200_2010 — Environmental Protection and Management Regulation

1

Definitions and Application

s. 1 — Definitions

s. 1(1)

In this regulation:

s. 1(1) — Act

Act means the Energy Resource Activities Act;

s. 1(1) — biogeoclimatic subzone

biogeoclimatic subzone means a biogeoclimatic subzone as described in the Ministry of Forests and Range publication, Biogeoclimatic Ecosystem Classification Codes and Names, as amended from time to time;

s. 1(1) — biogeoclimatic zone

biogeoclimatic zone means a biogeoclimatic zone as described in the Ministry of Forests and Range publication, Biogeoclimatic Ecosystem Classification Codes and Names, as amended from time to time;

s. 1(1) — crossing

crossing used in relation to a wetland or lake, includes crossing a portion of the wetland or lake to provide access to an operating area within the wetland or lake;

s. 1(1) — deep groundwater

deep groundwater has the same meaning as in section 51 of the Water Sustainability Regulation;

s. 1(1) — enclosed upland

enclosed upland means a contiguous area, wholly contained within a wetland, that supports a drier biogeoclimatic plant community or forest than does the wetland;

s. 1(1) — energy resource activity

energy resource activity, in sections 9 and 20, does not include the diversion and use of water from a water source well unless the activity is the diversion and use of deep groundwater under the Water Sustainability Act;

s. 1(1) — facility area

facility area means an area within which a person carrying out an energy resource activity has located or intends to locate one or more facilities;

s. 1(1) — fish habitat

fish habitat means wildlife habitat in or about a fish stream, including but not limited to spawning grounds and nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly to survive and carry out their life processes;

s. 1(1) — fish stream

fish stream means a stream that

s. 1(1)(a)

is frequented by any of the following species of fish:

s. 1(1)(a)(i)

anadromous salmonids;

s. 1(1)(a)(ii)

rainbow trout, cutthroat trout, brown trout, bull trout, Dolly Varden char, lake trout, brook trout, kokanee, largemouth bass, smallmouth bass, mountain whitefish, lake whitefish, arctic grayling, burbot, white sturgeon, black crappie, yellow perch, walleye or northern pike;

s. 1(1)(a)(iii)

a species identified as a species at risk by an order under section 29 (a);

s. 1(1)(a)(iv)

a species identified as regionally important wildlife by an order under section 29 (b), or

s. 1(1)(b)

has a slope gradient of less than 20%, unless the watercourse

s. 1(1)(b)(i)

does not contain any of the species of fish referred to in paragraph (a),

s. 1(1)(b)(ii)

is located upstream of a natural barrier to fish passage and all reaches upstream of the barrier are simultaneously dry at any time during the year, or

s. 1(1)(b)(iii)

is located upstream of a natural barrier to fish passage and no perennial fish habitat exists upstream of the barrier;

s. 1(1) — groundwater capture zone

groundwater capture zone means an area of land that

s. 1(1)(a)

contributes groundwater to a water supply well that is part of a water supply system under the Drinking Water Protection Act, and

s. 1(1)(b)

is identified as a groundwater capture zone

s. 1(1)(b)(i)

in the Integrated Land and Resource Registry, maintained under section 7.2 of the Land Act, or

s. 1(1)(b)(ii)

in the Land and Resource Data Warehouse maintained by the minister responsible for the Land Act;

s. 1(1) — identified aquifer

identified aquifer means an aquifer identified in an order under section 34 (a);

s. 1(1) — identified groundwater recharge area

identified groundwater recharge area means a groundwater recharge area identified in an order under section 34 (b);

s. 1(1) — natural range barrier

natural range barrier means a river, rock face or any other naturally occurring feature that stops or significantly impedes livestock movement to and from an adjacent area that is identified as a natural range barrier

s. 1(1)(i)

in the Integrated Land and Resource Registry, maintained under section 7.2 of the Land Act, or

s. 1(1)(ii)

in the Land and Resource Data Warehouse maintained by the minister responsible for the Land Act;

s. 1(1) — pipeline corridor

pipeline corridor means the area identified in a permit within which a pipeline may be constructed;

s. 1(1) — riparian management area

riparian management area means an area that consists of a riparian management zone and a riparian reserve zone;

s. 1(1) — road right of way

road right of way has the same meaning as in the Energy Resource Road Regulation;

s. 1(1) — seismic line

seismic line means the area within which the trees are removed or the vegetation is modified for the purposes of carrying out geophysical exploration, and includes any associated access trails and equipment staging areas;

