1997 Park (Amendment) SBC Chap. 34 Section 1 PARK AMENDMENT ACT, 1997 CHAPTER 34 Assented, to July 28, 1997 HER MAJESTY^ by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1 Section 5 (4) and (5) of the Park Act, R.S.B.C. 1996, c. 344, is repealed and the following substituted: (4) The parks named and described in Schedule E are continued or established as Class A parks, and are dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public. (5) The Lieutenant Governor in Council may, by order, extend the boundaries of any park, or consolidate 2 or more of the parks, continued or established under subsection (3) or (4). (6) Except as permitted by subsection (5), the boundaries of a park continued or established under subsection (3) or (4) must not be affected except by an Act of the Legislature. 2 Section 7 (2) is repealed and the following substituted: (2) Subsection (1) does riot apply to a park continued or established under section 5 (3) or (4). 3 Section 30 is repealed and the following substituted: Transitional - permits and licences for Schedule D and E parks 30 (1) In this section: “establishment date” means the date on which a new park was established (a) as a park by or under this Act, or (b) as a park or protected area under the Environment and Land Use Act,. whichever is earlier; “new park” means an area of Crown land established as (a) a park listed in Schedule D, or (b) a park listed in Schedule E; “range tenure” means a grazing licence, grazing permit, hay cutting licence or hay cutting permit issued under the Range Act. (2) This section applies despite any other provision of this Act. 1 SBC Chap. 34 Park (Amendment) 46 Eliz. 2 Section 4 (3) The Lieutenant Governor in Council may, by order, authorize the minister to issue park use permits authorizing persons who, on the establishment date for a new park, hold (a) a permit or other authorization under an enactment, or (b) a lien, charge or encumbrance with respect to the new park to continue to do anything that the persons were authorized to do by the permit or other authorization or by the lien, charge or encumbrance, other than commercial logging, mining or hydro electric devel­ opment. (4) The minister may renew, cancel, amend or approve the transfer of a park use permit issued under subsection (3). (5) With respect to a new park, (a) a range tenure that (i) was issued under section 5, 6, 8 or 9 of the Range Act with respect to the new park, and (ii) was in effect on the establishment date for the new park, continues as the applicable form of range tenure, and must be administered and managed in accordance with the Range Act and the Forest Practices Code of British Columbia Act, (b) new range tenures may be issued under the Range Act with respect to the new park, subject to the limits established by subsection (6), and f (c) range tenures under paragraph (a) or (b) may be transferred, renewed, replaced, suspended, cancelled, amended, consolidated, partitioned and subdivided in accordance with the Range Act and the Forest Practices Code of British Columbia Act. (6) The maximum number of animal unit months, as defined in the Range Act, that may be authorized for a new park by range tenures under subsection (5) is the number of animal unit months authorized for the area of the new park on the establishment date for the new park. (7) This section applies retroactively in relation to a new park to the extent necessary to give it effect on and after the establishment date for the park. 4 Section 32 is repealed. 5 Schedule A of the Act is amended in accordance with Schedule A to this Act. 6 Schedule B of the Act is amended in accordance with Schedule B to this Act. 7 Schedule C of the Act is amended in accordance with Schedule C to this Act. 8 Schedule D of the Act is amended in accordance with Schedule D to this Act. 2 1997 Park (Amendment) SBC Chap. 34 Section 9 9 Schedule E to this Act is added as Schedule E of the Act. Retroactive effect of legal descriptions 10 To the extent that a park description established or as amended by a Schedule to this Act excludes from the park an area of land or an interest in land or resources that was included in the park under the Park Amendment Act, 1995, that area or interest is excluded from the park, with this exclusion retroactive to the date on which the area or interest was included under the Park Amendment Act, 1995. SCHEDULE A (Amends Schedule A of the Park Act) Birkenhead Lake Park 1 The description of Birkenhead Lake Park is repealed and the following substituted: 4 BIRKENHEAD LAKE PARK All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Lillooet District and lying within the following described boundaries: