Land Use 27/02/2015. LUF Plans and Process. Provincial Land Use Direction

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1 Land Use (Planning, Recreation, Range Management, Grazing, Industrial Land Use) March 7, 2015 Murray Anderson LUF Plans and Process Regional plan development and review Regional plan implementation Policy and strategy development Consultation Communications Coordination of integrated information systems Monitoring and reporting Complaint review Provincial Land Use Direction Policy Direction Regional Plans Land Use Framework Sub-regional Plans Landscape Site Effectiveness Overall efficiency Accountability Policy Integration Government Involvement Overall Process Systems design Legislative Change Appropriate level of integration for specific activities and process 1

2 Managed under several Acts Willmore Wilderness Park Act Wilderness Areas, Ecological Reserves, and Natural Areas Act Provincial Parks Act Public Lands Act Various Designations Park, Wilderness Area, Wildland Park, Recreation Area, Public Land Use Zone, Public Land Recreation Areas, Public Land Recreation Trails 4 Willmore Wilderness Park Act main purpose is preservation amended in 1995 to limit all industrial activities other consumptive uses such as hunting, fishing, trapping, and travel with horses is allowed Wilderness Areas, Ecological Reserves, Natural Areas, and Heritage Rangelands Act provides varying degrees of protection from industrial development and other activities Heritage Rangelands are designated under this Act. 5 Provincial Parks Act provides for the establishment of parks and provincial recreation areas generally established for conservation and management of flora and fauna, preservation of specified areas and objects to facilitate use and enjoyment for outdoor recreation 6 2

3 Provincial Park - Industrial activity may be permitted - Dispositions may be issued Wildland Provincial Park - No oil and gas surface development unless mineral rights previously held - No timber harvesting - Livestock grazing may be allowed Provincial Recreation Area - Industrial activity permitted - Dispositions are issued 7 Public Lands Act Public Lands Administration Regulation Commercial Trail Riding Dispositions Part 3, Division 8 provides for the effective management of commercial trail riding activities on public land to ensure the protection of the natural resources provides a land base for CTR operators provides standards to the industry for operating on public land Miscellaneous Dispositions Part 3, Division 9 authorizes commercial uses under miscellaneous lease or permit (DML, DLP) 8 Public Lands Act - Forest Land Use and Management Regulations (AR 197/76) establishes and restricts operation of OHV vehicles in Castle Recreation Area prohibits operation of OHV, vehicles, and aircraft in Willmore Wilderness Park except with written authorization sets parameters for the management of Willmore Wilderness Park 9 3

4 Public Lands Administration Regulation (AR187/2011) (Public Lands Act) Improved tools to ensure sustainable use of public lands (minimize loss or damage) identifies areas as Public Land Use Zones, Public Land Recreation Areas and Public Land Recreation Trails sets out activities (forms of recreation) that are or are not permitted in each area assists in the general goals of forest protection (fire prevention) and maintenance of the environment (back-country camping standard) 10 Recreation Public Land Use Zones Kananaskis Country McLean Creek Off-Highway Vehicle Sibbald Snow Vehicle Cataract Creek Snow Vehicle Blackstone/Wapiabi Job/Cline Panther Corners Upper Clearwater/Ram Allison/Chinook Holmes Crossing Whitecourt Sandhills Crosscountry Ski Coal Branch Athabasca Ranch Brule Lake Kiska/Willson Dormer/Sheep Ghost Willow Creek Castle Special Management Public Land Use Zone 11 Commercial Recreation Alberta Tourism and Recreational Leasing Program (ATRL) Private sector developments offering tourism and commercial recreation opportunities ATRL process handles proposals on public land on a "first come - first served" basis. May involve any of the following: requirement for long-term tenure, placement of permanent structures need for public review integration with existing land uses 12 4