s. 1(1) — stream channel

stream channel means the bed of a stream and the banks of a stream, whether above or below the natural boundary and whether usually containing water or not, including all side channels;

s. 1(1) — water supply well

water supply well has the same meaning as in section 1 (1) of the Groundwater Protection Regulation, but does not include a water source well;

s. 1(1) — waterworks

waterworks means a water supply intake, water storage reservoir, whether natural or manmade, water diversion structure or water supply system, if the intake, reservoir, structure or system

s. 1(1)(a)

is either

s. 1(1)(a)(i)

licensed or the subject of an approval for short-term use under the Water Sustainability Act, or

s. 1(1)(a)(ii)

a domestic water system, as defined in the Drinking Water Protection Act, and

s. 1(1)(b)

is identified

s. 1(1)(b)(i)

in the Integrated Land and Resource Registry, maintained under section 7.2 of the Land Act, or

s. 1(1)(b)(ii)

in the Land and Resource Data Warehouse maintained by the minister responsible for the Land Act;

s. 1(1) — wellsite

wellsite means an area within which a person carrying out an energy resource activity has located or intends to locate one or more wells and facilities;

s. 1(1) — wildlife tree retention area

wildlife tree retention area has the same meaning as in section 1 (1) of the Forest Planning and Practices Regulation, B.C. Reg. 14/2004.

s. 1(2)

In the Act and this regulation:

s. 1(2) — aquifer

aquifer means

s. 1(2)(a)

a geological formation,

s. 1(2)(b)

a group of geological formations, or

s. 1(2)(c)

a part of one or more geological formations that contains water with up to 4 000 milligrams per litre of total dissolved solids and is capable of storing, transmitting and yielding that water;

s. 1(2) — biodiversity

biodiversity means the biological diversity of plants, animals and other living organisms in all their forms and levels of organization, including the biological diversity of genes, species and ecosystems;

s. 1(2) — cultural heritage resource

cultural heritage resource means an object, a site or the location of a traditional societal practice that

s. 1(2)(a)

for non-treaty areas,

s. 1(2)(a)(i)

is of historical, cultural or archaeological significance to an aboriginal people,

s. 1(2)(a)(ii)

is the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and

s. 1(2)(a)(iii)

is not regulated under the Heritage Conservation Act, and

s. 1(2)(b)

for treaty areas

s. 1(2)(b)(i)

is subject to a treaty right, and

s. 1(2)(b)(ii)

is not regulated under the Heritage Conservation Act;

s. 1(2) — designated watershed

designated watershed means a designated watershed established in an order under section 35;

s. 1(2) — fisheries sensitive watershed

fisheries sensitive watershed means a fisheries sensitive watershed established in an order under section 27;

s. 1(2) — invasive plant

invasive plant means a species of plant identified in an order under section 33;

s. 1(2) — resource feature

resource feature means a resource feature identified under section 25;

s. 1(2) — stream

stream means a watercourse, including a watercourse that is obscured by overhanging or bridging vegetation or soil mats, that contains water on a perennial or seasonal basis, is scoured by water or contains observable deposits of mineral alluvium, and that

s. 1(2)(a)

has a continuous channel bed that is 100 m or more in length, or

s. 1(2)(b)

flows directly into

s. 1(2)(b)(i)

a fish stream or a fish-bearing lake or wetland, or

s. 1(2)(b)(ii)

a waterworks;

s. 1(2) — temperature sensitive stream

temperature sensitive stream means a temperature sensitive stream identified in an order under section 28;

s. 1(2) — ungulate winter range

ungulate winter range means an ungulate winter range established in an order under section 31;

s. 1(2) — wetland

wetland means a swamp, marsh, bog, fen or other similar area that supports natural vegetation that is distinct from adjacent upland areas or enclosed uplands;

s. 1(2) — wildlife

wildlife means and includes all stages of development of the vertebrates, invertebrates, plants or lichens;

s. 1(2)(a)

vertebrates that are mammals, birds, fish, reptiles or amphibians,

s. 1(2)(b)

invertebrates,

s. 1(2)(c)

plants, and

s. 1(2)(d)

lichens

s. 1(2) — wildlife habitat

wildlife habitat means the physical and biological components and characteristics of the environment, including air, soil, water, food and cover, on which wildlife depend directly or indirectly to survive and carry out their life processes;

s. 1(2) — wildlife habitat area

wildlife habitat area means a wildlife habitat area established in an order under section 30;

s. 1(2) — wildlife habitat feature

wildlife habitat feature means a wildlife habitat feature identified in an order under section 26.

s. 2 — Application

This regulation applies only to Crown land and does not apply to subsurface energy resource activities associated with an operating area.

s. 3 — Measuring distances

In this regulation, a reference to distance is a reference to the slope distance.

