Section 1 definition of "mediation and arbitration board" BEFORE repealed by 2010-9-12, effective October 4, 2010 (BC Reg 274/2010).

"mediation and arbitration board" means the Mediation and Arbitration Board established under the Petroleum and Natural Gas Act;

  Section 1 definition of "surface rights board" was added by 2010-9-12, effective October 4, 2010 (BC Reg 274/2010).

  Section 3 (1) and (2) BEFORE amended by 2006-13-35,Sch C, effective March 30, 2006 (Royal Assent).

(1)  With the written consent of or a permit from the minister responsible for Crown lands or, if the land is within a Provincial forest, from the Minister of Forests, a recorded holder may use Crown land for a right of way for the purposes referred to in section 2.

(2)  Before giving written consent or a permit under this section, the minister responsible for Crown lands or the Minister of Forests may do one or more of the following:

(a) require a copy of the plan, particulars and information provided to the minister under section 4;

(b) require additional plans, particulars and information;

(c) exercise the same powers as the minister under section 4 (3);

(d) require other modifications in the plan.

  Section 6 (1) BEFORE amended by 2004-37-14, effective May 13, 2004 (Royal Assent).

(1)  Subject to this section and to regulations made under the Highway (Industrial) Act, if an access road is deemed to be owned by a person, every person desiring to use the access road for the purpose of obtaining access to an existing mineral title, or for forest harvesting or another industrial purpose, is entitled to do so.

  Section 6 (4) BEFORE amended by 2010-9-13, effective October 4, 2010 (BC Reg 274/2010).

(4)  If the deemed owner of an access road and a party proposing to use the access road under this section for an industrial purpose, after consultation with the gold commissioner, are unable to agree on the compensation to be paid under subsections (2) and (3), the mediation and arbitration board, on application by one of the parties, has jurisdiction to settle the issue.

  Section 7 (1) and (2) BEFORE amended by 2004-37-14, effective May 13, 2004 (Royal Assent).

(1)  Subject to this section and to regulations made under the Highway (Industrial) Act, if an access road is deemed to be owned by a person, it may be used for nonindustrial purposes by a person who has a specific legal interest in the land or resources in the region tributary to the access road, whether this interest was acquired before or after the access road was constructed.

(2)  Subject to this section and to regulations made under the Highway (Industrial) Act, if an access road is deemed to be owned by a person, it may be used for nonindustrial purposes by a person if the minister is satisfied that the person who wishes to use it requires access for a commercial purpose and the minister gives written consent to its use by that person.

  Section 7 (3) and (4) BEFORE amended by 2006-13-35,Sch C, effective March 30, 2006 (Royal Assent).

(3)  Despite subsections (1) and (2), if use of an access road would likely cause significant damage to it or endanger life or property, the deemed owner may, with the consent of the minister responsible for Crown lands or the Minister of Forests

(a) close the access road by means of gates,

(b) restrict or prevent the use of the access road by persons referred to in subsections (1) and (2) by posting a notice on the access road, and

(c) at the expense of its owner, remove a vehicle or animal that is on the access road unlawfully.

(4)  Despite subsections (1) and (2), the minister may, with the concurrence of the minister responsible for Crown lands or the Minister of Forests restrict the use of an access road for nonindustrial purposes if the minister considers that the use may cause significant damage to the access road or endanger life or property, or if the minister considers that the restriction is necessary for the proper use of Crown land and resources.

  Section 10 (4) BEFORE amended by 2010-9-13, effective October 4, 2010 (BC Reg 274/2010).

(4)  For the purposes of subsection (3) (c), in default of an agreement between the parties and on application of one of the parties, the mediation and arbitration board has jurisdiction to settle the issue of compensation and the terms of the settlement are binding on the parties.