The Lindsay-Dickson Nature Reserve Conservation Covenants, held by the Denman Conservancy Association (DCA), were registered on title in October 2008, completing a 17-year effort to ensure protection of the area in perpetuity. The 52-hectare Reserve is comprised of two legal parcels, each with its own covenant. The intent of the covenants is:
- “to protect, preserve, conserve, maintain, enhance or restore the Land and the Amenities, in a natural state; and
- to prevent any occupation or use of the Land that will impair or interfere with the natural state of the Land or the Amenities.”
Although the intent is the same for each covenant, there is a distinct provision on agricultural use in the covenant on one of the parcels. Registration of the covenants required the approval of the Agricultural Land Commission (ALC). One of the parcels is entirely in the Agricultural Land Reserve (ALR) Nevertheless the ALC, recognizing its important ecological features such as large Douglas fir first growth trees, agreed that strict conservation provisions could apply preventing any alteration of the land by agricultural use. However, on the other parcel, the ALC did not want to preclude agricultural use should it be warranted in the future and thus, the following provision applies: “Notwithstanding any other provisions in this Agreement, nothing in this Agreement prohibits the use of any portion of the Land that is within the Agricultural Land Reserve under the Agricultural Land Commission Act for farm purposes under that Act.” DCA is both the Reserve Covenant Holder and Manager. The Reserve’s owner, the Islands Trust Fund, does not anticipate farm use in the foreseeable future.