2

Permit Considerations and Directions

1

Government's Environmental Objectives

s. 4 — Water

s. 4(1)

In this section, wellsite does not include the site of a water source well unless the water source well is being used under the Water Sustainability Act for the diversion of deep groundwater.

s. 4(2)

The following objectives with respect to water quality, quantity and timing of flow are prescribed for the purposes of the definition of "government's environmental objectives" in section 1 (2) of the Act: unless the operating area will not have a material adverse effect on the quality and quantity of water and the natural timing of water flow.

s. 4(2)(a)

that wellsites, facility areas, road right of way and pipeline corridors not be located within unless

s. 4(2)(a)(i)

100 m of where water is diverted by a waterworks or stored in a water storage reservoir, or

s. 4(2)(a)(ii)

100 m of where water is diverted by a water supply well or the groundwater capture zone for the water supply well, whichever is greater,

s. 4(2)(a)(iii)

any adverse effects on the waterworks, water supply well, water storage reservoir or groundwater capture zone can be effectively mitigated, or

s. 4(2)(a)(iv)

the person proposing to locate the operating area is the holder of the authorization for the waterworks, water supply well or water storage reservoir;

s. 4(2)(b)

that operating areas not be located

s. 4(2)(b)(i)

within an identified groundwater recharge area,

s. 4(2)(b)(ii)

within a designated watershed, or

s. 4(2)(b)(iii)

on top of an identified aquifer

s. 5 — Riparian values

The following objectives with respect to riparian values are prescribed for the purposes of the definition of "government's environmental objectives" in section 1 (2) of the Act:

s. 5(a)

that operating areas not be located within any of the following:

s. 5(a)(i)

a stream, except to facilitate the crossing of the stream;

s. 5(a)(ii)

a lake, except to facilitate

s. 5(a)(ii)(A)

the crossing of the lake, or

s. 5(a)(ii)(B)

geophysical exploration on lakes that are frozen to the bottom;

s. 5(a)(iii)

a wetland with a riparian class of W2, except to facilitate the crossing of the wetland;

s. 5(a)(iv)

an enclosed upland within a wetland, unless

s. 5(a)(iv)(A)

the wetland has a riparian class of W1 or W3,

s. 5(a)(iv)(B)

the enclosed upland is greater than 5 ha, and

s. 5(a)(iv)(C)

it is not practicable to locate the operating area elsewhere;

s. 5(a)(v)

a riparian reserve zone except to facilitate a crossing of the applicable stream, wetland or lake;

s. 5(a)(vi)

except to facilitate a crossing, a riparian management zone, unless an operating area will not have a material adverse effect on the ability of the riparian management zone to

s. 5(a)(vi)(A)

conserve the fish habitat, wildlife habitat, biodiversity and the water values of the riparian management zone, and

s. 5(a)(vi)(B)

protect the riparian reserve zone, if any, and

s. 5(b)

that sufficient streamside trees and understory vegetation be retained to prevent the temperature of a temperature sensitive stream from increasing or decreasing to an extent that would have a material adverse impact on the fish in the stream.

s. 6 — Wildlife and wildlife habitat

The following objectives with respect to wildlife and wildlife habitat are prescribed for the purposes of the definition of "government's environmental objectives" in section 1 (2) of the Act:

s. 6(a)

that operating areas not be located within any of the following:

s. 6(a)(i)

a wildlife habitat area, unless an operating area will not have a material adverse effect on the ability of the wildlife habitat within the wildlife habitat area to provide for the survival, within the wildlife habitat area, of the wildlife species for which the wildlife habitat area was established;

s. 6(a)(ii)

an ungulate winter range, unless an operating area will not have a material adverse effect on the ability of the wildlife habitat within the ungulate winter range to provide for the survival, within the ungulate winter range, of the ungulate species for which the ungulate winter range was established;

s. 6(a)(iii)

a fisheries sensitive watershed, unless an operating area will not have a material adverse effect on the ability of the fisheries sensitive watershed to protect downstream fisheries and watershed values,

s. 6(b)

that energy resource activities on an operating area outside of a wildlife habitat area be carried out at a time and in a manner that does not result in physical disturbance to high priority wildlife or their habitat, including disturbance during sensitive seasons and critical life-cycle stages,

s. 6(c)

that no portion of an operating area be within a wildlife tree retention area, and

s. 6(d)

that energy resource activities not damage or render ineffective a wildlife habitat feature.

