"resource use permit" means a licence, issued under this Act, authorizing an activity or course of behaviour or conduct or the occupancy, use, development, exploitation or extraction of a natural resource on or in a recreation area.
2	(1) This Act is subject to the Environment and Land Use Act, the Environmental Assessment Act, the Muskwa-Kechika Management Area Act, the Wildfire Act, except section 18 of that Act, and the Environmental Management Act, but otherwise, except as provided in this Act, this Act and the regulations are not subject to any other Act or regulation, whenever made, and a minister, ministry of government or agent of the Crown must not exercise any power granted under any other Act or regulation except in accordance with this Act and the regulations.
(2) A bylaw or regulation of a municipality or regional district, or any provision of it, that is, in any manner, in conflict with, inconsistent with or repugnant to this Act or the regulations, is suspended and of no effect to the extent of the conflict, inconsistency or repugnancy.
(3) The Heritage Conservation Act applies in parks, conservancies and recreation areas.
(4) Subject to the regulations made under this Act, the Wildlife Act applies on any land, trail, path or waterway comprised in an order under section 6 (1) and in parks, conservancies and recreation areas.
(f) all other matters under this Act.
(2) The minister has, subject to an order under section 6, jurisdiction over and must manage and administer land or a trail, path or waterway comprised in an order under that section.
4 (1) The minister may appoint one or more directors and other officers and employees under the Public Service Act to assist the minister in the performance of duties and the exercise of powers under this Act.
(2) The minister may appoint persons, or persons within a class of persons, to be park rangers.
(b) this Act, the regulations and other prescribed enactments within parks, conservancies, recreation areas and any land, trail, path or waterway comprised in an order under section 6 (1).
(b) make the appointment subject to terms and conditions.
(e) any other person or persons.
land to which section 3 or 6 applies, and in respect of other topics relating to the management of matters and things referred to in section 3 or 6.
(2) An agreement entered into under subsection (1) is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
(c) a person authorized by a band referred to in paragraph (a) or a legal entity referred to in paragraph (b).
and declare the name by which the park, conservancy, recreation area or designated wildland area is to be known.
(b) will be not less than 10 000 000 hectares by January 1, 2000.
(3) The Class A parks named and described in Schedules C and D of the Protected Areas of British Columbia Act are dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public.
(d) to ensure that development or use of their natural resources occurs in a sustainable manner consistent with the purposes of paragraphs (a), (b) and (c).
(5) The Lieutenant Governor in Council may, by order, extend the boundaries of any park, or consolidate 2 or more of the parks, referred to in subsection (3).
(6) Except as permitted by subsection (5), the boundaries of a park referred to in subsection (3) must not be affected except by an Act of the Legislature.
(7) The Lieutenant Governor in Council, by order, may extend the boundaries of any conservancy, or consolidate 2 or more of the conservancies, established or continued under the Protected Areas of British Columbia Act.
(8) Except as permitted under subsection (7), the boundaries of a conservancy established or continued under the Protected Areas of British Columbia Act must not be affected except by an Act of the Legislature.
the Lieutenant Governor in Council may, by order made under this and any other applicable Act, authorize the minister to manage and administer the land, or the trail, path or waterway, or the interest of the government in it.
(2) An order under subsection (1) that is also made under another Act must be consistent with that Act but, subject to that requirement, this Act applies to the land or to the trail, path or waterway to the extent specified in the order.
(c) divide an existing park, conservancy or recreation area into 2 or more parks, conservancies or recreation areas.
(2) Subsection (1) does not apply to a park or conservancy continued under the Protected Areas of British Columbia Act.
(b) kept on deposit in the Crown land registry referred to in section 7 of the Land Act.
(d) any combination of the means referred to in paragraphs (a) to (c).
(3) To the extent of any variance between the marked representation of the boundary on an official plan and the metes and bounds or other written descriptions on the official plan, the metes and bounds or other written descriptions prevail.
(4) Copies of official plans must be available for public inspection in the Crown land registry during regular business hours, and a person may obtain a copy of an official plan on payment of a fee prescribed under section 6 (3) of the Land Act.
(5) A copy of an official plan, that is certified by the Surveyor General to be a true copy, is admissible as evidence in a court without proof of the signature or official character of the Surveyor General.
7.2	An order of the Lieutenant Governor in Council under this Act establishing or modifying a park, conservancy, designated wildland area or recreation area must be published in the Gazette.
