Statutes and Regulations

Part 4 – Range
Division 1 – Range Use Plan and Range Stewardship Plan
	Range use plan and range stewardship plan required
	32	(1)	Before the holder of an agreement under the Range Act grazes livestock or cuts hay on Crown range to which the agreement applies, the holder must prepare, and obtain the minister's approval of,
			(a)	a range use plan, or
			(b)	if subsection (2) applies, a range stewardship plan
			that includes the area on which the grazing or hay cutting will occur.
		(2)	The minister may authorize the holder of an agreement under the Range Act to prepare a range stewardship plan
			(a)	that does not include the matters described in section 35 (2) if satisfied that the holder has demonstrated competence in the management of Crown range for at least 2 years, or
			(b)	that includes the matters described in section 35 (2), if satisfied that the holder has demonstrated competence in the management of Crown range for at least 5 years.
		(3)	Without restricting subsection (2), in determining whether a person has demonstrated competence the minister must consider
			(a)	the person's performance record,
			(b)	the condition of the Crown range to which the range stewardship plan would apply, and whether the person has maintained or improved forage quality and quantity on the Crown range, and
			(c)	prescribed matters.
		(4)	Unless a holder of an agreement under the Range Act is notified by the minister that he or she is considering matters preliminary to granting an authorization under subsection (2), the minister is deemed to have authorized the holder under subsection (2) in respect of a range stewardship plan for an area if the holder
			(a)	has a range stewardship plan for the area that is in effect, and
			(b)	is preparing a range stewardship plan that is consistent with the range stewardship plan in effect in respect of including or not including the matters described in section 32 (2).
	Content of range use plan for grazing
	33	(1)	A range use plan for grazing of livestock must
			(a)	include a map of a scale and format satisfactory to the minister that
				(i)	shows the area for the agreement under the Range Act that pertains to the plan,
				(ii)	specifies the location and type of range developments in that area, and
				(iii)	specifies the pastures that are in that area,
			(b)	include a schedule that describes for each pasture to be used for grazing of livestock,
				(i)	the livestock class,
				(ii)	the number of livestock, and
				(iii)	the period of use,
			(c)	specify actions to be carried out in the area under the plan to deal with issues identified by the minister,
			(d)	conform to prescribed requirements, and
			(e)	be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.
		(2)	A range use plan for grazing of livestock or an amendment to a range use plan for grazing of livestock must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
	Content of a range use plan for hay cutting
	34	(1)	A range use plan for hay cutting, must
			(a)	include a map of a scale and format satisfactory to the minister that
				(i)	shows the area for the agreement under the Range Act that pertains to the plan,
				(ii)	specifies the location and type of range developments in that area, and
				(iii)	the areas for hay cutting,
			(b)	include a schedule that describes for each area to be used for hay cutting
				(i)	the average stubble height for the area to be cut, and
				(ii)	the period of hay cutting,
			(c)	specify actions to be carried out in that area to deal with issues identified by the minister,
			(d)	conform to prescribed requirements, and
			(e)	be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.
		(2)	A range use plan for hay cutting or an amendment to a range use plan for hay cutting must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
	Content of range stewardship plan
	35	(1)	A range stewardship plan must
			(a)	include a map of a scale and format satisfactory to the minister that
				(i)	shows the area for the agreement under the Range Act that pertains to the plan,
				(ii)	specifies the location and type of range developments in that area, and
				(iii)	specifies the pastures that are in that area,
			(b)	specify actions to be carried out in the area under the plan to deal with issues identified by the minister,
			(c)	conform to prescribed requirements, subject to subsection (2), and
			(d)	be consistent with objectives set by government and other objectives that are established under this Act and that pertain to all or part of the area subject to the plan.
		(2)	If the minister is satisfied as set out in section 32 (2) (b) as to the competence of the holder of a range stewardship plan or an amendment to a range stewardship plan the holder of the plan may specify intended results or strategies to achieve them.
		(3)	The intended results or strategies specified under subsection (2) may differ from the prescribed requirements referred to in subsection (1) as the minister, at the time of approval of the plan, considers to be appropriate in the circumstances.
		(4)	A range stewardship plan or an amendment to a range stewardship plan must be signed by the person required to prepare the plan, if an individual or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
	Term of range use plan and range stewardship plan
	36	(1)	The term of a range use plan or range stewardship plan is the period, not exceeding 5 years, that the minister specifies at the time of approval.
		(2)	Despite subsection (1), the minister, in the circumstances and on the conditions, if any, that are prescribed may extend the term of a range use plan or range stewardship plan for an additional period not exceeding 5 years.
		(3)	The extended range use plan or extended range stewardship plan may include changes to the extent authorized by regulation.
	Approval of a range use plan or range stewardship plan
	37	(1)	The minister must approve a range use plan, a range stewardship plan or an amendment to either if the minister determines that the plan or amendment
			(a)	is consistent with the agreement under the Range Act that pertains to the plan, and
			(b)	conforms to this Act, the regulations and the standards.