s. 7 — Old-growth management areas, resource features, cultural heritage resources

For the purposes of the definition of "government's environmental objectives" in section 1 (2) of the Act, the following objectives are prescribed:

s. 7(a)

that operating areas not be located within an old-growth management area unless it will not have a material adverse effect on the old seral stage forest representation within that area;

s. 7(b)

that energy resource activities not damage or render ineffective a resource feature;

s. 7(c)

that energy resource activities conserve or, if necessary, protect cultural heritage resources.

2

Criterion for Amendments and Extensions

s. 8 — Criterion

In deciding whether to amend a permit under section 31 (7) of the Act or grant an extension under section 32 (5) of the Act, the regulator must consider whether the amendment or extension, as applicable, is consistent with the government's environmental objectives set out in Division 1 of this Part.

3

Environmental Protection and Management Requirements

0.1

Application

s. 8.1 — Master licence to cut

This Part also applies to a holder of a master licence to cut, as defined in section 47.4 (1) of the Forest Act, as though harvesting timber under the master licence to cut is, for the purposes of sections 9 to 17 and 19 to 21 of this regulation, carrying out an energy resource activity.

1

Operating Areas

s. 9 — Water quality

s. 9(1)

Subject to subsection (2), a person who is carrying out an energy resource activity on an operating area that contains a waterworks or water supply well must ensure that the energy resource activity does not cause a material adverse effect on the quality, quantity or flow of the water to the waterworks or water supply well.

s. 9(2)

A person is not prohibited from carrying out an energy resource activity under subsection (1) if

s. 9(2)(a)

it is not practicable to comply with subsection (1),

s. 9(2)(b)

the adverse effect is minimized, and

s. 9(2)(c)

the person

s. 9(2)(c)(i)

gives notice to the owner or user of the waterworks or water supply well at least 72 hours before adversely affecting the water supply, and

s. 9(2)(c)(ii)

for the period in which the water supply will be adversely affected, provides the owner or user of the waterworks or water supply well with an alternate supply of water of equal or better quality.

s. 10 — Aquifers

A person carrying out an energy resource activity on an operating area on top of an aquifer must ensure that the activity does not cause a material adverse effect on the quality, quantity or natural timing of flow of water in the aquifer.

s. 11 — Crossings of streams, wetlands and lakes

A person who carries out an energy resource activity on an operating area must, for each crossing of a stream, wetland and lake, ensure all of the following:

s. 11(a)

the crossing is constructed and maintained at times and in a manner that is unlikely to harm fish or destroy, damage or harmfully alter fish habitat;

s. 11(b)

the crossing does not

s. 11(b)(i)

prevent the movement of fish, nor

s. 11(b)(ii)

impede the movement of fish to the extent that it is harmful to the survival of the fish;

s. 11(c)

the side of the stream, wetland or lake is protected at the crossing;

s. 11(d)

any disturbance to the stream channel and stream bank, wetland, or lake bottom, as applicable, is mitigated.

s. 12 — No deleterious materials into streams, wetlands or lakes

A person who carries out an energy resource activity on an operating area must ensure that the energy resource activity does not result in any deleterious materials being deposited into a stream, wetland or lake.

s. 13 — Operations within wetlands

A person carrying out an energy resource activity in a wetland must, to the extent practicable, maintain natural flow of water in the wetland.

s. 14 — Natural range barriers

If a person carrying out an energy resource activity on an operating area causes the removal or the rendering ineffective of a natural range barrier, the person must, before livestock is turned out on the area, or, if turnout has occurred, as soon as practicable, construct a replacement barrier that is at least as effective as the one removed or rendered ineffective was before the removal or rendering ineffective.

s. 15 — Invasive plants

A person carrying out an energy resource activity on an operating area must

s. 15(a)

make reasonable efforts to ensure that seed, plant parts or propagules of an invasive plant are not transported into the area while carrying out the energy resource activities,

s. 15(b)

to prevent invasive plants from becoming established, revegetate areas disturbed by the energy resource activity using seed of ecologically suitable species as soon as practicable after the disturbance, and

s. 15(c)

if on a well site or a facility area, ensure that invasive plants do not become established on the wellsite or facility area.

