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| Part 2 -- Requirements Respecting Licences and Permits |
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| Division 1 -- Replaceability of Licences and Permits |
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Licence defined for sections 23 and 24 |
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22 |
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In sections 23 and 24, "licence" means |
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(a) |
a grazing licence, or |
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(b) |
a hay cutting licence |
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other than one that provides that a replacement for it must not be offered. |
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Replacement licence |
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23 |
(1) |
During the 6 months beginning on the eighth anniversary of a licence, the district manager must offer in writing to the holder of the licence a replacement for it. |
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(2) |
Despite subsection (1), if the district manager determines that |
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(a) |
rights under the licence being considered for replacement are under suspension, or |
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(b) |
the holder of the licence |
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(i) |
has not paid all money the holder owes to the government under this Act or the Forest and Range Practices Act, or |
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(ii) |
has not provided security or a deposit required under this Act, the Forest and Range Practices Act or the regulations under them, |
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the district manager may decline to offer a replacement for the licence until |
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(c) |
the suspension is rescinded, |
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(d) |
the suspended rights are reinstated, or |
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(e) |
the holder pays the money owing to the government or provides the required security or deposit. |
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(3) |
An offer made under this section may be amended. |
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Replacement licence content |
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24 |
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A licence offered under section 23 must |
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(a) |
have a term beginning on the 10th anniversary of the licence being replaced under the offer, |
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(b) |
describe the same area as the licence being replaced under the offer, |
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(c) |
in the case of a grazing licence, specify a number of animal unit months for which the holder is eligible each year that is the same as specified in the licence being replaced under the offer, and |
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(d) |
in the case of a hay cutting licence, grant to the holder the right to harvest a specified quantity of hay that is the same as specified in the licence being replaced under the offer. |
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When replacement licence is not replaceable |
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25 |
(1) |
Before offering a replacement grazing licence under section 23, the district manager must decide whether forage will remain available to sustain the number of animal unit months specified in the existing grazing licence for the next 20 years. |
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(2) |
If the district manager decides that the forage will not remain available to sustain the number of animal unit months specified in the existing grazing licence for the next 20 years, he or she must |
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(a) |
make the offer conditional on the replacement grazing licence containing a provision that a replacement for it must not be offered, and |
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(b) |
if the offer is accepted, ensure that the replacement grazing licence contains that provision. |
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(3) |
Before offering a replacement hay cutting licence under section 23, the district manager must consider whether the Crown range to be described in the hay cutting licence will remain available for hay cutting for the next 20 years. |
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(4) |
If the district manager decides that the Crown range will not remain available for hay cutting for the next 20 years, he or she must |
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(a) |
make the offer conditional on the replacement hay cutting licence containing a provision that a replacement for it must not be offered, and |
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(b) |
if the offer is accepted, ensure that the replacement hay cutting licence contains that provision. |
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(5) |
The district manager must deliver to the holder of the licence notice of a decision |
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(a) |
under subsection (2) that forage will not remain available, as described in subsection (1), or |
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(b) |
under subsection (4) that the Crown range will not remain available, as described in subsection (3), |
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stating the reasons for the decision. |
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Replacement permits |
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26 |
(1) |
On application in the prescribed form by the holder of a permit, the district manager may enter with the holder into a replacement for it, if satisfied that |
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(a) |
in the case of a grazing permit, forage will remain available to sustain the number of animal unit months specified in it for the intended term of its replacement, |
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(b) |
in the case of a hay cutting permit, the Crown range described in it will remain available for the one year term of its replacement, |
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(c) |
rights under the existing permit are not under suspension, and |
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(d) |
the holder has |
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(i) |
paid all money the holder owes to the government under this Act or the Forest and Range Practices Act, and |
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(ii) |
provided security or a deposit required under this Act, the Forest and Range Practices Act or the regulations under them. |
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(2) |