8 (1) An interest in land in a Class A or Class C park must not be granted, sold, leased, pre-empted or otherwise alienated or obtained or made the subject of a licence except as authorized by a valid and subsisting park use permit.
(2) A park use permit referred to in subsection (1) must not be issued unless, in the opinion of the minister, to do so is necessary to preserve or maintain the recreational values of the park involved.
(3) An interest in land in a Class B park must not be granted, sold, leased, pre-empted or otherwise alienated or obtained except as authorized by a valid and subsisting park use permit.
(4) A park use permit referred to in subsection (3) must not be issued unless, in the opinion of the minister, to do so is not detrimental to the recreational values of the park concerned.
(b) is reserved from lease or other disposal under the Land Act, except as may be approved by the minister.
(6) An interest in land in a conservancy must not be granted, sold, leased, pre-empted or otherwise alienated or made the subject of a licence except as authorized by a valid and subsisting park use permit.
9	(1) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a Class A or Class C park must not be granted, sold, removed, destroyed, damaged, disturbed or exploited except as authorized by a valid and subsisting park use permit.
(2) A park use permit referred to in subsection (1) must not be issued unless, in the opinion of the minister, it is necessary for the preservation or maintenance of the recreational values of the park involved.
(3) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a Class B park must not be granted, sold, removed, destroyed, damaged, disturbed or exploited except as authorized by a valid and subsisting park use permit.
(4) A park use permit referred to in subsection (3) must not be issued unless, in the opinion of the minister, to do so is not detrimental to the recreational values of the park involved.
(5) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a designated wildland area must not be granted, sold, removed, destroyed, damaged, disturbed or exploited.
(6) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a recreation area must not be granted, sold, removed, destroyed, disturbed or damaged, exploited, developed, improved or utilized under any Act except as may be approved by the minister.
(6.1) A natural resource, other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a conservancy must not be granted, sold, removed, destroyed, disturbed, damaged, exploited, developed, improved or utilized except as authorized by a valid and subsisting park use permit.
(7) A natural resource in a park of any class must not be granted, sold, removed, destroyed, disturbed, damaged or exploited unless, in the opinion of the minister, the development, improvement and use of the park in accordance with section 12 (3) will not be hindered by it.
(9) A natural resource in a conservancy must not be granted, sold, removed, destroyed, disturbed, damaged or exploited unless, in the opinion of the minister, the development, improvement and use of the conservancy in accordance with section 5 (3.1) will not be hindered by it.
(d) any other activity unless, in the opinion of the minister, the activity will not restrict, prevent or inhibit the development, improvement or use of the conservancy in accordance with section 5 (3.1).
(b) by communities, including first nation communities, that do not otherwise have access to hydro electric power.
9.1	Nothing in section 8 (2) or 9 (2) prevents the issuance of a park use permit for an activity related to resort or tourism development if, in the minister's opinion, the activity and the development are consistent with or complementary to the recreational values of the park involved.
9.2 Nothing in section 8 (2) or 9 (2) or (7) prevents the issuance of a park use permit for an activity related to film production, including commercial film production, if, in the minister's opinion, the activity is not detrimental to the recreational values of the park involved.
(b) in relation to a conservancy, the purposes specified in section 5 (3.1) (a), (b) and (c).
(d) the research will inform a decision of the Lieutenant Governor in Council or the Legislature in relation to the boundaries of the protected area.
10	(1) Every Class C park must be under the jurisdiction of a separate park board appointed by the minister.
(2) A park board consists of not less than 3 and not more than 7 members and, on appointment of its members, is a corporation.
(3) A park board must conduct its proceedings and manage, administer, regulate and control the park under its jurisdiction in accordance with this Act and the regulations.
(b) grant, convey or transfer to any person, in exchange for land, improvements, or timber acquired under paragraph (a), other land, timber or rights of the government.
(ii) described by section 60.92 of the Forest Act.
(2.1) An expropriation under subsection (2) (g) is effective on the date the park, conservancy or recreation area to which it relates is established or enlarged.
(c) in relation to a right referred to in subsection (2) (g), in accordance with section 60.92 of the Forest Act, as if the expropriation were the result of an order under section 60, 60.01, 60.2, 60.3 or 60.4 of that Act.
the portion of Crown land required is deleted from the applicable area under paragraph (a), (b), (c), (d), (d.1) or (e) effective on the date the park, conservancy or recreation area is established.