s. 16 — Forest health

A person carrying out an energy resource activity on an operating area that is occupied by insects harmful to forest health must not create conditions for the spread of the insects.

s. 17 — Conserving soil

A person carrying out an energy resource activity that disturbs the surface of an operating area must

s. 17(a)

not cause the soil of the area to become unstable, and

s. 17(b)

minimize any alteration to the natural surface drainage patterns on the area.

s. 18 — Seismic lines

s. 18(1)

A person constructing a seismic line on an enclosed upland must, to the extent practicable, construct a cut line that

s. 18(1)(a)

is a maximum of 3.0 metres in width,

s. 18(1)(b)

avoids large standing trees, and

s. 18(1)(c)

leaves the soil and ground cover generally undisturbed.

s. 18(2)

A person constructing a seismic line within a riparian reserve zone must

s. 18(2)(a)

construct a cut line as described in subsection (1), and

s. 18(2)(b)

to the extent practicable, retain forest cover and mature trees.

s. 18(3)

A person constructing a seismic line must not damage or render ineffective a wildlife habitat feature or a resource feature.

s. 19 — Areas to be restored

s. 19(1)

A person who carried out an energy resource activity on an operating area and who no longer intends to do so must, as soon as practicable, restore the operating area by doing the following:

s. 19(1)(a)

de-compacting any soils compacted by the energy resource activity;

s. 19(1)(b)

redistributing any retrievable surface soils that were removed from the operating area during construction so that the soil structure is restored, to the extent practicable, to its condition before the energy resource activity was begun;

s. 19(1)(c)

if the natural surface drainage pattern was altered by the carrying out of the energy resource activity, restoring, to the extent practicable, the drainage pattern to its condition before the alteration;

s. 19(1)(d)

re-vegetating any exposed soil on the operating area using seed or vegetative propagules of an ecologically suitable species that

s. 19(1)(d)(i)

promote the restoration of the wildlife habitat that existed on the area before the energy resource activity was begun, and

s. 19(1)(d)(ii)

stabilize the soil if it is highly susceptible to erosion;

s. 19(1)(e)

removing any structure that was constructed to cross a stream, wetland or lake and ensuring that the site of the structure is in a stable condition;

s. 19(1)(f)

stabilizing any cut slopes or fill slopes in wellsites and facility areas;

s. 19(1)(g)

re-contouring bladed areas or excavations in pipeline corridors and seismic lines.

s. 19(2)

Sections 9 to 18 and 20 apply to a person restoring an operating area under subsection (1) of this section as though the person were carrying out an energy resource activity on the operating area.

s. 19(3)

Subsection (1) (a) and (b) does not apply to an operating area that is a road right of way.

2

Adjacent Areas

s. 20 — Water quality

s. 20(1)

Subject to subsection (2), a person who is carrying out an energy resource activity on an operating area must ensure that the energy resource activity does not cause a material adverse effect on the quality, quantity or timing of flow of water to a waterworks or a water supply well located on an adjacent area.

s. 20(2)

A person is not prohibited from carrying out an energy resource activity under subsection (1) if

s. 20(2)(a)

it is not practicable to comply with subsection (1),

s. 20(2)(b)

the adverse effect is minimized, and

s. 20(2)(c)

the person

s. 20(2)(c)(i)

gives notice to the owner or user of the waterworks or water supply well at least 72 hours before adversely affecting the water supply, and

s. 20(2)(c)(ii)

for the period in which the water supply will be adversely affected, provides the owner or user of the waterworks or water supply well with an alternate supply of water of equal or better quality.

3

Exemptions

s. 21 — Exemptions by regulator

The regulator may exempt a person or a class of persons from one or more of the requirements of Divisions 1 and 2 of this Part if satisfied that, in the circumstances, it is not reasonably practicable for the person to comply with the requirement.

4

Classification, Identification and Establishment

1

Riparian Classification

s. 22 — Stream riparian classes

s. 22(1)

In this section, active flood plain means the level area with alluvial soils, adjacent to streams, that is flooded by stream water on a periodic basis and is at the same elevation as areas showing evidence of

s. 22(1)(a)

flood channels free of terrestrial vegetation,

s. 22(1)(b)

rafted debris or fluvial sediments, recently deposited on the surface of the forest floor or suspended on trees or vegetation, or

s. 22(1)(c)

recent scarring of trees by material moved by flood waters.

s. 22(2)

A stream that is a fish stream or is located in a community watershed has the following riparian class:

s. 22(2)(a)