If a grazing permit has been replaced once under this section, no more than 2 further replacement grazing permits for the area described in it may be entered into with its holder or with the successors or assigns of the holder. |
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(3) |
An application under this section for a replacement permit must be made during the term of the permit to be replaced or within 2 months after its expiry. |
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Replacement grazing permit content |
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27 |
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A replacement grazing permit under section 26 must |
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(a) |
have a term beginning on the expiry date of the grazing permit being replaced, even if the replacement grazing permit is entered into after that date, |
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(b) |
describe the same area as the grazing permit being replaced, and |
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(c) |
specify a number of animal unit months for which the holder is eligible each year that is the same as specified in the grazing permit being replaced. |
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| Division 2 -- Consolidation and Subdivision of Grazing Licences and Permits |
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Consolidation and subdivision |
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28 |
(1) |
With the consent of the holder or holders of each of the relevant licences or permits, the district manager may |
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(a) |
consolidate 2 or more grazing licences into a single grazing licence, |
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(b) |
consolidate 2 or more grazing permits into a single grazing permit, |
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(c) |
subdivide a grazing licence into 2 or more grazing licences, |
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(d) |
subdivide a grazing permit into 2 or more grazing permits, |
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(e) |
delete all or part of the Crown range described in a grazing licence and include the Crown range or the part of it, as the case may be, in another grazing licence, |
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(f) |
delete all or part of the Crown range described in a grazing permit and include the Crown range or the part of it, as the case may be, in another grazing permit, |
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(g) |
cancel a licence or permit if all or part of its Crown range has been included in another licence or permit, |
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(h) |
enter into one or more grazing licences describing the same Crown range as described in one or more licences that were the subject of consolidation, subdivision or deletion under this section, and |
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(i) |
enter into one or more grazing permits describing the same Crown range as described in one or more permits that were the subject of consolidation, subdivision or deletion under this section. |
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(2) |
Instead of, under section 11 (1), 14, 15 (2) (a) or (3), 16 or 18 (2), entering with an applicant into a licence or permit, the district manager, with the applicant's consent, may amend |
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(a) |
a licence held by the applicant by including in it the new subject matter, or |
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(b) |
a permit held by the applicant by including in it the new subject matter. |
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| Division 3 -- Associated Private Land Pertaining to Grazing Licences and Permits |
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Retention of associated private land of the holder of a licence or permit |
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29 |
(1) |
In this section and section 30: |
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"associated private land", in relation to a licence or permit or the holder of one, means the |
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(a) |
private land, or |
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(b) |
private land with facilities |
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described in the definitions of "licence" and "permit", and includes other land substituted for it, under section 30; |
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"licence" and "permit" each mean one for which, according to the records of the ministry, its original holder qualified in part by owning or holding under lease private land or private land with facilities |
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(a) |
meeting either or both of the criteria set out in section 10 (1) (b) and (c), or |
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(b) |
otherwise capable of contributing, as specified by the district manager at the time of the application for the licence or permit, to the efficient use of the Crown range. |
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(2) |
The holder of a licence or permit must continue to own or hold under lease the holder's associated private land. |
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(3) |
The district manager may cancel a licence or permit without first delivering to the holder of the licence or permit a notice of cancellation if the holder contravenes subsection (2). |
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(4) |
If the district manager determines that there are grounds under subsection (3) to cancel a licence or permit, but decides not to cancel the licence or permit, |
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(a) |
the district manager must inform the holder of the licence or permit of the decision, and |
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(b) |
the district manager, in making the decision not to cancel, may prepare amendments to the licence or permit to attach conditions to it that the district manager considers appropriate in the circumstances. |
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(5) |
Sections 55 to 66 do not apply to a cancellation of a licence or permit under subsection (3) of this section. |
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Substitutions |
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30 |
(1) |
A holder of a licence or permit may apply to the district manager to amend the licence or permit by substituting other land for the holder's associated private land. |
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(2) |
On receiving an application under subsection (1), the district manager may amend the licence or permit by substituting other land for the holder's associated private land. |
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(3) |
