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Fish Protection Act and Ground Water Protection |
The fish protection act is designed to protect the “riparian fish habitat”, while facilitating residential development. The regulation requires the local government to protect the “riparian” areas during residential, commercial and industrial development. This is done by making sure land developers are required to hire qualified environmental professionals to assess habitat and the potential impacts. Avoiding harmful alterations to disrupt or cause destruction to the fish habitat is a large priority and is authorized by the Fisheries and Oceans Canada. This only applies to areas that are east of Vancouver Island, lower mainland and the southern interior. This includes capital, central Okanogan, Shipway, Comox, Cowichan Valley, Fraser Valley, Greater Vancouver, Nanaimo, Okanogan, Sunshine Coast and Powell River. Your realtor has a responsibility to provide their clients with information needed to make informed decisions about the type of property and the potential processes that a developer may be subject to. It’s a good idea for your realtor to impute a clause to protect this aspect of the deal.
Sample Clause: “Subject to the buyer receiving and approving independent professional advice concerning any limitations on the use and/or development of the property resulting from the fish protection act, by (Date).
This condition is for the soul benefit of the buyer
This sample clause should not be used. Please consult your lawyer or realtor for advice regarding any subject clauses.
Ground water Protection has been a relatively new regulation that took effect In November of 2005. This regulation is to protect groundwater and wells from contamination. The regulation requires that a property owner of a well do the following:
The Property owner MUST:
(i) Maintain the integrity of the well head and surface seal;
(ii) Engage a qualified well driller if alterations to, or closure of the well are contemplated;
(iii) Ensure the well identification plate remains visible and not damaged;
(iv) Deactivate or permanently close a well that has been out of service
(v) Ensure the well is secretly capped or covered.
Your realtor should advice buyers that a regulation will impose obligations on them if they buy a property that has well. Also, if your considering buying a property with a well, it would be wise to investigate how the previous owner has complied with the regulations.
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