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29 Exclusion Application By A Local Or First Nation Government Or The Commission

In This Volume

Exclusion applications

  • 29 (1) A person may apply to the commission to have land excluded from the agricultural land reserve if the person is
  • (a) the owner of the land and is
    • (i) the Province, a first nation government or a local government, or
    • (ii) a prescribed public body,
  • (b) a local government, and the land is within the local government’s jurisdiction, or
  • (c) a first nation government, and the land is within the first nation’s settlement lands.
  • (2) Subject to subsection (3),
  • (a) an applicant must give notice, in the prescribed form and manner and before making the application, of the application and of a public hearing respecting that application, and
  • (b) the public hearing must be held in the prescribed manner.
  • (3) On request of an applicant described in subsection (1) (a), the commission may waive one or more of the requirements of subsection (2).
  • (4) An application made by an applicant described in subsection (1) (a) may not proceed unless authorized as follows:
  • (a) by a resolution of a local government if the application is made by a person other than a first nation government and, on the date the application is made, the application
    • (i) applies to land within the local government’s jurisdiction that is zoned by bylaw to permit farm use, or
    • (ii) requires, in order to proceed, an amendment to an official settlement plan, official community plan, official development plan or zoning bylaw of the local government;
  • (b) by a law of a first nation government if the application applies to settlement lands over which the first nation has legislative authority.

2019-32-19, effective September 30, 2020 (B.C. Reg. 57/2020).