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  • 20.3 (1) A person must not remove soil from or place fill on agricultural land unless one of the following applies:
  • (a) the removal or placement is permitted under section 25 or 45 and the removal or placement is done in accordance with the permission;
  • (b) the removal or placement is permitted under the regulations and the removal or placement is done in accordance with the regulations;
  • (c) the person
    • (i) is an owner of the agricultural land, or has a right of entry, granted under an enactment, to the agricultural land,
    • (ii) first submits to the chief executive officer the prescribed fee and notice of the person’s intent, in the form and manner required by the chief executive officer, and
    • (iii) receives approval under subsection (2)(b) and removes the soil or places the fill in accordance with the approval, or is a person to whom subsection (4) applies.
  • (2) If the chief executive officer receives the fee and notice submitted under subsection (1)(c)(ii), the chief executive officer must do one or more of the following:
  • (a) request further information from the person who gave the notice;
  • (b) approve, in writing, the removal of soil or the placement of fill
    • (i) as set out in the notice, or
    • (ii) subject to limits and conditions;
  • (c) order, in writing, the person to stop or not engage in removing soil or placing fill unless permitted under section 25 or 45.
  • (3) If a person fails to comply with subsection (1)(c)(ii), the chief executive officer may do one or both of the following:
  • (a) order, in writing, the person to comply with subsection (1)(c)(ii);
  • (b) take the action described in subsection (2)(c).
  • (4) If the chief executive officer does not take an action described in subsection (2) within 60 days after receiving the fee and notice submitted under subsection (1)(c)(ii) or the information requested under subsection (2)(a), the person may remove soil from or place fill on the agricultural land as described in the notice.
  • (5) A person may apply to the commission for permission under section 25 for a soil or fill use of agricultural land
  • (a) if the person is an owner of the agricultural land, or has a right of entry, granted under an enactment, to the agricultural land, and
  • (b) whether or not a fee and notice have been submitted under subsection (1)(c)(ii) of this section or the chief executive officer has taken an action described in subsection (2)(b)(ii) or (c).
  • (6) The chief executive officer may delegate, in writing, the powers and duties of the chief executive officer under this section to an employee of the commission.

2018-56-13, effective February 22, 2019 (B.C. Reg. 30/2019).