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In This Volume

  • 85.1(1) This section applies to an application for subdivision.
  • (2) Despite section 85, an approving officer must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
  • (a) the approving officer has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the approving officer is not required to forward a copy of the site profile to the director under section 40(4)(b) of that Act;
  • (b) the approving officer has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40(4)(b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
  • (c) the approving officer has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
  • (d) the approving officer has received a notice from the director under the Environmental Management Act that the approving officer may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
  • (e) the approving officer has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
  • (f) the approving officer has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
  • (g) the approving officer has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.

2003-53-156, effective July 8, 2004 (B.C. Reg. 317/2004).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Part 4 of the Environmental Management Act provides for the remediation of contaminated sites and creates a duty to identify such sites through the completion and delivery of site profiles. Relevant provisions of the Act and regulations are included at chapter 38 (Environmental Management Act, S.B.C. 2003, c. 53) in this Manual.