The district manager may attach conditions to an amendment under subsection (2) if, in his or her opinion, the conditions are needed to ensure that the licence or permit will continue after the substitution to reflect the applicable criterion or criteria referred to in section 10 (1) (b) and (c). |
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(4) |
The district manager must ensure that conditions attached under subsection (3) are specified in the licence or permit. |
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Review to determine appurtenancy of pre-2005 grazing licences |
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31 |
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Before the end of December, 2008, the district manager must review each grazing licence entered into before the end of December 2004 to determine if the licence was originally made appurtenant, under section 5 of the former Act, to a specified fee simple or a specified leasehold interest. |
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Recording appurtenancy on completion of each review |
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32 |
(1) |
If the district manager determines on the review under section 31 of a grazing licence that it was originally made appurtenant, under section 5 of the former Act, to a specified fee simple or a specified leasehold interest, he or she must note in the records of the ministry |
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(a) |
whether the grazing licence specifies the private land owned or held under lease to which the grazing licence was made appurtenant and contains a requirement to the effect that the holder is to retain the ownership of the private land or of the leasehold interest in the private land while the licence remains in effect, and |
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(b) |
a description of the private land owned or held under lease or the part of it that would meet the criterion or criteria under section 10 (1) (b) or (c) if the grazing licence were entered into after the end of December, 2004. |
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(2) |
If the district manager determines on the review under section 31 of a grazing licence that |
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(a) |
the grazing licence was originally made appurtenant, under section 5 of the former Act, to a specified fee simple or a specified leasehold interest, and |
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(b) |
the grazing licence does not |
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(i) |
specify the private land owned or held under lease to which the grazing licence was made appurtenant, or |
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(ii) |
contain the requirement referred to in subsection (1) (a) of this section, |
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the district manager must |
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(c) |
inform the holder of the grazing licence of the determination, |
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(d) |
prepare amendments to the grazing licence to ensure that it specifies the private land owned or held under lease or the part of it that would meet the criterion or criteria under section 10 (1) (b) or (c), |
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(e) |
deliver to the holder notice setting out the amendments prepared under paragraph (d) of this subsection, and |
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(f) |
note in the records of the ministry a description of the specified private land owned or held under lease or the part of it that would meet the criterion or criteria under section 10 (1) (b) or (c) if the grazing licence were entered into after the end of December, 2004. |
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(3) |
On delivery to the holder of notice under subsection (2) (e), the grazing licence is deemed to be amended as set out in the notice. |
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Amending pre-2005 grazing licences because of appurtenancy changes |
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33 |
(1) |
If the district manager determines on the review under section 31 of a grazing licence that the holder no longer owns or holds under lease |
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(a) |
the private land owned or held under lease to which the grazing licence was made appurtenant, or |
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(b) |
private land that, under section 21 of the former Act, was added to the private land referred to in paragraph (a) of this subsection or substituted for all or part of it, |
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the district manager |
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(c) |
may prepare amendments to the grazing licence to attach conditions to it that the district manager considers appropriate in the circumstances, and |
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(d) |
must deliver to the holder notice setting out the amendments prepared under paragraph (c). |
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(2) |
On delivery to the holder of notice under subsection (1) (d), the grazing licence is deemed to be amended as set out in the notice. |
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| Division 4 -- Other Uses, Changes, Deletions and Compensation |
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Other uses of Crown range |
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34 |
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A licence or permit under this Act does not prevent the government from |
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(a) |
using the Crown range, or |
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(b) |
granting to others the use of the Crown range |
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described in the licence or permit if the use is for a purpose that the district manager considers is compatible with the grazing or hay production rights of the holder under the licence or permit. |
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Change in boundary or area |
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35 |
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In accordance with the regulations and with the consent of the holder of a licence or permit, the district manager may vary the boundary or area of the licence or permit. |
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Licence or permit deletions and reductions, generally |
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36 |
(1) |
The district manager by order may |
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(a) |
delete land from the Crown range described in a licence or permit, |
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(b) |
reduce as necessary because of the deletion the number of animal unit months or quantity of hay specified in the licence or permit, or |
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(c) |
do both |
