Increasing pressures on British Columbia’s natural resources have led to a greater concern for overall planning of resource development in the Province. Good inventory data are essential for efficient planning, and, while this can he obtained relatively easily for most renewable resources, mineral resources present a serious problem because they cannot be readily identified. This has led to a general lack of consideration of the mining industry in natural resource planning. While the impact of mining upon the environment has been well documented, little effort has been made to determine what effects are attributable to mineral exploration. This shortcoming is very important because mineral exploration is unique among inventory processes in that, although it does not generally involve the use of surface resources on a large scale, it does involve occupancy and use of the land surface. Thus, because free miners may enter upon almost any land in the Province for the purpose of mineral exploration, there will be widespread interaction with other resource users. In this study, the nature of mineral exploration associated with hard-rock metal mining in British Columbia and its impact upon the environment described. Interactions with the traditional extractive industries such as forestry and ranching are discussed, and actual and potential sources of conflict are pinpointed. Attention is given to the possible need to withdraw land from mineral exploration in order to protect watershed, recreational, aesthetic and ecological values. There is almost no literature that deals specifically with the interaction of mineral exploration with other resources, and so it was necessary to gather information from individuals in government and industry who are directly involved with resource planning, administration and management in British Columbia. Attention is given to land-use regulation as it might be applied to mineral exploration. While reference is made to the possibility of introducing alternative forms of mineral tenure, the study was developed on the basis of the present system of mineral tenures because of the probability of widespread opposition by certain sections of the mining industry would appear to make any substantial change unlikely in the immediate future. It is concluded that, if the rights and responsibilities of all individuals are clearly defined and rigidly enforced, mineral exploration in British Columbia can co-exist with most forms of resource management. However, the mining industry must be brought into any discussions on resource policy and planning, because it is only through a mutual awareness of each other's problems and objectives that common ground can be found to settle operational problems and yet achieve the objectives which, in the long-term, will benefit the people of British Columbia. / Forestry, Faculty of / Graduate

This thesis appears to be the first academic recognition of the public trust doctrine at Canadian common law. Surprisingly, despite the explosion of the doctrine in the United States, there has been little consideration of the doctrine by Canadian courts and only one Canadian article on the subject. To date, Canadian interest in the doctrine has been primarily statutory. In essence, the public trust doctrine means that despite its ownership of natural resources, the government holds certain resources, such as navigable waters, on trust or in a fiduciary capacity for the public. The origins of the doctrine are somewhat vague, but can be traced back to Roman law and the English public rights of navigation and fishing. A review of these public rights reveals that at both law and economics, certain resources are "special" and inherently public in nature. A long and dusty trail through Canadian law reports reveals that Canadian courts have recognized a public trust with respect to navigation and fishing as well as highways. Although the public trust concerning navigation and fishing has lain dormant since the late nineteenth century, the distinctive features of the public rights of navigation and fishing which led both American and Canadian courts to declare a public trust, have been mirrored in Canadian law. Coupled with the initial Canadian recognition of the public trust, the foundations therefore exist for a modern common law revival of the public trust doctrine in Canada. The likely consequences of recognition of the public trust at Canadian common law are : (1) the recognition of a substantive right, and therefore legal standing, in members of the public to vindicate public trust interests; (2) the imposition of an affirmative fiduciary obligation on government with respect to trust resources; (3) the imposition of an administrative process on government with respect to supervision and disposition of public trust resources; (4) restrictions on alienation of trust resources, in particular the restriction that legislation is required to modify or extinguish public trust resources and, (5) in an environmental context, recognition of the importance of the natural environment and the special and inter-related nature of trust resources.

This thesis appears to be the first academic recognition of the public trust doctrine at Canadian common law. Surprisingly, despite the explosion of the doctrine in the United States, there has been little consideration of the doctrine by Canadian courts and only one Canadian article on the subject. To date, Canadian interest in the doctrine has been primarily statutory. In essence, the public trust doctrine means that despite its ownership of natural resources, the government holds certain resources, such as navigable waters, on trust or in a fiduciary capacity for the public. The origins of the doctrine are somewhat vague, but can be traced back to Roman law and the English public rights of navigation and fishing. A review of these public rights reveals that at both law and economics, certain resources are "special" and inherently public in nature. A long and dusty trail through Canadian law reports reveals that Canadian courts have recognized a public trust with respect to navigation and fishing as well as highways. Although the public trust concerning navigation and fishing has lain dormant since the late nineteenth century, the distinctive features of the public rights of navigation and fishing which led both American and Canadian courts to declare a public trust, have been mirrored in Canadian law. Coupled with the initial Canadian recognition of the public trust, the foundations therefore exist for a modern common law revival of the public trust doctrine in Canada. The likely consequences of recognition of the public trust at Canadian common law are : (1) the recognition of a substantive right, and therefore legal standing, in members of the public to vindicate public trust interests; (2) the imposition of an affirmative fiduciary obligation on government with respect to trust resources; (3) the imposition of an administrative process on government with respect to supervision and disposition of public trust resources; (4) restrictions on alienation of trust resources, in particular the restriction that legislation is required to modify or extinguish public trust resources and, (5) in an environmental context, recognition of the importance of the natural environment and the special and inter-related nature of trust resources. / Law, Peter A. Allard School of / Graduate

