a prosecution for an offence under this Act in respect of the same contravention may not be brought against the person. 4 If a corporation contravenes a prescribed provision of the regulations or fails to comply with a term or condition of a permit, as described in subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention or failure is liable for an administrative penalty under this section even if the corporation is liable for or pays an administrative penalty. 5 All revenue the government derives from administrative penalties imposed under this section must be paid into the Park Enhancement Fund special account established by section 9.6 (2) of the Special Accounts Appropriation and Control Act . Compliance agreements 6.3 1 Before the date an administrative penalty under section 6.2 is due, the minister may, in accordance with the regulations, enter into an agreement with the person who is liable for the administrative penalty. 2 An agreement under subsection (1) may provide, in accordance with the regulations, for the reduction or cancellation of the administrative penalty subject to the terms and conditions the minister considers necessary or desirable. 3 An agreement under subsection (1) must specify the time for performing any terms and conditions and, if the person fails to perform the terms and conditions by the date specified, the administrative penalty imposed under section 6.2 is due and payable on that date. Recovery of administrative penalties 6.4 1 An administrative penalty under section 6.2 may be recovered as a debt due to the government. 2 If a person fails to pay an administrative penalty as required under section 6.2, the minister may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed. 3 A certificate under subsection (2) must be signed by the minister and must contain the following information: a the name of the person who is liable for the administrative penalty; b particulars of the administrative penalty; c the amount of the administrative penalty. Appeals in relation to administrative penalties 6.5 1 In this section, appeal board means the Environmental Appeal Board continued under section 93 of the Environmental Management Act . 2 A person who is liable for an administrative penalty under section 6.2 may appeal the following decisions under this Act to the appeal board: a a decision of the minister, under section 6.2 (1), to impose the administrative penalty on the person; b a decision of the minister, under section 6.3 (3), that the person failed to perform a term or condition of an agreement under section 6.3 (1). 3 The following provisions of the Environmental Management Act apply in relation to an appeal under this section: a section 93.1 [application of Administrative Tribunals Act] ; b section 94 [parties and witnesses] ; c section 96 [decision of appeal board] ; d section 97 [varying and rescinding orders of appeal board] ; e section 98 [appeal board power to enter property] ; f section 101 [time limit for commencing appeal] ; g section 102 (2) [procedure on appeals — new hearing] ; h section 103 [powers of appeal board in deciding appeal] . General regulation authority 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; c.1 respecting permits under section 5.1, including, without limitation, providing for their issue, suspension, modification or cancellation; c.2 requiring and prescribing a fee payable for a permit under section 5.1 and for a permit application; c.3 respecting the delegation of the powers, duties and functions of the minister under section 5.1; d creating an offence for the contravention of a regulation; e generally for any other matter or thing necessary or incidental to the protection of an ecological reserve. Regulations in relation to administrative penalties 7.01 Without limiting section 7, the Lieutenant Governor in Council may make regulations as follows: a prescribing provisions of the regulations in relation to the contravention of which an administrative penalty may be imposed; b prescribing, in relation to a contravention or failure referred to in section 6.2 (1) [administrative penalties] , whether an administrative penalty must be cancelled if the person on whom it was imposed demonstrates to the satisfaction of the minister that the person exercised due diligence to prevent the specified contravention or failure; c prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period; d establishing procedures to be applied by the minister in relation to the imposition of an administrative penalty; e establishing procedures for providing an opportunity to be heard, including procedures for opportunities that do not involve an oral hearing; f prescribing a schedule of administrative penalties that may be imposed and the matters that must be considered by the minister in establishing an administrative penalty in a particular case; g establishing the required content of notices related to administrative penalties; h authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures; i respecting time limits, and the manner and process, for paying administrative penalties; j prescribing the consequences for failing to pay an administrative penalty, which may include, but are not limited to, imposing additional administrative penalties under section 6.2; k providing for the publication of information respecting the imposition of an administrative penalty; l respecting agreements under section 6.3 [compliance agreements] . Offences and penalties 7.1 1 A person who commits an offence under the regulations is liable to a fine of up to $200 000. 2 If an offence under subsection (1) is of a continuing nature, each day that the offence continues constitutes a separate offence. 3 Section 5 of the Offence Act does not apply to this Act or the regulations. 4 A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge. Time limit for prosecuting offence 7.2 1 The time limit for laying an information for an offence under this Act is a 3 years after the date that the facts on which the information is based arose, or b if the minister issues a certificate described in subsection (2), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister. 2 A certificate purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister, a is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and b is proof of the certified matters. Administration 8 Subject to the regulations and orders made under this Act, land established or continued as an ecological reserve under this Act or by the Protected Areas of British Columbia 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.