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if the district manager considers that the deletion, reduction or both will lead to more efficient resource use. |
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(2) |
The minister by order may reduce the number of animal unit months or quantity of hay specified in a licence or permit if he or she considers the reduction necessary because the Crown range described in the licence or permit no longer supports the number of animal unit months or quantity of hay. |
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Licence or permit deletions and reductions because of incompatible land use |
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37 |
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The minister by order may |
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(a) |
delete land from the Crown range described in a licence or permit, and |
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(b) |
reduce as necessary because of the deletion the number of animal unit months or quantity of hay specified in the licence or permit |
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if the minister considers that the land deleted is required for a use incompatible with grazing or hay production. |
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Implementing deletions and reductions |
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38 |
(1) |
A deletion or reduction or a combination of them, as the case may be, under section 36 or 37 is not effective until the district manager has prepared the necessary amendments to the licence or permit and, |
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(a) |
if there is no reduction in the number of animal unit months or in the quantity of hay, the district manager delivers to the holder at least 60 days' notice, setting out the amendments, or |
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(b) |
if there is a reduction in the number of animal unit months or in the quantity of hay, the district manager delivers to the holder at least one year's notice, setting out the amendments. |
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(2) |
Despite subsection (1), if a holder of a licence or permit consents to waiving the notice period under subsection (1) (a) or (b), the deletion or reduction, or the combination of them, as the case may be, is effective as soon as |
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(a) |
the district manager has prepared the necessary amendments to the licence or permit, and |
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(b) |
notice of the amendments is delivered to the holder, in accordance with this section. |
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(3) |
On expiry of a notice delivered to the holder of a licence or permit under subsection (1) or on delivery of a notice under subsection (2), the licence or permit, as the case may be, is deemed to be amended as set out in the notice. |
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Compensation for reductions |
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39 |
(1) |
If during the term of a licence or permit |
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(a) |
a reduction, or |
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(b) |
a series of reductions, if more than one, |
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under section 36 (1) or 37 in the number of animal unit months or quantity of hay specified in the licence or permit at the time of the reduction has the effect of reducing by more than 5% the |
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(c) |
number of animal unit months, or |
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(d) |
quantity of hay |
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specified in the licence or permit at the beginning of its term, the holder of the licence or permit is entitled to compensation from the government in an amount determined in accordance with subsection (2) of this section. |
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(2) |
The compensation to which the holder of a licence or permit is entitled under subsection (1) is an amount equal to the value, for the unexpired portion of the term of the licence or permit or for a different period if a different period is prescribed, of the |
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(a) |
number of animal unit months, or |
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(b) |
quantity of hay |
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taken by means of the part of the reduction that exceeds 5% of the |
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(c) |
number of animal unit months, or |
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(d) |
quantity of hay |
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specified in the licence or permit at the beginning of its term. |
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Compensation for range developments |
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40 |
|
The holder of a licence or permit affected by a deletion of land under section 36 (1) or 37 or in prescribed circumstances by a reduction under section 36 (2) is entitled to compensation from the government in an amount equal to the sum of |
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(a) |
any labour and material costs reasonably incurred by the holder for range developments, |
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(i) |
on the Crown range remaining under the licence or permit after the deletion, and |
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(ii) |
made necessary by |
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(A) |
a deletion of land under section 36 (1) or 37, or |
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(B) |
a reduction under section 36 (2) if the circumstances in which compensation is payable for such a reduction have been prescribed, and |
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(b) |
the value of range developments made to the land deleted that |
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(i) |
are authorized under an enactment, |
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(ii) |
are not developments to which section 174 of the Forest Practices Code of British Columbia Act applied, before the repeal of that section, or to which section 120 of the Forest and Range Practices Act applies, and |
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(iii) |
are not or have not been paid for by |
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(A) |
the government under this Act or another enactment, or |
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(B) |
a person other than the holder or a former holder of the licence or permit. |
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Commercial Arbitration Act applies to disputes as to amount of compensation |
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41 |
