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ARTICLE · 15 MARCH 2013

Peachland (District) v. Peachland Self Storage Ltd., 2012 BCSC 1872

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This case addresses the validity and applicability of a municipal earthworks bylaw that frustrated the terms of a permit issued by the British Columbia Ministry of Energy, Mines and Petroleum Resources under the British Columbia Mines Act.

CanadaEnergy and Natural Resources
Mining Prospects
Mining Prospects
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This case addresses the validity and applicability of a municipal earthworks bylaw that frustrated the terms of a permit issued by the British Columbia Ministry of Energy, Mines and Petroleum Resources (Ministry) under the British Columbia Mines Act.

In June 2007, Peachland Self Storage Ltd. (Self Storage) submitted an application for a Mines Act permit to authorize the extraction of 100,000 cubic metres of material from its aggregate mine. The mine was located within the boundaries of the District of Peachland (District).

In October 2007, the District amended its Earthworks Control Bylaw (Bylaw) to impose an annual 200-cubic-meter limit on soil removal from land within the District.

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