Seventy-five years ago the provincial governments of Manitoba, Saskatchewan, and Alberta signed a series of Natural Resources Transfer Agreements (NRTAs) with the federal government. These agreements provided the answer to a contentious debate known as the 'Natural Resources Question'. Before the NRTAs, the three prairie provinces did not have control over their public domain lands and did not share equal constitutional status with the other Canadian provinces. In the early 1920s, Prime Minister King recognized the validity of the provincial arguments for constitutional equality and no longer wanted the federal government to be responsible for the administration of provincial natural resources. By this time, the policy ambitions which had previously justified the retention of the natural resources had been fulfilled. Thus, the constitutional rights arguments presented by the prairie provinces found a receptive audience when the control of the lands and resources were no longer a federal priority.

The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belongs to the realm of soft law. Nevertheless, legal implications can be drawn out from this theory. Different means of implementation can be envisioned, some belonging to the domain of soft law, other employing more classical tools, such as institutional mechanisms.

Univ., Diss.--Toulouse, 2002.

A busca pela aplicação das leis ambientais, em especial o código florestal, a redução da degradação dos recursos naturais e a sobrevivência econômica vem expondo uma nova realidade de produção no meio rural. Estudar e avaliar os impactos socioecômicos da implantação do código florestal na microbacia do rio Conrado e em 15 propriedades agrícolas pertencentes à sua área geográfica foi o foco desta pesquisa. A avaliação foi feita com base no valor estimado da receita bruta das atividades econômicas tendo sido valorados com base em dados econômicos de preço e de produtividade, nas áreas que apresentaram conflito, com as Áreas de Preservação Permanente e com a Reserva Legal. Comparou-se a receita bruta obtida das atividades agropecuárias com a renda total da microbacia e de cada uma das propriedades. O estudo foi desenvolvido num ambiente de sistemas de informações geográficas onde se pode visualizar e quantificar as áreas de conflito. Os resultados mostraram que cerca de 1630 ha da área da microbacia do rio Conrado é ocupada principalmente com explorações econômicas. Constatouse que 12% dessas áreas estão em conflito com as exigências do Código Florestal. O valor das perdas de receita bruta obtida nas áreas de conflito com agricultura temporária totalizou R$ 130.721,80 para a cultura do trigo, e R$ 262.770,40 para a cultura do feijão, já para as atividades pecuárias os valores de perdas variaram desde R$ 103.020,90 na atividade boi de corte até R$ 377.268,10 na atividade bovinocultura de leite. Nas propriedades agrícolas analisadas o conflito observado variou de 0,58% a 45,78% do total da área de cada propriedade e o valor das perdas de R$ 479,83 até R$ 161.950,16. / The search for environmental law enforcement, especially the forest code, reducing the degradation of natural resources and economic survival is exposing a new reality of production in rural areas. Study and evaluate the implementation of the socioeconomic impacts of the forestry code in the Conrado River microbasin and 15 farms belonging to their geographic area was the focus of this research. The evaluation was based on the estimated gross revenue from economic activities have been valued based on economic data of price and productivity in areas that had conflict with the Permanent Preservation Areas and the Legal Reserve. We compared the gross revenue obtained from agricultural activities with a total income of the micro basin and each of the properties. The study was conducted in an environment of geographic information systems where they can visualize and quantify the areas of conflict. The results showed that the Conrado River microbasin area is occupied mainly with economic farm, about 1630 ha (about 4028 acres). It was found that 12% of these areas are in conflict with the requirements of the Forest Code. The value of lost gross revenues achieved in the areas of conflict with temporary agriculture ranges from R $ 130,721.80 for the cultivation of wheat, to R $ 262,770.40 for the bean crop, already for livestock operations losses if the values are established from R $ 103,020.90 in the activity of beef cattle and R $ 377,268.10 in the activity of dairy cattle. On farms analyzed the perceived conflict varies from 0,58% to 45,78% of the total area of each property, values established from R $ 479,83 up to R $ 161.950,16.

