Maintaining SuperNatural BC for Our Children - CoalWatch Comox ...

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Management of coastal and marine resources is anarea of complex, shared jurisdiction between allorders of government, including First Nations andlocal governments.jurisdiction and ownership of coastal resources – and to coordinate with othergovernments.Models of Coastal Management LegislationThere are successful models in other jurisdictions around the world. Forexample, the US Coastal Zone Management Act of 1972 empowered UScoastal states to develop some of the most progressive coastal management inthe world. Under the Act, state level coastal management programs providefor:• Protection of wetlands, floodplains, estuaries, beaches, dunes, barrierislands, and fish and wildlife habitats;• Management of coastal development to minimize the loss of life andproperty;• Initiatives to improve coastal water quality;• Siting of coastal-dependent uses and restriction of inappropriatedevelopment on the coast;• Public access to the coasts for recreation;• Redevelopment of deteriorating urban waterfronts and ports, andpreservation of historic and cultural features;• Coordination and simplification of coastal management decision making;• Opportunities for public and local government participation; and• Improved coordination between coastal management agencies.In Canada, provinces such as Nova Scotia and Newfoundland and Labradorhave developed Coastal Management Strategies that have highlighted the needfor improved governance arrangements and may lead to specific provinciallegislation. The Law Faculty at Dalhousie University is currently reviewingintegrated coastal zone management law to develop options for Coastal ZoneManagement model legislation.Potential Elements of Coastal Management Legislation for BCFollowing the models in the Canadian Oceans Act and the US Coastal ZoneManagement Act, a coastal management act for BC could include some or allof the following provisions:• A preamble to reaffirm BC’s commitment to the conservation andsustainable management of estuarine, coastal and marine resources;80Maintaining SuperNatural BC: Selected Law Reform Proposals
• Powers to enter into agreements and to delegate and accept powers fromother orders of government;• Development of a Coastal Management Strategy;• A legislative basis for coastal and marine spatial planning, includingregional management plans for estuarine, coastal and marine ecosystems;• Establishment of a comprehensive network of marine protection areaswithin provincial waters that link with other networks of marine protectionareas;• Establishment of a voluntary local government coastal managementprogram to protect and restore coastal ecosystems and private and publicproperty. That has been the basis of shoreline restoration programs in US;• Coastal and marine emergency planning and preparedness;• Climate change adaptation strategies for issues such as extreme weatherevents, storm surges and sea level rise;• Strategic assessment of marine transportation corridors, including decisionmakingprocesses for coastal infrastructure and port facilities;• Programs for the revitalization of coastal communities; and• Provisions to allow for collaboration with other levels of government andFirst Nations.A Coastal Zone Management Act would signal BC’s intent to take coastalmanagement seriously and fully exercise its jurisdiction and ownership. Thisis preferable to leaving the future of the coast to the National Energy Board,foreign governments like China, or to disorganization and neglect.Jamie Alley is former Director of the BC Oceans and Marine Fisheries Branch.He currently teaches Integrated Coastal Zone Management at Universitiesin Canada and Iceland, and is Vice President (Pacific) for the Coastal ZoneCanada Association.Calvin Sandborn is the Legal Director of Environmental Law Centre.For more information, see:Coastal Zone Canada Association website. http://www.czca-azcc.org/html/home.htmlExternal Evaluation of State Coastal Zone Management & NationalEstuarine Research Reserve System Programs. SRA International, Inc. &the Council Oak for the Office of Ocean and Coastal Resource ManagementNational Oceanic and Atmospheric Administration US Department ofCommerce. (2010) http://coastalmanagement.noaa.gov/success/media/evaluationczmnerrs.pdfMaintaining SuperNatural BC: Selected Law Reform Proposals 81
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MAINTAINING SUPERNATURAL BC FOR OUR
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ContentsA. Planning and Environment
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Note that many of the articles refl
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A. Planning and EnvironmentalAssess
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• Destroy an important cultural a
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For more information, see:Environme
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will result from the interaction of
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3. Land Use Planning for Nature,Cli
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The cumulative effects of human act
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Implement and sustain monitoring pr
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B. Regulating IndustriesMaintaining
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the vast majority of the province,
Page 29 and 30: capability, fisheries sensitive wat
Page 31 and 32: ∘∘∘∘Nations’ land claims,
Page 33 and 34: Limiting Mining Minister’s Discre
Page 35 and 36: • Since 1998, Ministry of Environ
Page 37 and 38: 7. OIL AND GAS: Reforming Oil andGa
Page 39 and 40: drilled as close as 100 metres to a
Page 41 and 42: Oil and gas companies can drill on
Page 43 and 44: 8. OIL AND GAS: It’s Time to Regu
Page 45 and 46: found in one of BC’s main fields,
Page 47 and 48: files/publications/Oil%20and%20Gas%
Page 49 and 50: - from strengthening corporate timb
Page 51 and 52: New mechanisms for local self-deter
Page 53 and 54: C. Protecting Wildlife & WaterMaint
Page 55 and 56: wintering ground or stopover. Unlik
Page 57 and 58: On The Edge: British Columbia’s U
Page 59 and 60: Given that all water systems (both
Page 61 and 62: water as a public resource that the
Page 63 and 64: 12. Protecting Fish in British Colu
Page 65 and 66: This gutting of fish protection law
Page 67 and 68: 13. Privatizing Salmon Protection:T
Page 69 and 70: uilt on roughly one-third of the pr
Page 71 and 72: This policy lurch makes it even mor
Page 73 and 74: Planning must involve robust public
Page 75 and 76: has led to such an increase in cost
Page 77 and 78: For more information, see:Reforming
Page 79: fail to co-ordinate regulatory effo
Page 83 and 84: D. The Urban EnvironmentMaintaining
Page 85 and 86: coordinating land use, transportati
Page 87 and 88: 18. Protecting Natural Areas in our
Page 89 and 90: stewardship isn’t just a matter o
Page 91 and 92: of less than 20 cents on the dollar
Page 93 and 94: of-way. The resulting greenways net
Page 95 and 96: 20. Reinventing RainwaterManagement
Page 97 and 98: LID effort in North America - a com
Page 99 and 100: E. PollutionMaintaining SuperNatura
Page 101 and 102: pumped oil into a Saanich basement
Page 103 and 104: 22. Reforming Contaminated SitesLaw
Page 105 and 106: of Compliance (COC) approvals. The
Page 107 and 108: F. Climate Change andEnergyMaintain
Page 109 and 110: Meanwhile, Environment Canada’s s
Page 111 and 112: 24. In Defence of the Carbon TaxBy
Page 113 and 114: over. BC’s carbon tax is still no
Page 115 and 116: generations of BC ratepayers and ta
Page 117 and 118: William Andrews is a BC lawyer who
Page 119 and 120: happen when people heat their homes
Page 121 and 122: G. Ensuring Justice forNatureMainta
Page 123 and 124: • In 2003, the public’s right t
Page 125 and 126: Regulation Improvement Coalition an
Page 127: to provide the courts with the best
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perhaps the people can. By putting
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Chris Tollefson (D. Gilliland and J
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British Columbians must have the ri
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for both present and future generat
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that SLAPPs have a range of negativ
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Anti-SLAPP Advisory Panel: Report t
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An Environment Commissioner would p
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144 Maintaining SuperNatural BC: Se
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33. Reliance on QualifiedProfession
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Does this new approach have an adeq
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34. Reforming Freedom ofInformation
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ecords in relation to such a ‘pro
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Information and Privacy Commissione
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Gord McAdams was a “whistleblower
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could result. The legislation shoul
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