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Les Leyne: New Park Act will be closely watched

A week after the bill allowing research in B.C. parks was introduced, a new policy on issuing permits for research was finished.
Polak-Mary.jpg
Mary Polak: No consultation.

Les Leyne mugshot genericA week after the bill allowing research in B.C. parks was introduced, a new policy on issuing permits for research was finished. It arrived in February, just as people were digesting the implications of the legislation, and interpreting the word “research” took up a fair bit of time.

The policy paper adds another five pages of documentation to the concept of doing research in provincial parks. But the overall concept still has people suspicious of what’s going on.

There’s a theory that one of the potential outcomes will be to allow industrial development in parks. That seems to be solidly ruled out. But only because the park amendments and some corresponding park boundary legislation make it more likely that the park designation would be changed before any industrial development were to begin.

The operational policy states that research within provincial protected areas will be managed through park-use permits. It envisions research for all sorts of worthwhile motherhood reasons: “contribute to scientific knowledge, provide educational opportunities, increase knowledge of protected area values.”

But it also refers to determining risks or benefits to protected areas from developments inside and outside the park, supporting feasibility assessments or allowing “the collection of information to support a boundary adjustment request.”

Those three categories of research are considered investigative and are to be handled through special permits. There’s a fairly extensive outline of what’s needed just to get a research permit. B.C. Parks may request applicants to undertake public consultation or get an impact assessment. Fees will be charged and performance bonds may be required.

There’s a stopper written into the policy — “adverse impacts.”

Appropriate research activities are those that do not result in adverse impacts, such as impairing the role of the protected area, or the enjoyment or health and safety of visitors.

The actual work is also outlined. Permits are needed for any destructive or invasive sampling that involves removing plants or disturbing soils or rocks.

The investigative permits are described as being short-term and “will in no way guarantee that any future permits for occupancy or commercial activities will be granted.”

There’s also a work-around written into the policy, for cases where an investigative permit is rejected. “The proponent may consider applying for an adjustment of the protected area boundary in order to conduct investigations.”

If you can’t do the research in the park, the fallback is to relax the park designation.

Environment Minister Mary Polak acknowledged during debate on the legislative change that there was no public consultation on the changes. She said it was considered just an administrative change. But the NDP Opposition was armed with sheaves of emails from various interest groups who had plenty to say about the changes.

The existing legislation requires permits for activity that disturbs a park, and the permit can’t be issued unless the minister decides that it’s necessary for the preservation of park values and won’t interfere with the general use of the park.

The Opposition said the bill decreases the level of protection and introduces the ability to issue permits for feasibility studies for mining and pipelines.

NDP MLA Doug Donaldson cited a recent example of how parks are amended. The Nisga’a Nation wanted land in the Lava Bed park removed to allow for the northwest transmission line. The change was made in the legislature, where it was debated and approved. He said the question is what the government is trying to do with the bill.

Polak told the house that “regardless of the amendment, there is a 30-page Park Act that contains all the guidance necessary to ensure that we don’t have mining in our parks, that we don’t have drilling for oil in our parks, that we don’t have major industrial activities taking place in our parks.”

She said the amendment doesn’t change that, but allows for development of useful information when making decisions about the management of parks.

And if the management involves changing boundaries, “those still need to come to this chamber.”

The bill passed and the changes will take effect, with a lot of people ready to scrutinize any permits that get issued.

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