Cave Protection Act

Year
2019
Number
B162
Sponsor(s)
Tahsis

Whereas caves are uncommon and unique environments that can harbour rare and threatened species, unique mineralogy and sediments, First Nation heritage values; and are non-renewable, site-specific landscape features with natural, cultural, spiritual, aesthetic and scientific value; And whereas caves are sensitive ecosystems that can underlie developed landscapes and as such are vulnerable to pollution, destruction by quarrying, vandalism, mismanagement, species extinction and general degradation caused by human activities: Therefore be it resolved that the Provincial Government should pass a Cave Protection Act in order to conserve caves, in perpetuity.

Provincial Response

Ministry of Forests, Lands, Natural Resource Operations and Rural Development The Provincial Government acknowledges that caves are uncommon and unique environments that provide a diverse set of natural, cultural, spiritual, aesthetic and scientific values; also, that caves are sensitive to human-caused developments and disturbances. The Province is not pursuing specific legislation for the protection of cave formations at this time because there are a number of existing legislative and policy tools already available to protect and minimize impacts to cave formations. The following are tools to protect caves through legislation and policy in British Columbia: - The Forest and Range Practices Act FRPA and associated Government Actions Regulation GAR enables the identification of karst caves and other significant karst features, by legal order, as a Resource Feature, which in turn requires forest licensees to identify results and strategies for its management as part of Forest Stewardship planning. - GAR orders are also used to establish Wildlife Habitat Areas WHA for habitat of plant and animal species at risk, as well as Wildlife Habitat Features WHF for habitat features requiring special management. These could include cave formations. WHAs and WHFs are a legally-enforceable, site-specific protection for identified speciesfeatures during forest and range practices, authorized under FRPA, and under the Oil and Gas Activities Act. - GAR orders are also considered during the adjudication of Land Act applications to ensure that existing interests and values on Crown land are protected in authorizations for use of Crown land e.g., permitting of activities other than forestry and oil and gas developments. - Any commercial or organized not-for-profit use of caves on Crown Land would need to be reviewed and approved by the Crown Land Authorizations Division CLAD under the Land Act. - Caves are protected where they occur within provincial parks, Wildlife Management Areas, federal parks, and other conservation tenures on Crown Land and on private conservancies e.g., The Nature Trust and The Nature Conservancy of Canada. In 2017, provincial protected areas totalled roughly 15 percent of the province. Spatially Managed Areas and Resource Exclusion Areas, comprising around 25 percent and 12 percent of the province, respectively, also contribute to protection measures where they overlap caves. - Caves are protected through government policy. This is non-legal direction for inventory, assessment and management, including guidance on best management practices. For example, the Ministry of Forests, Lands, Natural Resource Operations and Rural Development maintains the provincial Karst Inventory Standards and Vulnerability Assessment Procedures and the Karst Management Handbook for British Columbia. The handbook identifies recommended best management practices when conducting forest operations on karst terrain. - Best management practices are also available for several sectors in relation to caves as follows: o Best Management Practices for Bats in BC o Caving, Rock Climbing, Geocaching and other Activities Around Cave and Crevice Habitat o Mine Developments and Inactive Mine Habitats o Develop with Care 2014

Convention Decision
Endorsed