Island Tides Regional Newspaper
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Every Second Strait of Georgia Thursday & Online ‘24/7’ at islandtides.com Uniting The Salish Sea ~ From Coast To Coast to Coast Canadian Publications Mail Product Sales Agreement Nº 40020421 Volume 21 Number 6 March 26-April 8, 2009 $1 at Selected Retailers Tide tables 3 Trust Council vote Saturna 2 supports examining Letters 4 PMFL exemption for What’s on? 5 Galiano Island Bulletin board 7 Protection of Islands Trust bylaws moves a step closer at the March 11 meeting of the Islands Trust when Trust Council passed a motion instructing the Executive Committee to explore a solution to the conflict that exists over the Olympic security may management of the large tracts of private forest land on Galiano Island. The proposed solution to the problem is to halt Islands’ air services seek an exemption from section 21 of the Private Managed Forest Land (PMFL) Act. Security arrangements for the 2010 If such as exemption were granted, it would finally resolve Olympic Games may threaten air the conflict that exists between the PMFL Act and the object services between the Gulf Islands and and policy statement of the Islands Trust Act. Vancouver, as well as flights from other Misty MacDuffee, chair of NGO Gulf Islands Alliance coastal and interior points. According to (GIA), told Trust Council that such an exemption would allow airline operators, passengers and Galiano Island to embark on its OCP review without the baggage destined for Vancouver fragmentation that currently exists due to different land use Harbour and Vancouver Airport South objectives inside and outside the PMFL. Terminal between January 29 and If the change isn’t made, Galiano’s desire to undertake March 24, 2010 must pass through community planning and implement Trust objectives in security screening similar to that used these areas are overridden by forestry policy. for large commercial flights. Initiatives to solve this problem between the two Acts Many Gulf Islanders use small were started by the Islands Trust as early as 2005, just after airlines, often floatplanes, to get to and the PMFL Act came into effect. In 2005, Trust Council passed from Vancouver quickly and a resolution unanimously requesting that the Executive conveniently. These flights land and Committee advocate for legislative changes and provincial take off virtually anywhere on the co-operation to implement the Trust Object in areas that Islands where there is a suitable dock. were included in PMFL jurisdiction. Olympic security officials have In June 2008, concerns were again expressed by Trust OLYMPICS, please turn to page 2 Council over the PMFL Act. A resolution was passed requesting staff to explore a request to the lieutenant Marine Harvest Governor in Council to exempt the Trust Area from the PMFL Act and it regulations. appeals aquaculture Clearly, Trust Council has been trying to resolve the conflict between the two Acts since the PMFL came into place decision in 2004. BC’s largest aquaculture company, A motion to pursue an exemption using Section 21 of the Marine Harvest Canada Ltd, has Photo: Charles Campbell announced that it intends to appeal the GALIANO ISLAND, please turn to page 2 Lamb season in full swing. February 9 BC Supreme Court decision that the federal government, not the provincial government, has jurisdiction Jordan River TFL removal breeds chaos for CRD ~ Patrick Brown over aquaculture on BC’s coast (see The chaos resulting from the provincial unexpectedly allowed some 28,000 hectares of land from the TFL, real estate firm Colliers invited Island Tides February 26, 2009). government decision to release most of Western Forest Products-owned TFL land to be bids on some 2,500 hectares between Otter Point The original case was brought by Vancouver Island’s remaining privately owned released from Forests Ministry control to become and Sooke, including a substantial part of the Alexandra Morton, who lives in the Tree Farm License (TFL) land from the private managed forest lands, eligible for any Jordan River townsite, and considerable Broughton Archipelago, and who has jurisdiction might be straightened out by the development allowed by the current zoning. waterfront. Bids closed on October 18, 2007. fought long and hard to prevent sea lice courts, or it could be solved by provincial Since Minister Coleman had not consulted or Developer Ender Ilkay acquired an option on from salmon farms attacking juvenile government intervention on behalf of the Capital notified the CRD before allowing the release of the all of the land on offer, but by June, 2008 had salmon on their way from the streams Regional District. But while it continues, Western lands, the regional government was caught completed the purchase of only 250 hectares for a where they are hatched to the sea. While Forest Products are unlikely to be able to sell the completely off-guard by a development reported $3 million—about $12,000 per hectare. it is unusual