South Island Aggregates (SIA)
On November 3, 2016 the BC Court of Appeal allowed the appeals of Cobble Hill Holdings (CHH), South Island Aggregates (SIA) and South Island Resource Management (SIRM) finding that the Province has exclusive jurisdiction to regulate the operation of a quarry and its site reclamation. The Court found that the “on-site facility for backfilling the quarry” reclaims the quarry and is outside the jurisdiction of the Cowichan Valley Regional District (CVRD) to regulate under its zoning power. The Court therefore overturned the BC Supreme Court’s orders with respect to the landfill facility.
The Court did find that with respect to an on-site facility for treating contaminated soil, which is not in operation, local government jurisdiction is engaged as the facility is independent of, and not integral to restoring the landform. The CVRD’s zoning bylaw does not permit the facility. The Court therefore upheld the BC Supreme Court’s order preventing CHH, SIA and SIRM from operating the soil treatment facility.
On March 21, 2016, the BC Supreme Court ruling declared a contaminated soil treatment facility and a landfill facility operated by South Island Resource Management Ltd (SIRM) are not permitted uses on the property located at 640 Stebbings Road, Shawnigan Lake. The court ordered the owners and operators to cease importing waste material, including contaminated soil that is required to be permanently encapsulated in engineered cells on the property.
On March 24, 2016, Cobble Hill Holdings/South Island Aggregates (CHH/SIA) and SIRM filed appeals with the BC Court of Appeal of the order of Mr. Justice Mackenzie along with an application to stay certain orders of the court to permit it to continue the use of the property as a landfill facility pending the hearing and determination of their appeals.
The stay application was heard in Vancouver on April 6, 2016. On April 15, 2016, Madam Justice Kirkpatrick of the BC Court of Appeal granted a limited stay of certain orders of Mr. Justice Mackenzie regarding the contaminated soil treatment and landfill facility at 640 Stebbings Road, Shawnigan Lake. This will allow the operator to continue landfilling contaminated soil on the site.
For two days during the week of August 15, 2016 the appeals by CHH/SIA were heard by the BC Court of Appeal.