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B.C. Reg. 335/75
O.C. 1456/75
Filed April 28, 1975

Ecological Reserve Act

Ecological Reserve Regulations

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

Contents
1Entry to reserves restricted
2Permit required for research or educational use
3Conditions of permit
4If disruption to reserve may ensue
5Application for permit
6Time limits of permits
7Closure of reserves
8Introduction of new species
9Discharge of sewage, etc.
10Permittee's report to administrator
11Cancellation or modification of permit

Entry to reserves restricted

1  No person shall enter upon an ecological reserve for a purpose inconsistent with the Ecological Reserve Act, and without limiting the generality of the foregoing, no person shall prospect for minerals, cut timber, allow domesticated animals to graze, camp, light fires, trap or molest animals, build roads or trails, use motorized vehicles within an ecological reserve, or remove plants, animals or material from an ecological reserve.

Permit required for research or educational use

2  Research or educational use of an ecological reserve may be undertaken only when authorized by permit issued pursuant to these regulations.

Conditions of permit

3  The administrator of ecological reserves may, by permit, authorize the use of an ecological reserve for research or educational purposes. The administrator shall include in each permit issued under this section conditions that, in his opinion, are adequate to protect the reserve and any ongoing research from disruption; provided however that minimally disruptive procedures, such as collection of some plant and animal specimens, soil samples, and the like, may be specifically permitted.

If disruption to reserve may ensue

4  The administrator may not issue a permit authorizing research or educational use of a reserve that is likely to cause any significant disruption within the reserve without first consulting the advisory committee. After he has consulted with the advisory committee, the administrator may issue a permit authorizing such research and containing such conditions as he deems advisable for the protection of the reserve and any ongoing research.

Application for permit

5  An application for a permit under sections 2 and 3 shall contain the following information:

(a) a description of the proposed use;

(b) a description of the areas of land to be affected, with an accompanying map;

(c) a description of the means of access to be used;

(d) the duration of the proposed use;

(e) the ecological impact of any activities that will be undertaken within the reserve under the permit;

(f) the number of individuals that will be entering the reserve under the permit and, where possible, their names;

(g) the name of the individual who will direct the proposed research or educational program.

Time limits of permits

6  Permits issued under sections 3 and 4 may be limited to one entry or may cover a specified period of time.

Closure of reserves

7  The minister may, by order, close any reserve or portion thereof to any or all uses or entry for a specified period of time, and the minister may, by order, permit limited camping, hunting, fishing and use of motorized vehicles in any reserve or portion thereof, providing no significant disruption results to the reserve or to any research which may be in progress.

Introduction of new species

8  No person shall introduce into an ecological reserve any plant or animal species without the written permission of the administrator.

Discharge of sewage, etc.

9  Subject to the terms of a permit, no person shall deposit, discharge or emit sewage, waste materials, contaminants or any other substance within the boundaries of an ecological reserve.

Permittee's report to administrator

10  Upon completion of any research project authorized under section 3 or 4, the permittee shall, within 6 months, file a report with the administrator including, if applicable:

(a) a statement of the methodology used in the research;

(b) an inventory of any plants or animals identified during the research;

(c) a description of land forms and soil conditions in the research area; and

(d) a statement of the results obtained and any conclusions or recommendations reached as a result of the research.

Cancellation or modification of permit

11  (1) The administrator may, by order, cancel or modify any permit where he considers such action advisable because

(a) a conflict has arisen between users;

(b) the activities authorized by the permit may cause, or have caused, unauthorized or unanticipated damage to the reserve;

(c) a beneficial use is not being, or has not been, made of the permit;

(d) the terms or conditions of the permit have been broken, or these regulations have been violated by the permittee or his agents.

(2) The administrator is not required to conduct a hearing before issuing an order under subsection (1).

(3) The permittee may appeal any order issued by the administrator under subsection (1) to the minister by notifying the minister and the administrator of his intention to appeal within 30 days of having received the administrator's order.

[Provisions of the Ecological Reserve Act, R.S.B.C. 1996, c. 103, relevant to the enactment of this regulation: section 7]