S1A, if the stream averages, over a one km length, either a stream width or an active flood plain width of 100 m or greater;

s. 22(2)(b)

S1B, if the stream width is greater than 20 m but the stream does not have a riparian class of S1A;

s. 22(2)(c)

S2, if the stream width is not less than 5 m but not more than 20 m;

s. 22(2)(d)

S3, if the stream width is not less than 1.5 m but is less than 5 m;

s. 22(2)(e)

S4, if the stream width is less than 1.5 m.

s. 22(3)

A stream that is not a fish stream and is located outside of a community watershed has the following riparian class:

s. 22(3)(a)

S5, if the stream width is greater than 3 m;

s. 22(3)(b)

S6, if the stream width is 3 m or less.

s. 22(4)

Subject to subsection (5), for each riparian class of stream, the minimum riparian management area width, riparian reserve zone width and riparian management zone width, on each side of the stream, are as follows:

s. 22(5)

If the width of the active flood plain of a stream exceeds the specified width for the riparian management zone, the width of the riparian management zone is the outer edge of the active flood plain.

s. 22(6)

The riparian reserve zone for a stream begins at the edge of the stream channel bank and extends to the width described in subsection (4).

s. 22(7)

The riparian management zone for a stream begins at and extends to the width described in subsection (4).

s. 22(7)(a)

the outer edge of the riparian reserve zone, or

s. 22(7)(b)

if there is no riparian reserve zone, the edge of the stream channel bank,

s. 23 — Wetland riparian classes

s. 23(1)

Wetlands have the following riparian classes:

s. 23(1)(a)

W1, if the wetland is greater than 5 ha in size but is not a wetland with a riparian class of W3;

s. 23(1)(b)

W2, if the wetland is not less than 0.25 ha but not more than 5 ha in size;

s. 23(1)(c)

W3, if the wetland is greater than 1 000 ha in size and located in the BWBSmw1 or BWBSmw2 biogeoclimatic subzone.

s. 23(2)

For each riparian class of wetland, the minimum riparian management area width, riparian reserve zone width and riparian management zone width for the wetland are as follows:

s. 23(3)

The riparian management area for a wetland begins at the edge of the wetland and extends to the width described in subsection (2).

s. 23(4)

The size of a wetland includes any enclosed upland area encompassed by the wetland.

s. 23(5)

For greater certainty, the edge of a wetland, referred to in subsection (3), does not include the boundary between the wetland and any enclosed upland referred to in subsection (4).

s. 24 — Lake riparian classes

s. 24(1)

Lakes have the following riparian classes:

s. 24(1)(a)

L1-A, if the lake is 1 000 ha or greater in size;

s. 24(1)(b)

L1-B, if the lake is greater than 5 ha but less than 1 000 ha in size;

s. 24(1)(c)

L2, if the lake is not less than 1 ha and not more than 5 ha in size and is located in a biogeoclimatic zones or subzone that is

s. 24(1)(c)(i)

Ponderosa Pine,

s. 24(1)(c)(ii)

Bunch Grass,

s. 24(1)(c)(iii)

Interior Douglas-fir, very dry hot, very dry warm or very dry mild,

s. 24(1)(c)(iv)

Coastal Douglas-fir, or

s. 24(1)(c)(v)

Coastal Western Hemlock, very dry maritime, dry maritime or dry submaritime;

s. 24(1)(d)

L3, if the lake is not less than 1 ha and not more than 5 ha in size and is in a biogeoclimatic zone or subzone other than one referred to in paragraph (c);

s. 24(1)(e)

L4, if the lake is

s. 24(1)(e)(i)

not less than 0.25 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (i), (ii) or (iii), or

s. 24(1)(e)(ii)

not less than 0.5 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (iv) or (v).

s. 24(2)

For each riparian class of lake, the minimum riparian management area width, riparian reserve zone width and riparian management zone width are as follows:

s. 24(3)

The riparian reserve zone for a lake begins at the edge of the lake and extends to the width described in subsection (2).

s. 24(4)

The riparian management zone for a lake begins at and extends to the width described in subsection (2).

s. 24(4)(a)

the outer edge of the riparian reserve zone, or

s. 24(4)(b)

if there is no riparian reserve zone, the edge of the lake,

2

Identification and Establishment

s. 25 — Resource features identified

Each of the following is a resource feature:

s. 25(a)

a surface or subsurface element of a karst system;

s. 25(b)

a range development as defined under the Forest and Range Practices Act;

s. 25(c)

