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  • 2 (1) If an expropriating authority proposes to expropriate land, this Act applies to the expropriation, and, if there is an inconsistency between any of the provisions of this Act and any other enactment respecting the expropriation, the provisions of this Act apply.
  • (1.1) Despite subsection (1), if there is an inconsistency between any of the provisions of this Act and the Nisga’a Final Agreement, as defined in the Nisga’a Final Agreement Act, the Nisga’a Final Agreement applies.
  • (1.2) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of a final agreement, the provision of the final agreement applies.
  • (1.3) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of either a regulation under section 99(1)(m.1) of the Energy Resource Activities Act or an order under section 76(6) of that Act, the provision of the regulation or order prevails.
  • (2) This Act does not apply in respect of
  • (a) an entry on land for the purpose of exercising a power of inspection, investigation or enforcement in the course of administering an enactment,
  • (b) an entry on land under the authority of an enactment by a land surveyor or a person employed by a land surveyor for the purpose of conducting a survey, soil test or other examination, other than a survey, soil test or other examination conducted for the purpose of an expropriation,
  • (c) a right exercisable, without payment of compensation, under an exception or reservation to which the title to land is subject, or
  • (d) an entry on land under section 20 of the Hydro and Power Authority Act or section 8 of the Transportation Act.
  • (3) This Act does not apply to expropriations under the British Columbia Railway Act, the Railway Act and the Water Sustainability Act, except to the extent provided for in those Acts.
  • (3.1) After the coming into force of this subsection, this Act does not apply to an expropriation under section 11(2) of the Park Act of an interest in land in the form of
  • (a) rights under a lease, as defined in the Mineral Tenure Act, of the recorded holder of the lease,
  • (b) rights under a lease, as defined in the Coal Act, of the lessee, or
  • (c) rights under a Crown granted 2 post claim of its owner.
  • (4) This Act does not apply to replotting under the Municipal Replotting Act.
  • (5) [Repealed 2001-41-2.]
  • (6) This Act does not apply to an expropriation under the Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act.
  • (7) This Act does not apply in respect of the Canadian Pacific Railway (Stone and Timber) Settlement Act.
  • (8) This Act does not apply to
  • (a) a designation of land under section 101.2 of the School Act, or
  • (b) a transfer of title, or an application to transfer title, under section 101.5 of the School Act.
  • (9) This Act does not apply in respect of section 125.4 of the Petroleum and Natural Gas Act.

1987‑23‑2; 1988‑6‑25; 1997-23-19, effective August 25, 1997 (B.C. Reg. 294/97); 1998-10-5, effective January 25, 1999 (B.C. Reg. 19/99); 1999-2-35, effective May 11, 2000 (B.C. Reg. 146/2000); 2000-7-191; 2001-41-2; 2004-44-101, effective December 31, 2004 (B.C. Reg. 547/2004); 2008-6-13, effective March 31, 2008; 2008-28-145, effective March 31, 2009 (B.C. Reg. 49/2009); 2007-36-62, effective April 3, 2009 (B.C. Reg. 55/2009); 2010-09-04, effective October 4, 2010 (B.C. Reg. 274/2010); 2012-27-20; 2014-27-12, effective December 22, 2014 (B.C. Reg. 247/2014); 2014-15-161, effective February 29, 2016 (B.C. Reg. 35/2016); 2016-5-10; 2022-20-8, effective February 13, 2023 (B.C. Reg. 43/2023); 2022-42-67; 2022-42-60, Sched. 1, effective September 1, 2023 (B.C. Reg. 187/2023); 2023-37-197.