West Coast Environmental Law
Research Foundation Workshop

SFU Harbour Centre, Vancouver, Friday, June 14, 1996

Case Studies, Emma Child, Land for Nature Initiative

No speaking notes available

No notes from Emma Child's speech are available. The following is a summary made at the workshop.

Summary Land for Nature has tended to take a voluntary rather than a legal approach. One project that they are involved with is the Private Land Stewardship program in the Abbotsford-Chilliwack area of the Fraser Valley. They have focused on two small streams in Abbotsford. Visits are made to landowners to talk about the natural value of the land and what they can do to maintain it. An awareness raising materials are provided.

There is a desire to go beyond this educational role to give information on available legal tools such as conservation covenants, management plans and agreements with NGOs/municipalities. The main problem in this regard is that the requirements are fairly daunting. Information that is available from WCELA or the province is too detailed and is not really readable. There is a need for a one page brochure to get the information out in a simplified format. In addition, once landowners are interested, there is not a lot of support available to them or to groups like Land for Nature. There is no central body providing information or advice. There may be a local situation where there isn't an NGO to hold the covenant or there is an uncooperative municipality.

Taxation must provide clear incentives. Clear information about assessment is necessary. Landowners don't really want to be on the cutting edge, but would rather have tried and true solutions.

A further issue is presented by the fact that there may be many properties affecting habitat. Where there are many small pieces of land, how do you get people to work together? In Abbotsford for example, one creek they were working on involved two hundred people in just eleven kilometres of stream. Covenants currently tend to be in place where there are not small lots. With big lots, more land is protected for your efforts.

Discussion

Question. Have there been any success stories with one or two lot sections. There is a creek on the Willow system where people are interested.

Response. Not in Abbotsford. We didn't give legal options because we felt we lacked experience.

Question. Are there other groups doing landowner contact work?

Responses. Cowichan Valley, Turtle Island Earth Stewards, Nature Conservancy.

There was a study of land trusts and covenants done by Calvin Sandborn. There was a private members Land Trust bill in 1995, and there will probably be renewed effort in this area. Groundwork has been done.

Another point on the Stewardship Bylaw document. David Lane has been a primary contact person with UDI on this issue and they are moving towards resolution. Part of delay was from him. A parallel document of case examples and best practices will be useful to go with it.

Question (to Craig) Are you aware of any enforcement actions against those exceeding their water licences?

Response. None that he knows of.

Question. Canadian Wildlife Service last year [proposed up to 100% tax break] for environmentally sensitive lands for five years. This would provide big financial incentives for people. Concrete incentive to use land in natural way.

Certain tax issues still need clarification. What makes a donation voluntary in order to get the tax break for example. If action is attached to regulation, it is not considered voluntary.

Comment on the one dollar fine in Harrison. There was also a court order to remove foreshore fill and remediate as well.

Question. How do NGOs find it when they approach landowners?

Responses. They are generally receptive and interested. The Federation takes a non-confrontational approach to landowner contacts.

Information should be well received even by UDI since salmon can improve the value of the land.