Public Lands Act - College of Alberta Professional Foresters

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Alberta Land Stewardship Act
& Related Amendments to:
Public Lands Act
Forests Act
Presentation to the College of Alberta
Professional Foresters
June 25, 2009
Overview
 Context For Legislation
 Alberta Land Stewardship Act
 Forests Act Amendments
 Public Lands Act Amendments
 Status of Regional Plans
 Impacts of Regional Plans
 Role of Forestry Professional
Context for Legislation
 Land-Use Framework (LUF) Policy
 Albertans asked for:

Provincial leadership

An approach to planning that integrates
Alberta’s environmental, economic, and
social objectives at the regional level.

An approach that encourages stewardship
and conservation
Alberta Land Stewardship Act

Purpose of the Act



Means for Government to provide
guidance on Economic, Environmental,
and Social Objectives
Ability to Plan for the needs of Current
and Future Generations
Enable Sustainable Development and a
Cumulative Effects Management
approach
Part 1
Regional Plans
 Lieutenant Governor Makes Planning
Regions and Plans
 Elements of a Regional Plan
 Adopt or Create Sub-Regional Plans
 Statutory Consents
Part 2
Nature, Effect and Compliance




Plans are Regulations
Plans are Legally Binding
Compensation Limited under this Act
Compliance Declaration
Part 3
Conservation & Stewardship Tools





Research and Development
Conservation Easements
Conservation Directives
Conservation Offsets
Transfer Of Development Credits
Part 4
Regional Planning Process
 Lieutenant Governor Sets the Process in
Motion
 Regional Advisory Council

Approves a Terms of Reference
 Land-Use Secretariat


Not a department
Stewardship Commissioner
Part 4
Regional Planning Process
Landuse Secretariat’s Role in:




Regional Plan Development
Regional Plan Implementation
Information Systems
Monitoring and Reporting
Part 5
Transitional Provisions &
Amendments
 Conservation Easements transferred
from Environmental Protection and
Enhancement Act
 Consequential Amendments

Consequential amendments to 26 Acts

Align other Acts with regional plans

Provides for enforcement of regional plans
Forests Act – Consequential
Amendments
Forests Act – Key Changes
 Regional Plans take precedence
 Allows for partial assignments of
dispositions
 Part 3 – Transferred to Public Lands
Act



Forest Land Use Zones
Forest Recreation Areas
Forest Recreation Trails
Forests Act – Key Changes
 Section 16 – refers to ‘sustainable
forest management’ vs. ‘yield'
(outdated)
 Section 28.1 – can prohibit 3rd parties
from selling or buying access to crown
timber
 Section 29 – Reforestation Records
Forests Act – Key Changes
 Enforcement






Fine increases
Enabling Admin penalty process
Scope of ‘Forest Officer’ Expanded
Great clarity on investigation, right of entry,
seizure process
Creative Sentencing Provision
Recovery of Economic Benefit
 Separation of ‘Director’ and ‘Minister’
Forests Act – Key Changes
 Additional offences:




Section 9 – damage of signs, structures
Section 10 – cutting, damaging forest growth
Section 28.1 – sale or purchase of access to
forest land
Providing misleading information to forest
officer
 Enables an Appeals Process
 Public Lands Act – Consequential
Amendments
Public Lands Act - Amendments
 Major amendments were necessary:

60 percent of Alberta is Public Land,
administered under the Public Lands Act

More land management ability is required to
implement regional plans
Public Lands Act – Key Changes
 Clarification that Crown is owner of
public land
 Ability to manage cumulative impacts of
activity (i.e. access to public land) in
accordance with Regional Plans
 Increased enforcement provisions
Public Lands Act – Key Changes
 Director vs. Minister
 Establishment of a land stewardship
fund
 Dispositions
Cancelled/Suspended/Amended
 Occupation of Public Land



Access to land requires consent
Blanket Consent for Disposition Holders
Greater ability to manage recreation
access to vacant public land
Public Lands Act – Key Changes





Fines increased
New tool - Stop Work Orders
Recovery of economic benefit
Creative Sentencing
New Appeals Section
Current Situation
 Stakeholder sessions held - Concerns:




Impact to existing dispositions
What does managing rec access mean?
Stop Work Orders – need an appeal
Timely approvals
Current Situation
 Open Houses held on Bill 36 (ALSA)

Seven Weeks of sessions
 Bill 36 received Royal Assent June 4,
2009
 Next Steps


Proclamation
Regulation Development/Amendment
Regional Plan Status
Regional Plans
 Seven Planning Regions
 Currently two plans are under
development


Lower Athabasca Regional Plan (LARP)
South Saskatchewan Regional Plan (SSRP)
 Complete all Plans by 2012
Lower Athabasca Regional Plan
 Regional Advisory Committee
Established
 Terms of Reference nearing Approval




Economic Development (Bitumen)
Land Conservation
Water and Air Thresholds
Human Development
 Vision Statement and Objectives drafted
 Modelling already underway
 Complete draft plan – December 2009
South Saskatchewan Regional Plan
 Regional Advisory Committee appointed
 Terms of Reference draft stage


Population Growth
Water
 State of the Region drafted
 Modelling input being discussed
 Final Draft completed by June 2010
Regional Plan Impact
Regional Plan Impacts
 Difficult to Predict Immediate Impacts



Depends on the Resolution of the Plan
Current Plans
At least 4 Levels of Filtering
•
•
•
•
Cabinet Direction
Regional Planning Team
Regional Advisory Committee
Public, Stakeholder, and First Nations
Regional Plan Impacts
 Cons


Potential to affect allocation or approvals
However, current message is business as
usual
 Pros





Clearer Government Objectives
Greater Certainty
More Efficient Resource Planning
Less Conflict between Industrial users
Social License
Role Of the Forestry
Professional
Role Of the Forestry
Professional
Get Involved
Professional Level
 Regulation Development (Forests Act,
Public Lands Act)
 Regional Advisory Committee
 Public/Stakeholder Consultations
 Direct Feedback
Role Of the Forestry
Professional
Individual Level
Forestry Professionals have:
 Broad Base of Ecological Knowledge
 Planning skills at both the Operational
level as well as the long-term 10 - 200
year view
 Used to Being Specialized Generalist
 Position ourselves as Facilitators and
Mediators
Questions?
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