Regulatory Context

General

The Lillooet Land and Resource Management Plan is part of BC’s Land Use Strategy. The plan provides government policy direction on land use and resource management within the plan area for the next ten years (until 2014), at which time it will be reviewed.

All land use and resource management activities in the plan area are subject to laws and regulations for Crown land and resource management. Provincial and federal statutes, and regulations made under statutes, take legal precedence over provisions of the plan.

The plan draws on, and complements, a large number of policies, guidelines, protocol agreements and interagency memoranda of understanding that exist to implement land and resource management in the province.

The plan is intended to help regulatory agencies manage the land and its resources in an integrated and balanced manner. It provides guidance for statutory decision-makers to consider during operational decision-making. It will be used for the development of legal objectives, consistent with legislation (e.g., Forest and Range Practices Act; Land Amendment Act).

The plan also provides strategic direction to future planning processes such as access management plans and sustainable resource management plans that may commence during implementation.

First Nations

Aboriginal rights and title exist in BC and receive protection under Section 35(1) of the Constitution Act
(1982). The Lillooet Land and Resource Management Plan will not limit treaty negotiations and settlements.

Participating in plan development and implementation creates opportunities for First Nations to share information with the Province about their interests in the area.

Most bands of the St’at’imc, Nlaka’pamux, Secwepemc and Tsilhqot’in First Nations declined to participate in development of the plan. Although they have not endorsed it, discussions continue.

The Province encourages First Nations to identify their interests and will continue to work with First Nations to address their interests during implementation. To further this goal, the Protocol Agreement with the St’at’imc Chiefs Council has been developed (see Appendix).

The Province works co-operatively with First Nations on land management and regards this as a form of consultation through which the Province can seek to accommodate First Nation interests.

The Province also remains committed to meeting any obligations it may have to consult with First Nations on specific proposals for land and resource development.

Forest Practices

Under forestry legislation (e.g., Forest Practices Code of BC Act; Forest and Range Practices Act), some components of this plan may become legally enforceable. These components will be identified following plan approval.

Mining

The Lillooet Land and Resource Management Plan conforms to the Province’s two-zone land use system for mineral resource management. Consistent with Section 14 of the Mineral Tenure Act, the objectives and measures of success in this plan are not intended to unduly delay, restrict or prohibit responsible mining exploration or development activities.