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If the government and the holder of a licence or permit do not agree on the amount of compensation payable under section 39 or 40 to the holder the amount must be submitted for determination by arbitration under the Commercial Arbitration Act. |
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Compensation may take form of licence or permit |
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42 |
(1) |
Compensation payable under section 39 to the holder of a licence or permit may take the form, in whole or in part, of another licence or permit. |
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(2) |
The district manager may enter with the holder into the other licence or permit without first giving public notice or inviting applications from other persons. |
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Set-off for benefits previously received |
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43 |
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The amount of compensation to which the holder of a licence or permit is entitled under sections 39 and 40 must be reduced by any financial or other benefit received by that holder from the government because of or arising out of the deletion or reduction that gives rise to the entitlement. |
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When compensation not payable |
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44 |
(1) |
In this section, "compensation" includes damages. |
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(2) |
No compensation is payable by the government and an action or other proceeding must not be brought or continued against the government for compensation in respect |
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(a) |
of a replacement for a licence under section 23 that, in accordance with section 25 is conditional on the replacement licence containing a provision that a replacement for it must not be offered, |
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(b) |
of an amendment to a grazing licence under section 32 or 33, |
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(c) |
subject to section 40, of a deletion of land under section 36 (1) or 37 from the Crown range described in a licence or permit if there is no reduction, because of the deletion, in animal unit months or quantity of hay, |
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(d) |
subject to section 40, of a reduction under section 36 (2) in the |
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(i) |
number of animal unit months, or |
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(ii) |
quantity of hay |
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specified in a licence or permit, |
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(e) |
of a reduction under section 47 or 48 in the number of animal unit months specified in a licence or permit, or |
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(f) |
of an order under section 49. |
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Limit on compensation |
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45 |
(1) |
In this section: |
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"agreement" means a grazing licence, grazing permit, hay cutting licence or hay cutting permit; |
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"compensation" includes damages. |
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(2) |
The compensation payable to the holder of an agreement because of or arising out of |
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(a) |
a deletion of land under section 36 (1) or 37 affecting the agreement, |
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(b) |
a reduction under section 36 (1) or 37 affecting the agreement in the number of animal unit months or quantity of hay, or |
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(c) |
a deletion referred to in paragraph (a) of this subsection in combination with a reduction referred to in paragraph (b) of this subsection |
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is limited to the amount of compensation determined in relation to that agreement under sections 39 and 40. |
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(3) |
An action or other proceeding must not be brought or continued against the government for compensation in an amount that exceeds the amount limited under this section. |
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(4) |
The Expropriation Act does not apply in respect of a taking, deletion or reduction, under this Act, of any right or interest held by a person under this Act. |
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| Division 5 -- Efficient Use of Licences and Permits |
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90% animal unit months use requirement unless otherwise agreed |
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46 |
(1) |
Unless otherwise agreed by a non-use agreement made in writing between the district manager on behalf of the government and the holder of a grazing licence or grazing permit, the holder must ensure that at least 90% of the animal unit months specified in the licence or permit is used in each calendar year. |
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(2) |
A non-use agreement referred to in subsection (1) |
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(a) |
must conform to prescribed criteria and include prescribed content, and |
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(b) |
may include terms and conditions that are consistent with this Act, the Forest and Range Practices Act and the regulations under them. |
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Reduction for underused animal unit months |
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47 |
(1) |
If, in the absence of a non-use agreement referred to in section 46, the holder of a grazing licence or grazing permit does not ensure the use in a calendar year of at least 90% of the animal unit months specified in the licence or permit, the district manager |
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(a) |
may prepare amendments to the licence or permit to reduce the number of animal unit months specified in it by an amount that does not exceed the amount of the unused animal unit months for that calendar year, and |
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(b) |
must deliver notice to the holder setting out the amendments prepared under paragraph (a) of this subsection. |
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(2) |
On delivery to the holder of a licence or permit of notice in accordance with subsection (1), the licence or permit, as the case may be, is deemed to be amended as set out in the notice. |
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Reduction for non-compliance with a non-use agreement |
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48 |
(1) |
If the holder of a grazing licence or grazing permit, who under section 46 has a non-use agreement, does not ensure the use in a calendar year, of the number of animal unit months specified in the licence or permit after taking into account the non-use agreement, the district manager |