(2.4) The holder of a forest tenure affected by a deletion under subsection (2.3) is entitled to compensation in accordance with sections 60 to 60.4, 60.51 to 60.9 and 80.01 of the Forest Act.
"woodlot licence area" has the same meaning as in the Forest Act.
(f) category 6, if the park has 2 or more purposes.
(f) if the park is in category 6, directed and limited in accordance with a zoning plan, which must be prepared by the director, allocating various lands of a single park to 2 or more of the purposes enumerated in subsection (1).
(3) A person must not carry on, in any park, any activity that will restrict, prevent or inhibit the use of the park for its designated purpose.
13 A person must not construct, install, erect or place any structure, improvement or work of any nature in a park, conservancy or recreation area, except under the authority of a valid and subsisting park use permit or resource use permit.
14 A person must not transport any garbage, refuse or domestic or industrial waste through, over, in or on any park, conservancy or recreation area or deposit any of that material in or on any park, conservancy or recreation area, except as may be authorized by a valid and subsisting park use permit or resource use permit.
15 All timber cut on or removed from any park, conservancy or recreation area must be disposed of in accordance with the Forest Act.
(e) establish or carry on any work or improvement or any commercial or industrial activity or enterprise in a park, conservancy or recreation area.
(iii) the person's conduct and activities in the park, conservancy or recreation area.
(c) the certificate of a director is proof in the absence of evidence to the contrary of the indebtedness and the amount of the debt.
(b) acquire any lien on or in respect of, or any claim against any person or the government in respect of any work or expenditure done or incurred in connection with a natural resource, structure, improvement or work referred to in paragraph (a) (i) or (ii).
(2) The minister or an authorized representative of the minister may seize any natural resource, structure, improvement or work referred to in subsection (1) and sell or otherwise dispose of it for the sole benefit of the government.
20 (1) Subject to this Act and only on receiving the prescribed application and administration fees, the minister may issue a permit, on the terms and conditions the minister may specify, authorizing a person to do anything for which a permit is required under this Act.
(2) The minister may issue a permit under subsection (1) on receiving an application and with or without a public competition.
(3) The minister may require that, before a public competition is held in respect of the issuance of a permit or a decision is made whether to issue a permit, the public be provided with an opportunity to review details and provide comments to the minister in respect of the proposed permit.
(3.1) If the minister requires public consultation under subsection (3), the minister must publish in the prescribed manner details respecting the proposed permit, the period during which the minister will accept comments from the public and the address to which comments should be sent.
(b) when the amounts referred to in paragraph (a) must be paid.
(3.3) The minister, in a permit, may waive payment of amounts referred to in subsection (3.2).
(5) An application for a permit must be made in the form and manner approved by the minister.
(6) Before issuing a permit under this Act, the minister may require that the permit be signed by the person to whom the permit is proposed to be issued.
(b) the road is for the purpose of providing access to natural resources lying beyond the conservancy.
(ii) the prescribed fees for the permit.
22 Before issuing a park use permit or resource use permit, the minister or the minister's authorized agent may require the person to whom it is intended to issue the permit to pay to the government a sum that the minister or that agent considers sufficient to defray the cost of the restoration or repair of the park, conservancy or recreation area concerned necessitated by the use authorized by the permit.
23 A park use permit or resource use permit is not transferable except with the approval of the minister and subject to conditions the minister may determine.
24 Every right, title and interest in any structure, improvement or installation in a park, conservancy or recreation area belongs to the government except as otherwise provided by a park use permit or resource use permit.
25 A person or party must not be permitted to acquire any property right in any park, conservancy or recreation area except under a park use permit or resource use permit as provided for in regulations.
26 Lawful occupiers of improvements that are the property of the government in a park, conservancy or recreation area are exempt from taxes under any Act of British Columbia in respect of the improvements.
27 (1) The minister, on behalf of the government, may accept gifts or bequests of money or other property for purposes of parks, conservancies, recreation areas, ecological reserves or areas protected under the Environment and Land Use Act and administered by the minister.
(2) Funds accepted under subsection (1) must be used at the direction of the minister in accordance with the terms of the gift or bequest.
(3) Subject to the terms of a gift or bequest under subsection (1), the minister may dispose of property, other than land, accepted under that subsection.