Commencing at the northwest corner of District Lot 398; thence due North, a distance of 4.56 kilometres; thence westerly in a straight line, a distance of 3.76 kilometres, more or less, to the summit of an unnamed mountain (elevation 2 443 metres); thence due North, a distance of 2.03 kilometres, more or less, to a point lying due East of the summit of an unnamed mountain (elevation 2 374 metres); thence due West, a distance of 3.02 kilometres, more or less, to said summit of an unnamed mountain; thence northwesterly in a straight line, a distance of 3.95 kilo­ metres, more or less, to the most westerly point of an unnamed lake at the most southerly fork of the headwaters of Sockeye Creek; thence northeasterly in a straight line, a distance of 2.10 kilo­ metres, more or less, to the summit of an unnamed mountain (elevation 2 332 metres); thence easterly in a straight line to the summit of Mount Shadowfax; thence southerly in a straight line to the summit of Mount John Decker; thence due South, a distance of 760 metres; thence due East, a distance of 3.44 kilometres; thence due South to a point lying due East of the most easterly southeast corner of District Lot 4895; thence due West to the most easterly southeast corner of District Lot 4895; thence northerly along the easterly boundary of District Lot 4895 to the south­ westerly natural boundary of Birkenhead Lake; thence in a general northwesterly direction along the southwest natural boundary of Birkenhead Lake to the easterly boundary of District Lot 398; thence southerly, westerly and northerly along the easterly, southerly and westerly boundaries of District Lot 398 to the northwest corner thereof, being the point of commencement. The whole containing approximately 9 755 hectares. Golden Ears Park 2 The description of Golden Ears Park is repealed and the following substituted: 3 SBC Chap. 34 Park (Amendment) 46 Eliz. 2 Schedule A 22 GOLDEN EARS PARK All those parcels or tracts of Crown land, together with all that foreshore or land covered by water situated in Group 1, New Westminster District and lying within the following described boundaries: Firstly: Commencing at the intersection of the natural boundary of Pitt Lake, on the easterly shore thereof, with the northeasterly boundary of District Lot 5579, being the “Pioneer” Mineral Claim; thence southeasterly and southwesterly along the northeasterly and southeasterly bound­ aries of said District Lot 5579 to the most northerly corner of District Lot 3177, being the “Viking” Mineral Claim; thence southeasterly along the northeasterly boundary of said District Lot 3177 to the intersection with the northerly boundary of District Lot 7074; thence easterly along the northerly boundary of District Lot 7074 to the northeast corner thereof; thence south­ erly and westerly along the easterly and southerly boundaries of District Lot 7074 to the most southerly southwest corner thereof, being a point on the easterly boundary of District Lot 6110; thence southerly and westerly along the easterly and southerly boundaries of District Lot 6110 to the most southerly southeast corner thereof; thence southerly in a straight line to the northwest corner of the Northeast 1/4 of Section 27, Township 12, East of Coast Meridian; thence souther­ ly, easterly and northerly along the westerly, southerly and easterly boundaries of the Northeast 1/4 of Section 27 to the northeast corner thereof; thence easterly in a straight line to the northwest corner of Section 26, Township 12, East of the Coast Meridian; thence easterly along the northerly boundary of Section 26 to the natural boundary of Alouette River, on the right bank thereof; thence in a general northeasterly direction along the natural boundary of Alouette River, on the right bank thereof, to the intersection with the southerly boundary of Fractional Section 32, Township 3, Range 4, West of the Seventh Meridian; thence easterly along the south­ erly boundary of said Fractional Section 32 to the southeast corner of the West 1/2 of said Frac­ tional Section 32; thence northerly along the easterly boundary of the West 1/2 of said Fractional Section 32 to the northeast corner thereof; thence due North a distance of 402.4 metres; thence due East a distance of402.4 metres; thence due North a distance of 201.2 metres; thence due East to the westerly boundary of the Southwest 1/4 of Section 4, Township 4, Range 4, West of Seventh Meridian; thence northerly along the westerly boundary of the Southwest 1/4 of Section 4 to the northwest corner thereof; thence easterly along the northerly boundary of said Southwest 1/4 of Section 4, a distance of 402.4 metres; thence due North a distance of 402.4 metres;