238 THE SRITISH COLUMBIA GAZETTE—PART TY February 19, 1974

BC. Beg. 77,78
(8) prior to the expiry date of the pennit
G) to restore the land to a condition ft and suitable for
agricultural use to be approved by the minister; or
(ii) to restore the tand to such condition, and at such time
and in such manner, as the local authority may require; and
(e) to pay for any damage to persons or property which, in the opinion
of the local authority, was caused by the applicant,
and such an undertaking shall be deemed to be a term snd condition of the permit.

(2) The local authority may, as 2 condition of the permit, require the appli-
Cant to give security in cash or certified cheque, or by way of a bond, conditioned
upon and to secure the due performance by the applicant of all the terms and coa-
ditions of the Act, regulations, and the permit, such security to be in such form
and amount as the local authority may require.

(3) It shalt be deemed to be a term and condition of every permit that the
information certified in the application therefor ix true

(4) 1 shall be deemed to be a term and condition of every permit that the
local authority, or any member thereof, or an officer hzs free and unrestricted
access to the land referred to in the permit for the purpose of determining that
the Act, regulations, and the terms and Conditions of the permit are being observed
and performed.

8. The local authority shall not front 2 permit under the Act antil it, or a
member thereof, or an officer has inspected the area and the site of the proposed
removal of topsoil.

9. (1) An applicant for a Permit under section 48 (4) of the Act shall, in
addition to the application and such other matetial as may be required under
these regulations, file with the local authority a certified true copy of the contract
referred to in that section, or such other evidence of the contract as may be re-
quired to prove the contract and the date it was made.

(2) The focal authority may Tequire the applicant to provide such further
documents or evidence as the local authority may consider necessary to prove the
Contract and the date it was made, and, where the local authority is not satisfied with
the proof provided by the applicant, it shall refuse to grant a permit unde section
48 (4) of the Act; but the local authority may, at the request of the applicant, recon-
sider the application as if it were an application for a permit under section 48 (1)
Of the Act and the applicable Provisions of these regulations apply in respect of the
application. : .

(3) Notwithstanding subsection (1), unless authorized in writing by the min-
ister, no person shall apply to a local authority for a permit and no local authority
shall issue 2 permit under section 48 (4) of the Act after the first day of April, 1974.

10. An application for renewal of a permit shalt be made in the same manner
and upen payment of the same fees as an ofiginal application.

11. Every permit shall, subject to section 15 and subject to any earlier date set
out in the permit, expire twelve months after the date the permit was issued.

12. The local authority shall, upon issuing a permit under these regulations,
remit to the local office of the Department of Agriculture a copy of the pennit, the
application, and any other d in its dy pertaining to the application for
the permit.

Ue

February 19,1974 THE BRITISH COLUMBIA GAZETTF—part It Ps) ]
BC arg. 1775

13. The permit holder shail keep the permit prominently displayed at his piace
of business, or at the site from which the topsci? is to be removed.

14. (£) The permit holder shall not transfer or assign the Permit or any inte-

test therein and any Purported wansfer or assignment of the Ferait is void and of
ho effect.

(2) Where a permit holder sells, tronsiess, of otheraise dpoces of
(a) the business of topsoil removal, or a majority interest ther:
(5) the land in Fespect of which the permit was issued,
he shall forthwith cease to remove topsoil and shail deliver the Permit te the focal
authority.

._ §5. The local authority may cancel a permit at any lime during its term where
tt satisfied that any of the matters set out in section 4 (1) has eccersed oe ig bt ely
to occur; but the person affected may appeal the cancelfation persuant to tection 23
(2) of the Aci.
16. No local authority shall require an apmicatina under the ¢ Tepilations
(a) 2 person is engaged in research on behalf uf a univerity 2s defined
in the Universities Act; of
(3) a person is carrying out research or soil testing, of is engised bya
government, regional district, municipality, or any other peste or
Private body to carry out research cr sail testing;
bet such person shall remove oaly such amount of topsoil as is Teasonatly recestsry
for the purpose of such research or testing: or
{c) land is a public highway as defined in the Highway Act.
17, (1) A local authority shall appoint an officer under section $e (1) of the
Act before the first day of April, 1974,
(2) An officer 2ppeinted under subsection C1) shail have, at 24 times, sech
Power and authority to enforce and administer the Act and the regal Son hehall

of the local authority 3s the local authority may authorize or Cueet, including the
Power or autherily to perfurm, on behalf of the temoil commizes, any Cuves pre-
scribed for that committee under the Act or the fegulatons.

18. The iapsoit committee has, 2s its Principal function, the duty of aching
the local authority in the supervision and inspection ef all agricufzural lands ia the
area of the local authority to envure that there is na contravention ef cectica $4 of
the Act, and, for the pur ate May enter use
any agricultural land in

B and enforcing the Act aed the tequila.
Supervising and inspecting all agricultural lir?:
the local authority or the topseit committee, as the case
empower the officer, on its hehslf and ander its dirzstic:
to enter upon any agricutturat lard ia the area of the local authority, and therseps
the officer shati have free and unrestricted night of entry to the agricuttural land for

that purpose.

20. No person shall Prevent, interfere with, of hinder any memter of a iccal
authority, topsoil committee, or an officer in the lawful Performance cf his duties