Crown land used for research or experimental purposes;

s. 25(d)

a permanent sample site used as a snow course by or on behalf of the federal or Provincial government for the purpose of measuring the water content of the snow pack on a given area;

s. 25(e)

a recreation site, recreation trail, trail-based recreation area or interpretive forest site established or continued under the Forest and Range Practices Act;

s. 25(f)

a trail or other recreation facility that is authorized under the Forest and Range Practices Act;

s. 25(g)

a recreation feature identified under the Forest and Range Practices Act.

s. 26 — Wildlife habitat features identified

s. 26(1)

The minister responsible for administering the Wildlife Act, by order, may identify any or all of the following as a wildlife habitat feature:

s. 26(1)(a)

a fisheries sensitive feature;

s. 26(1)(b)

a marine sensitive feature;

s. 26(1)(c)

a significant mineral lick or wallow;

s. 26(1)(d)

a nest of

s. 26(1)(d)(i)

a bald eagle,

s. 26(1)(d)(ii)

an osprey,

s. 26(1)(d)(iii)

a great blue heron, or

s. 26(1)(d)(iv)

a category of species at risk that is limited to birds;

s. 26(1)(e)

any other localized feature that the minister responsible for the Wildlife Act considers to be a wildlife habitat feature.

s. 26(2)

Identification of a wildlife habitat feature under subsection (1) may be by category or type and may be restricted to a specified geographic location.

s. 27 — Fisheries sensitive watersheds established

The minister responsible for administering the Wildlife Act, by order, may establish a fisheries sensitive watershed in a watershed that has significant downstream fisheries values, significant fisheries values and significant watershed sensitivity if satisfied that the area requires special management to protect fish by

s. 27(a)

conserving

s. 27(a)(i)

the natural hydrological conditions, natural stream bed dynamics and stream channel integrity, and

s. 27(a)(ii)

the quality, quantity and timing of water flow, or

s. 27(b)

preventing cumulative hydrological effects that would have a material adverse effect on fish.

s. 28 — Temperature sensitive streams

The minister responsible for the Wildlife Act, by order, may identify a portion of a fish stream as a temperature sensitive stream if satisfied that trees are required adjacent to the stream to manage the temperature of the designated portion for the protection of fish.

s. 29 — Categories of species of wildlife established

The minister responsible for administering the Wildlife Act, by order, may do any or all of the following:

s. 29(a)

establish one or more categories identifying species of wildlife as species at risk;

s. 29(b)

establish one or more categories identifying species of wildlife as regionally important wildlife;

s. 29(c)

establish one or more categories identifying ungulate species for which an ungulate winter range may be established.

s. 30 — Wildlife habitat areas established

The minister responsible for administering the Wildlife Act, by order, may establish an area as a wildlife habitat area, if satisfied that the area is necessary to meet the habitat requirements of a category of species at risk or regionally important wildlife.

s. 31 — Ungulate winter ranges established

The minister responsible for administering the Wildlife Act, by order, may establish an area as an ungulate winter range, if satisfied that the area contains habitat necessary to meet the habitat requirements of a category of ungulate species.

s. 32 — Old-growth management areas established

The minister responsible for administering the Land Act by order may establish one or more areas as an old-growth management area for the purpose of providing old seral stage forest representation.

s. 33 — Invasive plants identified

The minister responsible for administering the Land Act, by order, may establish one or more species of plants as invasive plants.

s. 34 — Aquifers and groundwater recharge areas identified

The minister responsible for administering the Water Sustainability Act, by order, may identify

s. 34(a)

an aquifer, and

s. 34(b)

a groundwater recharge area.

s. 35 — Designated watersheds established

The minister responsible for administering the Water Sustainability Act, by order, may establish a watershed or a portion of a watershed, including a community watershed or a portion of a community watershed, as a designated watershed, if the minister is satisfied that the watershed or portion of the watershed requires special management to protect

s. 35(a)

the quality or quantity of water, or

s. 35(b)

the timing of flow of water.

s. 36 — Review and comment

s. 36(1)

Subject to subsection (2), a minister, before making an order under sections 26, 29 or 33, must provide an opportunity for review and comment to organizations that the minister considers representative of holders of leases and licences entered into under the Petroleum and Natural Gas Act that may be affected by the order.

s. 36(2)

