Archaeological Impact Assessment Guidelines
2.0 Legislation and Administration
British Columbia's archaeological resources are
protected under the
Heritage Conservation Act.
The provisions of the Act apply whether
archaeological sites are located on public or private
land. Archaeological sites are protected through
designation as "Provincial heritage sites" (section 9),
or through automatic protection by virtue of being of
particular historic or archaeological value
(section 13). Protected archaeological sites may not be
altered, i.e. changed in any manner, without a permit
issued by the Minister or designate. The Act affords
considerable discretionary authority in determining if,
and under what conditions, such permits are to be
granted (sections 12 and 14).
Section 14 of the Act empowers the Minister to order
a "heritage inspection" or a "heritage investigation"
where, in the minister's opinion, land contains an
archaeological site protected under section 13, or the
land may be subject to subdivision, alienation from
government ownership, or alteration by natural or human
causes. The purpose of a heritage inspection is to
assess the archaeological significance of land or other
property. In this regard, the inspection determines the
presence of archaeological sites which warrant
protection, or are already protected, under the Act. A
heritage investigation is undertaken in order to recover
information which might otherwise be lost as a result of
site alteration or destruction.
Sections of the Heritage Conservation Act pertaining
to archaeological resources are administered by the
Branch. The role of the Branch is not to prohibit or
impede land use and development, but rather to assist
the Provincial Government in making decisions which will
ensure optimal land use. When the benefits of a project
are sufficient to outweigh the benefits of
archaeological preservation, the Branch's primary
concern is to work with the proponent in determining how
the project may be implemented with minimal loss to
archaeological resource values. If appropriate impact
management practices are adopted, it is usually possible
to minimize the loss of archaeological resource values
in a cost-effective manner. Where the loss of
significant archaeological values cannot be adequately
mitigated, the role of the Branch is to ensure that
appropriate compensatory measures are implemented.
The following objectives reflect archaeological
resource management policy in British Columbia:
- to preserve representative samples of the
province's archaeological resources for the
scientific and educational benefit of present and
future generations;
- to ensure that development proponents consider
archaeological resource values and concerns in the
course of project planning; and
- to ensure where decisions are made to develop
land, the proponents adopt one of the following
actions:
- avoid archaeological sites wherever
possible;
- implement measures which will mitigate
project impacts on archaeological sites; or
- compensate British Columbians for
unavoidable losses of significant archaeological
value.
In managing archaeological resources, the Branch
endeavors to develop a cooperative relationship with
project proponents.
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