28	(1) A person who contravenes any provision of this Act commits an offence and is liable to a fine of up to $1 000 000 or a term of imprisonment of not more than one year or both.
(2) A person who contravenes a regulation commits an offence and is liable to a fine of up to $200 000.
(3) When a contravention of the Act or regulations continues for more than one day, the person is guilty of a separate offence for each day on which the contravention continues.
(b) if the minister issues a certificate described in subsection (6), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
29	(1) In this section, "park" includes any land, trail, path or waterway comprised in an order under section 6 (1).
(k) respecting the conduct of proceedings of park boards for Class C parks and for the management, administration, regulation and control of Class C parks by those boards.
(4) A regulation under subsection (3) may be made in relation to one or more parks, conservancies or recreation areas or a class of parks, conservancies or recreation areas or be made specific to a particular portion of one or more parks, conservancies or recreation areas.
(5) A regulation under subsection (3) may prescribe different fees, rates or charges for different classes of persons and may exempt different classes of persons from paying one or more of the fees, rates or charges.
(d) establish the prices at which those products and services, and that advertising space, may be sold or otherwise disposed of.
(2) The minister may establish different prices for different classes of services or products, including advertising space, for different types of dispositions or for disposition to different classes of persons.
other than for a use that under this Act must be authorized by a park use permit or resource use permit.
(2) If the minister prescribes a range under subsection (1), the minister may establish by directive a fee, rate or charge for a use or service within the range prescribed for the use or service under subsection (1).
(c) for different classes of persons.
(b) for the purposes of exemptions under paragraph (a), confer a discretion on a park officer.
(b) whenever a particular fee, rate or charge is changed.
"Schedule D park" means a park referenced in Schedule D of the Protected Areas of British Columbia Act.
(2) This section applies despite any other provision of this Act.
with respect to the Schedule D 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 development.
(4) The minister may renew, cancel, amend or approve the transfer of a park use permit issued under subsection (3).
(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 and Range Practices Act.
(6) The maximum number of animal unit months, as defined in the Range Act, that may be authorized for a Schedule D park by range tenures under subsection (5) is the number of animal unit months authorized for the area of the Schedule D park on the establishment date for the Schedule D park.
(7) This section applies retroactively in relation to a Schedule D park to the extent necessary to give it effect on and after the establishment date for the park.
31	(1) A park use permit issued before the coming into force of the relevant provisions of the Park Amendment Act, 1995 is conclusively deemed to have been validly issued in compliance with this Act as it read on the date on which the permit was issued.
(2) Despite this Act, the minister may renew, cancel, amend or transfer a park use permit issued under subsection (1).
(3) Subsection (1) is retroactive to the extent necessary to give it full force and effect.
with respect to the conservancy, to continue to do anything that the person was authorized to do by the permit or other authorization or by the lien, charge or encumbrance, other than activities described in section 9 (10) (a) to (c).
(2) The minister may renew, cancel, amend or approve the transfer of a park use permit issued under subsection (1).
33 (1) Despite anything in this Act but subject to this section, a drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act or a permit under the Oil and Gas Activities Act may be issued or granted to a person for purposes of exploration for, or development or production of, petroleum or natural gas in or from the subsurface of land within a park, conservancy or recreation area.
(2) A person to whom a drilling licence, permit, lease or other right referred to in subsection (1) is issued or granted need not obtain a park use permit or resource use permit from the minister under this Act for the exploration, development, production or other activities so authorized or permitted.
(b) does not grant any surface rights to land within the park, conservancy or recreation area.
(4) If a drilling licence, permit, lease or other right referred to in subsection (1) conflicts or is inconsistent with subsection (3) (a) or (b), the drilling licence, permit, lease or other right is void to the extent of the conflict or inconsistency.
(c) must comply with all other terms and conditions imposed in the drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act or the Oil and Gas Activities Act.
(d) to pay to the government an amount of money as compensation for the cost of any remedial or preventative action taken by, or caused to be taken on behalf of, the government as a result of the contravention.
(7) A person to whom an order is directed under subsection (6) must comply with the order.
(b) the expense to the government of carrying out the order to completion is a debt owing to the government by the person to whom the order was first directed, and is recoverable as such in a court of competent jurisdiction.
(9) A certificate of the minister in respect of the expense referred to in subsection (8) (b) is proof of the indebtedness and the amount of the debt.
34	A nature conservancy area existing on the date this section comes into force is continued as a designated wildland area.