Land Use Objective Regulation (LUOR) An overview.

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Presentation transcript:

Land Use Objective Regulation (LUOR) An overview

What I’m going to talk about  Background/Context  Successes and Lessons Learned  The Future

LUOR  LUOR is ILMB/MAL administered regulation  LUOR in force since spring 2006  A regulation under the Land Act, and not a FRPA regulation  The LUOR replaces the Strategic Planning Regulation under the Code

How is the LUOR different  Different from FRPA and regulations –Not bound by 6% impact cap of FRPA –More emphasis on social economic and environmental balance than FRPA  Different from old Strategic Planning Regulation (SPR) under Code –Includes more criteria and assessments than the SPR

LUOR – the criteria/assessments  The LUOR contains “criteria” that must be considered before any land use objectives can be established. –Add value - No duplication –Determine conflicts –Provide balance –Importance outweighs adverse impacts –Consider public review comments

How is the LUOR different  Mandatory amendments –LUOR order can ensure that approved FSPs reflect newly established LUO through mandatory amendment provision  4 month rule –LUOR order can come into effect immediately if specified in order

LUOR  Main aspects of LUOR –Establish land use objective for forest values –Not affected by impact cap –More emphasis on 3 way balance - social economic and environmental –Includes criteria/assessments the minister or delegate must consider before establishing an order –LUOR objectives can come into effect immediately (the default is the 4 month rule) –LUOR objectives can trigger mandatory amendments to FSP (default is waiting 2 years)

 Successes/ Lessons Learned

Successes Overall  Awareness and familiarity with LUOR by Executive and Minister  Draft LUOR Policy and Procedures Guide  Having orders reviewed by AGs – invaluable

Lessons Learned  Integration between agencies –What legal tool to use –Overlaps –Smooth implementation of legal objectives

Lessons Learned  Results Based Framework can accommodate detailed objectives –Must be assessed on a case by case basis  Experience shows LUO fall along spectrum depending on situation –Broad enabling objective to specific and detailed objective

Lessons Learned  G2G agreements will influence the type and range of objectives –I.e. South Central Coast Order  We will likely see more G2G objectives

 The Future

Business Case  Business Case Approach – next fiscal –demonstrated need for land use objectives –Interagency support –an approved business case template/report to be released this fall

Expanding Land Act authority  Looking at amendments to the Land Act  Ensuring Land Act tenuring permitting licensing recognizes LUOR objectives –Crown Land Administration decisions

 Cabinet Order - designating Crown land and establishing objectives  Officials under Land Act or other Acts must exercise their authority consistent with designation & established objectives –Biodiversity Tourism Areas –Cultural Values –Caribou