Subsection (1) does not apply to the following:

s. 36(2)(a)

an order under section 26 identifying a wildlife habitat feature if, before the coming into force of this section, the wildlife habitat feature was identified in an order under the Government Actions Regulation, B.C. Reg. 582/2004;

s. 36(2)(b)

an order under section 29 establishing a species category if, before the coming into force of this section, the species category had been established as a species category by an order under the Government Actions Regulation, B.C. Reg. 582/2004;

s. 36(2)(c)

an order under section 33 identifying a species of plant as an invasive plant if, before the coming into force of this section, the species of plant was identified as an invasive plant in Schedule A of the Weed Control Regulation, B.C. Reg. 66/85.

s. 37 — Notice and consultation

s. 37(1)

Subject to subsection (2), a minister, before making an order under any of sections 27, 28, 30 to 32, 34 or 35 must

s. 37(1)(a)

provide notice of the proposed order to

s. 37(1)(a)(i)

organizations that the minister considers representative of persons who that will be affected by the order, and

s. 37(1)(a)(i)(A)

conduct geophysical exploration, or

s. 37(1)(a)(i)(B)

construct pipelines but who do not hold an associated drilling licence or lease,

s. 37(1)(a)(ii)

holders of leases or drilling licences under the Petroleum and Natural Gas Act that will be affected by the order, and

s. 37(1)(b)

consult with persons referred to in paragraph (a) if the order may have a material adverse effect on that person.

s. 37(2)

Subsection (1) does not apply to the following:

s. 37(2)(a)

an order under section 27 establishing a fisheries sensitive watershed if, before the coming into force of this section, the fisheries sensitive watershed was identified under the Government Actions Regulation, B.C. Reg. 582/2004;

s. 37(2)(b)

an order under section 28 identifying a stream as a temperature sensitive stream if, before the coming into force of this section, the temperature sensitive stream was identified under the Government Actions Regulation, B.C. Reg. 582/2004;

s. 37(2)(c)

an order under section 30 establishing a wildlife habitat area if, before the coming into force of this section, the wildlife habitat area was

s. 37(2)(c)(i)

continued under section 180 (b) of the Forest and Range Practices Act, or

s. 37(2)(c)(ii)

designated under the Government Actions Regulation, B.C. Reg. 582/2004;

s. 37(2)(d)

an order under section 31 establishing an ungulate winter range if, before the coming into force of this section, the ungulate winter range was

s. 37(2)(d)(i)

continued under section 180 (a) of the Forest and Range Practices Act, or

s. 37(2)(d)(ii)

designated under the Government Actions Regulation, B.C. Reg. 582/2004;

s. 37(2)(e)

an order under section 32 establishing an old-growth management area if, before the coming into force of this section, the area is spatially defined and subject to a spatial old-growth management objective that is

s. 37(2)(e)(i)

continued under section 93.8 of the Land Act, or

s. 37(2)(e)(ii)

established under the Land Use Objectives Regulation, B.C. Reg. 357/2005;

s. 37(2)(f)

an order under section 35 establishing a watershed or portion of a watershed as a designated watershed that is a community watershed if, before the coming into force of this section, the community watershed was

s. 37(2)(f)(i)

established under section 41 (8) to (13) of the Forest Practices Code of British Columbia Act,

s. 37(2)(f)(ii)

continued under section 180 (e) of the Forest and Range Practices Act, or

s. 37(2)(f)(iii)

designated under the Government Actions Regulation, B.C. Reg. 582/2004.

s. 38 — Orders take effect

An order made under section 26 to 35

s. 38(a)

comes into force on the date that notice of the order is published in the Gazette, and

s. 38(b)

does not apply to

s. 38(b)(i)

energy resource activities permitted by a permit issued before the order comes into force, or

s. 38(b)(ii)

an application for a permit under section 25, 31 or 32 of the Act if the application was submitted to the regulator before the order comes into force.

3

Delegation

s. 39 — Ministers may delegate

s. 39(1)

Each of the ministers responsible for administering the Wildlife Act, the Water Sustainability Act and the Land Act, respectively, may, in writing, do one or more of the following:

s. 39(1)(a)

delegate a power or duty of that minister under Division 2 to one or more of the following:

s. 39(1)(a)(i)

another minister;

s. 39(1)(a)(ii)

a person or class of persons employed under the Public Service Act;

s. 39(1)(a)(iii)

an official;

s. 39(1)(b)

vary or revoke a delegation.

s. 39(2)

A delegation under subsection (1) may be made generally or in relation to one or more of the following:

s. 39(2)(a)

particular circumstances;

s. 39(2)(b)

particular periods;

s. 39(2)(c)

particular geographic areas;

s. 39(2)(d)

particular persons or classes of persons.