for the courts to hear land for development. application quickly submitted by WFP under the (These seven parcels were among the few constitutional challenges, Justice As reported in the March 12 edition of Island existing bylaws, which permitted forestry, and unaffected by the new CRD rezoning bylaws.) In Hinkson accepted the case as a matter of July last year, he was quoted as saying that his Tides, the BC Supreme Court has allowed new which allowed subdivision of much of the land public interest. original purchase plan was ‘off the rails’. bylaws covering development on some 2,500 into four-hectare parcels. Morton, represented by well-known The CRD moved quickly to put new bylaws in Meanwhile, WFP prepared subdivision plans environmental lawyer Greg McDade, hectares of former forest lands near Jordan River place, mandating minimum parcel sizes of 120 for all 2,500 hectares, which under the original argued that salmon raised in floating to remain in place while an appeal of the Court’s hectares for much of the lands, and limiting bare zoning would allow 319 lots of 2-5 hectares. These net-pen salmon farms were in fact a December 2008 decision is heard. The bylaws, land strata development. These bylaws were upset plans were filed with the Ministry of Highways ‘fishery,’ and thus fell, constitutionally, recently passed by the Capital Regional District (responsible for approving subdivisions) in April by a Supreme Court decision resulting from a legal under the federal Fisheries Act. The case (CRD), are intended to control development in 2008, just before the Minister of Community challenge by WFP. The Court held that the voting was defended by the provincial the Juan de Fuca Electoral Area (JDFEA) while Services, Ida Chong, signed the new CRD bylaws. procedure used by the CRD was improper, but did government and Marine Harvest, who planning of the area is done. If the CRD bylaws are upheld on appeal, these not comment on the bylaws themselves. It is this said that aquaculture was in fact a form The lands in question were formerly part of subdivision plans must be approved by April 23, decision that the CRD is currently appealing. of agriculture, and was properly the Tree Farm Licenses (TFL) held by Western Forest 2009 to be valid. domain of the province. Products (WFP), but also fell within the Land For Sale The CRD formally advised the BC Ministry of Justice Hinkson agreed with boundaries of the JDFEA, part of the CRD. They Back in August 2006, WFP had formally advised Transportation in November, 2008 that they were Morton, and gave the federal and suddenly became developable in 2007 when the the Ministry that it planned to offer some of its opposed to the subdivisions, but the ministry has provincial governments twelve months provincial Minister of Forests, Rich Coleman, land for sale. Soon after the 2007 release of the JORDAN RIVER, please turn to page 6 to organize the change of jurisdiction. Marine Harvest will argue that their fish are in fact private property from the Gary Holman NDP candidate for southern islands time they are hatched to the time they On the afternoon of Saturday March 14 members Holman is an economist and has served on the He spoke of his concern that the erosion of the are harvested, and thus not subject to of Saanich North & the Islands NDP gathered in boards of the Land Conservancy of BC. social safety net, privatization of public assets, and the Fisheries Act. According to Sidney to nominate their candidate for the May 12 In accepting the nomination, Holman stated, ‘I weakening of environmental regulations occurred provincial Minister of Agriculture and Provincial election. look forward to working with Carole James and during a time of economic growth. Lands Ron Cantelon, the provincial The successful candidate, Salt Spring resident the New Democrats on their progressive agenda He asked, ‘What will this Campbell Liberals government will not join in the appeal, Gary Holman, served two terms as CRD director. to construct affordable housing, take effective government do if we give them another 4-year and it is negotiating with the federal He is known for his strong support of the Islands action on climate change, protect public health term in the face of this serious recession?’ 0 government. 0 Trust with its ‘preserve and protect’ mandate. care and education, and increase food security.’ is available at these SERIOUS COFFEE locations — look for the ‘Island Tides’ yellow boxes or racks inside! Nanaimo—Across from the Hospital Campbell River—Island Highway near Larwood Rd Courtenay—Southgate Centre, Cliffe Ave Nanaimo—Hammond Bay Rd Sidney—Beacon Avenue Duncan—Cowichan Commons Mall South Duncan—Sun Valley Mall Nanaimo—South Parkway Plaza Mill Bay—Island Highway @ Frayne Rd Port Alberni—Shoppers Drugmart Plaza, 10th Ave Page 2, ISLAND TIDES, Mar 26, 2009 Islands Trust wins Kenneth Stanley Page April 26, 1915-Mar 17, 2009 It is with great sadness that we announce the passing of our injunction against short- dear father.