		(2)	A range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval must be considered to have conformed to this Act, the regulations, the standards and the objectives set by government if the plan or amendment conforms to the relevant provisions of this Act, the regulations, the standards and the objectives as they were 4 months before the date of the submission of the plan or amendment to the minister.
		(2.1)	The Lieutenant Governor in Council, by order, may declare that a range use plan, a range stewardship plan or an amendment to either that is submitted to the minister for approval, despite subsection (2), must immediately conform to some or all of this Act, the regulations, the standards and the objectives set by government as set out in the order.
		(3)	The minister or the person seeking approval of a range use plan, a range stewardship plan or an amendment to either may refer the plan to an advisory committee for its recommendations, and the minister may consider those recommendations when making a determination under subsection (1).
		(4)	The minister must give reasons for refusing to approve a range use plan, a range stewardship plan or an amendment to either.
	Mandatory amendments
	38	(1)	The holder of a range stewardship plan that includes the matters described in section 35 (2), must ensure that the strategies or actions specified in the plan continue during the term of the plan to be sufficient to achieve the intended results specified in the plan.
		(2)	The holder of
			(a)	a range stewardship plan that does not include the matters described in section 35 (2), or
			(b)	a range use plan
			must ensure that the actions specified in the plan to deal with issues identified by the minister continue during the term of the plan to be sufficient to deal with those issues.
		(3)	The holder of a range stewardship plan described in subsection (1) who knows or reasonably ought to know that the strategies or actions specified in the plan, are not sufficient to achieve the intended results specified in the plan, must prepare and submit to the minister an amendment to the plan so that the plan, as approved, is sufficient to achieve those intended results.
		(4)	The holder of a range stewardship plan described in subsection (2) (a) or a range use plan mentioned in subsection (2) (b) who knows or reasonably ought to know that the actions specified in the plan are not sufficient to deal with issues identified by the minister must amend the plan so that it is sufficient to deal with those issues.
		(5)	The holder of a range use plan or range stewardship plan, if and as directed by order of the minister, must prepare and submit an amendment to the plan to take into account prescribed circumstances.
	Cumulative impacts require plan amendment
	39	(1)	At the request of a holder of an agreement under the Range Act, the minister may determine whether range use plans or range stewardship plans held by other holders of agreements under the Range Act prevent or are likely to prevent the holder making the request from
			(a)	exercising the holder's rights under the holder's own agreement, or
			(b)	achieving a requirement of the holder's own range use plan or range stewardship plan.
		(2)	If the determination under subsection (1) is that the requesting holder is prevented or is likely to be prevented from doing the things described in subsection (1) (a) or (b), the minister by order may require one or more of the other holders of agreements referred to in subsection (1) to prepare and submit for the minister's approval the appropriate amendments to one or more range use or range stewardship plans so that the holder making the request does not continue to be prevented from doing those things.
		(3)	Before making a determination under this section , the minister must give the holders of range use plans or range stewardship plans affected an opportunity to be heard.
	Minor changes to range use plan or range stewardship plan
	40		Despite section 37 (1) and unless otherwise prescribed, an approval is not required to amend a range use plan or range stewardship plan if its holder determines that the proposed amendment
			(a)	otherwise conforms to this Act, the regulations and the standards, and
			(b)	does not materially affect the likelihood of achieving the intended results specified in the plan.
	Review and comment
	41	(1)	In prescribed circumstances, before a person submits for approval a range use plan, range stewardship plan or an amendment to either, the person must make the plan or amendment available for
			(a)	review, and
			(b)	comment.
		(2)	Despite subsection (1), the minister may approve a range use plan or an amendment to one that has not been made available for review and comment if
			(a)	the plan or amendment is for an area that is subject to a temporary grazing permit or temporary hay cutting permit, and
			(b)	the minister determines that the range use plan, range stewardship plan or amendment otherwise meets the requirements of this Act, the regulations and the standards.
	Proportional objectives
	42		In prescribed circumstances, the minister may establish targets for sharing, in specified proportions between or among the holders of range use plans and range stewardship plans, the responsibility to achieve objectives set by government.
Division 2 – Grazing Schedule
	Grazing schedule required
	43	(1)	The holder of a range stewardship plan must prepare a grazing schedule that includes for each area that will be used for grazing, all of the following:
			(a)	the livestock class;
			(b)	the number of livestock;
			(c)	the period of use.
		(2)	The grazing schedule must be submitted each year to the district manager before the holder grazes livestock on Crown range.
	Grazing schedule available to public
	44		A person who has prepared a grazing schedule must make it available to a person on request.
Division 3 – General
	General
	45	(1)	A person who grazes livestock, cuts hay or carries out or maintains a range development on Crown range must do so in accordance with
			(a)	this Act, the regulations and the standards, and
			(b)	the applicable range use or range stewardship plan.
		(2)	The holder of an agreement under the Range Act that authorizes grazing of livestock must ensure that all livestock authorized to graze on Crown range under the agreement are
			(a)	marked with the holder's registered brand or marked in another manner approved by the minister, and
			(b)	identified by a mark or tag designating them as animals pastured under the agreement, if the minister requires it.
[ TOC | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 ]

indicate most recent changes to this page