5 Alberta Timber Harvest Planning and Operating Ground Rules OBJECTIVE: To minimize the impact of timber operations that occur near to recreational or tourism site developments and facilities and legislated protected areas. STANDARD: Timber operators shall plan and conduct their timber operation in consideration of legislated protected areas and approved recreation resource management plans, where they exist (e.g., lake-shore management plans, river corridor plans). GUIDELINES: 1. Where possible, roads should avoid high-value recreation areas, or be built according to standards that will ensure they can be used safely while minimizing their impact on the recreation values of the area. 2. Roads should be clearly posted with appropriate traffic control and cautionary signs, particularly during periods of high recreational use (i.e., hunting season and summer) when timber harvesting or hauling operations are in progress. 3. Logging techniques that will minimize the visual impact of logging should be used near recreation areas. 13 RANGE MANAGEMENT Administered under the Public Lands Act and the Forest Reserves Act Eastern Slopes Policy (Objectives) 1. to maintain rangelands in good condition 2. to restore rangelands on which forage productivity has declined 3. to improve rangeland capability 14 PUBLIC LANDS ACT Public Lands Administration Regulation (AR 187/2011) Grazing Leases (Part 3 Division 1) - long term (up to 20 years & renewable) - taxed by the local authority - may control public access - cannot restrict access for timber removal Grazing Licences (Part 3 Division 1) - long term (up to 10 years & renewable) - taxed by local authority unless on FMA - may not control public access - must accommodate timber removal - can be issued on FMA lands without withdrawal 15 5

6 PUBLIC LANDS ACT Public Lands Administration Regulation (Cont.) Grazing Permits (Part 3 Division 1) - one year renewable must be applied for annually - taxed by local authority - may not control public access - cannot restrict access for timber removal Head Tax Grazing Permits (Part 3 Division 1) - one year & must be applied for annually - not taxed - may not control public access - cannot restrict access for timber removal 16 FOREST RESERVES ACT Established for the conservation of forests and other vegetation and the maintenance of conditions favorable to an optimum water supply Rocky Mountains Forest Reserve Preference Quota preference quota or quota means the actual number of animal unit months allowed in a calendar year with respect to a regular permit minimum of 100 and a maximum of 1000 animal unit months. 17 Forest Reserves Act (Cont) FOREST RESERVES REGULATION (AR 42/2005) Regular Permit graze the number of livestock allocated under preference quota may be issued for up to ten years Temporary Permit graze livestock on specified range lands may be issued for up to five years Not taxed Does not restrict public access Does not restrict access for timber removal 18 6

7 Alberta Timber Harvest Planning and Operating Ground Rules Integrating Timber Harvesting with Domestic Livestock Grazing Objective: To minimize the impact of timber operations on range resources and domestic grazing, and to protect improvements on public land. 1. Timber operators shall consult with grazing disposition holders to address specific concern before operations begin. 2. The timber operator shall ensure that any existing roads, bridges or improvements to active dispositions are maintained. 19 Timber Harvest Planning and Operating Ground Rules 3. The timber operator shall ensure that timber operations do not reduce the carrying capacity of the range for domestic livestock grazing. 4. Grazing disposition holders shall be advised by the timber operator at least 10 days before operations begin. 20 Integrating Grazing and Timber Activities Provides direction for integration of timber and grazing activities Policy (2006) direction applies to existing and new dispositions Outlines requirements for planning, operations, agreements, monitoring, and dispute resolution 21 7

8 Responsible Energy Development Act Created Alberta Energy Regulator (AER) Responsibility for approvals for energy resource activities upstream oil & gas, oil sands, coal June, 2013 AER established ERCB dissolved November, 2013 transfer Public Lands, Mines and Minerals Acts March, 2014 transfer Environmental Protection and Enhancement, Water Acts October, 2014 transfer Environmental Assessment 22 Industrial Public Lands Administration Regulation Public Lands Act Industrial activity License of Occupation - Part 3 Division 4 issued for road dispositions on public land provides for public use of road specific disposition conditions may provide for closure for certain situations 23 Industrial (Cont) Surface Material Dispositions - Part 3 Division 6 (Allocation Policy 2006) sand and gravel clay and marl Pipeline Disposition - Part 3 Division 7 pipelines pipeline installation (metre sites) Mineral Surface Leases - Part 3 Division 5 mines and minerals development 24 8

9 Exploration Part 8, Mines and Minerals Act Provides for geophysical (seismic) exploration for oil and gas, and exploration for minerals Exploration Regulation (AR 284/2006) Metallic and Industrial Minerals Exploration Regulation (AR 213/98) 25 Exploration Regulation Enabled under four Acts - primary is Mines and Minerals Exploration Approval is required on any land in Alberta private or public land Regulation and approval provides requirements for activity and penalties Methods Regular straight line up to 6 metre width Low impact (timber avoidance) (machine, mowing, or handcut) Heliportable 26 Questions 27 9