A busca pela aplicação das leis ambientais, em especial o código florestal, a redução da degradação dos recursos naturais e a sobrevivência econômica vem expondo uma nova realidade de produção no meio rural. Estudar e avaliar os impactos socioecômicos da implantação do código florestal na microbacia do rio Conrado e em 15 propriedades agrícolas pertencentes à sua área geográfica foi o foco desta pesquisa. A avaliação foi feita com base no valor estimado da receita bruta das atividades econômicas tendo sido valorados com base em dados econômicos de preço e de produtividade, nas áreas que apresentaram conflito, com as Áreas de Preservação Permanente e com a Reserva Legal. Comparou-se a receita bruta obtida das atividades agropecuárias com a renda total da microbacia e de cada uma das propriedades. O estudo foi desenvolvido num ambiente de sistemas de informações geográficas onde se pode visualizar e quantificar as áreas de conflito. Os resultados mostraram que cerca de 1630 ha da área da microbacia do rio Conrado é ocupada principalmente com explorações econômicas. Constatouse que 12% dessas áreas estão em conflito com as exigências do Código Florestal. O valor das perdas de receita bruta obtida nas áreas de conflito com agricultura temporária totalizou R$ 130.721,80 para a cultura do trigo, e R$ 262.770,40 para a cultura do feijão, já para as atividades pecuárias os valores de perdas variaram desde R$ 103.020,90 na atividade boi de corte até R$ 377.268,10 na atividade bovinocultura de leite. Nas propriedades agrícolas analisadas o conflito observado variou de 0,58% a 45,78% do total da área de cada propriedade e o valor das perdas de R$ 479,83 até R$ 161.950,16. / The search for environmental law enforcement, especially the forest code, reducing the degradation of natural resources and economic survival is exposing a new reality of production in rural areas. Study and evaluate the implementation of the socioeconomic impacts of the forestry code in the Conrado River microbasin and 15 farms belonging to their geographic area was the focus of this research. The evaluation was based on the estimated gross revenue from economic activities have been valued based on economic data of price and productivity in areas that had conflict with the Permanent Preservation Areas and the Legal Reserve. We compared the gross revenue obtained from agricultural activities with a total income of the micro basin and each of the properties. The study was conducted in an environment of geographic information systems where they can visualize and quantify the areas of conflict. The results showed that the Conrado River microbasin area is occupied mainly with economic farm, about 1630 ha (about 4028 acres). It was found that 12% of these areas are in conflict with the requirements of the Forest Code. The value of lost gross revenues achieved in the areas of conflict with temporary agriculture ranges from R $ 130,721.80 for the cultivation of wheat, to R $ 262,770.40 for the bean crop, already for livestock operations losses if the values are established from R $ 103,020.90 in the activity of beef cattle and R $ 377,268.10 in the activity of dairy cattle. On farms analyzed the perceived conflict varies from 0,58% to 45,78% of the total area of each property, values established from R $ 479,83 up to R $ 161.950,16.

The purpose of this thesis is to propose a model of integrated resources management which uses techniques of negotiation and agreements to involve all interested parties in the decision making process. The thesis is developed in two parts. Part I defines the model and principles which are applied in Part II to a case study of forestry planning in community watersheds. For some years now there have been calls for natural resources management on an ecological basis. To achieve this, the law must define legal rights and procedures which ensure that all affected human interests are taken into account in management decision-making. The decision-making is characterized as a bargaining process aimed at balancing the competing interests of all affected parties. Bargaining connotes a use of negotiation and agreement. However, the established legal uses of these techniques are restricted to situations involving few parties. Complex integrated resources management has been conducted primarily through expert discretionary administration. But bureaucratic administration of complex issues is now understood as an inherently political process fraught with scientific and values uncertainties and lacking legitimacy because it is not effectively accountable to the parties whose interests are affected. The recent experience with environmental alternative dispute resolution ("ADR") suggests techniques for all affected parties to be taken into account by representative negotiation and agreement. A review of examples of environmental ADR provides some principles about the use of negotiation and agreements to supplement the regulatory processes of integrated resources management. Those principles relate to the assertion of legal rights, the need to remedy dissatisfaction with judicial procedures and the adversary system as means to challenge regulatory decisions, the negotiation process itself, and the regulatory approval and implementation of negotiated agreements. The case study commences with an analysis of the legal context. It reveals an uncertain regime of legal rights and authority. The Ministries involved have great discretionary authority; the forest licensee's legal relations are principally of a contractual nature with the Crown; and the water licensees' rights are ill-defined. This uncertain legal regime does not facilitate bargaining between the affected resource licensees. The integrated resources management framework established under administrative authority does have the potential to facilitate bargaining. Whilst the new framework is innovative and establishes new institutions, rights and duties, it is difficult to determine authoritatively the elements of that framework because they are found only in a set of policy documents and are still subject to the uncertainty of administrative discretion. Negotiation and agreements may occur in a number of different contexts in the integrated resources management framework, especially in the context of the Technical Review Committee which is the main arena for negotiation between the interested parties. There is a commentary on the negotiation process, much of the material for which was gathered in interviews with representatives of the parties involved. Various reforms of the framework should be considered to facilitate bargaining and confine administrative discretion. Principal among these are the right of all parties to appeal to an administrative tribunal when the regulatory decision is made without the consensus of the negotiating committee, and clarification of the method of adjudicating compliance with regulatory conditions. In summary, the whole framework established by the policy documents should be revised and given a legislated base. In doing this, certain legal questions need to be considered. Ultimately, the utility of the model proposed depends upon the capacity of the law to define the various natural resource interests of all people in the community. / Law, Peter A. Allard School of / Graduate

No description available.