Finds Must be reported
Archaeological finds must be reported by Owner
Alberi Valley News
by Julia Caranci, Nov.3, 2006 Page A3
The onus to report archaeological finds on private property is in the hands of the owners of the land, say Alberni-Clayoquot Regional District (ACRD) officials.
As reported in the Times, the Huu-ay-aht First Nation is calling on the regional district to protect a sensitive archaeological site in Bamfield threatened by re-development.
The site is situated south of Aguilar Point, on the property occupied by Aguilar House.
HFN chief councillor Robert Dennis said the site has been partially excavated in the course of expanding the resort.
The band has referred the issue to legal counsel because they say the regional district has a duty to consult with First Nations on any development that impacts archaeological sites and the development is in violation of regulations governing such finds.
Dennis is calling for full and adequate consultation and is seeking a cease and desist order.
However, at Wednesday's ACRD meeting, administrator Bob Harper said while the ACRD will co-operate in any way it can, the onus to report and deal with such findings is ultimately in the hands of the property owners.
"The legislation puts the onus on not disturbing the site on the property owner, and there are very serious penalties," Harper said.
"That is the message to the owners - they are duty bound not to disturb it and to report it."
Long Beach Director Tony Bennett added that once a permit is issued, then requiring consultation may fly in the face of private property rights.
"If the regional district issues a permit that requires consultation with First Nations - that says it's a veto," Bennett said. "This does not help the concept of private property."
In the interim, Dennis has received an e-mail from regional building inspector Don Anderson advising that 'We do not have a policy of checking for archaeological sites when processing a building permit.'
Anderson advised he was aware there was an archaeological site on the knoll, which wasn't anywhere near the construction. The work on the beach doesn't require a building permit from ACRD because it is out of their jurisdiction.
According to regional planner Rick Stuckenberg, the new owners of the property applied for a building permit to make changes within the existing footprint of the premises - the marine foreshore (where the site was uncovered) falls under provincial government regulations.
Cultural sites can be in the form of middens, which are accumulations of artifacts - usually everyday items - that provide an invaluable window on the people who lived there.
Burial sites are another matter entirely. The band has said their preference is for any remains to be left where they are, undisturbed.
At Wednesday's meeting Harper suggested an education process may be beneficial - perhaps putting an information brochure in with building permits as to what owner obligations are in these circumstances.
"The story's not finished yet," Harper said.