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(a) |
may prepare amendments to the licence or permit to reduce the number of animal unit months specified in it by an amount that does not exceed the amount of the unused animal unit months for that calendar year, and |
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(b) |
must deliver notice to the holder, setting out the amendments prepared under paragraph (a) of this subsection. |
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(2) |
On delivery to the holder of a licence or permit of notice in accordance with subsection (1), the licence or permit, as the case may be, is deemed to be amended as set out in the notice. |
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Directed non-use of Crown range |
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49 |
(1) |
The district manager may order the holder of a licence or permit, for a period specified by the district manager, to refrain to the extent specified in the order from using all or a specified part of the Crown range described in the licence or permit. |
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(2) |
A holder who is the subject of an order under subsection (1) must comply with the order. |
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Exemption orders in exceptional circumstances |
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50 |
(1) |
If satisfied that the holder of a licence or permit is unable to use or ensure the use of the percentage or number of animal unit months referred to in section 46 (1), 47 (1) or 48 (1) because of |
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(a) |
circumstances beyond the holder's control, or |
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(b) |
an order under section 49, |
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|
the district manager by order may exempt the holder from the obligation, |
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(c) |
with or without conditions, and |
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(d) |
to an extent and for a period specified in the order. |
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(2) |
An order under subsection (1) may be made on the district manager's own initiative or on application by the holder of a licence or permit. |
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(3) |
Before making or refusing to make an order under subsection (1) that is the subject of an application by the holder of a licence or permit, the district manager must give the applicant an opportunity to be heard. |
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(4) |
The district manager must deliver notice to the applicant of a decision refusing to make an order under subsection (1), accompanied by the reasons for the decision. |
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(5) |
A holder who is the subject of an order under subsection (1) must comply with the order. |
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Reporting requirements for grazing |
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51 |
(1) |
By December 31 in each year, the holder of a grazing licence or grazing permit must report to the district manager the number of animal unit months the holder has used under the licence or permit in that year if the use is less than 90% of the animal unit months. |
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(2) |
If the district manager considers it appropriate in a particular case for the efficient use of Crown range he or she may require the holder of a grazing licence or grazing permit to provide the report described in subsection (1) even if the use of animal unit months is 90% or more. |
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(3) |
The holder of a grazing licence or grazing permit who is required under subsection (2) to provide a report described in subsection (1) must provide the report. |
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| Division 6 -- Allowance for Additional Resource Use under Licences and Permits |
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Temporary increase of animal unit months or quantity of hay |
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52 |
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On application by the holder of a licence or permit and without inviting or accepting applications from other persons, the district manager may increase for a specified year |
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(a) |
the number of animal unit months specified in the licence or permit, or |
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(b) |
the specified quantity of hay to be harvested under the licence or permit |
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if the district manager considers that |
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(c) |
the increase can be used without adversely affecting the management and conservation of the Crown range described in the licence or permit, and |
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(d) |
a competitive process in relation to the increase in the number of animal unit months or in the quantity of hay to be harvested is not practicable in the circumstances. |
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Earned increase in animal unit months or quantity of hay |
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53 |
(1) |
The holder of a licence or permit may submit a plan in writing to the district manager for the management by the holder of the Crown range described in the licence or permit in a manner intended to increase the animal unit months or quantity of hay available on that Crown range. |
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(2) |
The district manager may approve a plan submitted under subsection (1) if the plan conforms to prescribed criteria, if any. |
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(3) |
After receiving approval under subsection (2), the holder of the licence or permit to which the plan pertains |
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(a) |
may implement the plan, and |
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(b) |
if the plan results in an increase in the animal unit months or quantity of hay available on the Crown range described in the licence or permit, request an amendment to the licence or permit to reflect the increase. |
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(4) |
If satisfied that an increase requested under subsection (3) is sustainable, the district manager |
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(a) |
may amend the licence or permit to reflect the increase for the balance of the term of the licence or permit, and |
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(b) |
if the amendment is made under paragraph (a) of this subsection, must attach a condition to the licence or permit requiring continued use of the plan. |
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