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Mill Lakes Watershed Protected Water Area Regulations

made under subsections 106(1), (4) and (6) of the

Environment Act

S.N.S. 1994-95, c. 1

N.S. Reg. 75A/2017 (April 21, 2017)

Citation

1 These regulations may be cited as the Mill Lakes Watershed Protected Water Area

Regulations .

Interpretation

2 In these regulations,

“Act” means the Environment Act ;

“Department” means the Department of Environment;

“off-highway vehicle” means an off-highway vehicle as defined in the Off-highway

Vehicles Act ;

“pesticide” or “pest control product” means a pesticide or pest control product as

defined in the Act;

“Protected Water Area” means the land and water designated by the Minister under

subsection 106(1) of the Act as the Mill Lakes Watershed Protected Water Area, as

described in

Schedule “A” to the designation;

“release” means release as defined in the Act;

“vessel” means a means of conveyance used on water and includes any accessory to

the vessel;

“Water Works Operator” means the Town of Windsor, operator of the Town of

Windsor Water Utility.

“watercourse” means a watercourse as defined in the Act;

“watershed” means a watershed as defined in the Act;

“wetland” means a wetland as defined in the Act.

Removal of signs prohibited

3 A person must not remove or alter any sign or notice posted by the Water Works Operator

under clause 106(2)(

c) of the Act.

Prohibited and restricted activities

4 A person must not do any of the following things in the Protected Water Area:

(

a) except as provided in

Section 5, fish in any watercourse;

(

b) swim or bathe in any lake or watercourse;

(

c) except as provided in

Section 5, boat in any watercourse;

(

d) skate or engage in any other ice surface recreational activities;

(

e) operate a vehicle on or over any watercourse, except at a bridge or crossing

approved by the Department;

(

f) except as provided in

Section 5, operate an off-highway vehicle in or on a

watercourse;

(

g) wash a vehicle, vessel or mechanical equipment;

(

h) carry out maintenance, other than emergency repair, of a vehicle, vessel or

machinery.

Exceptions for landowners

5 An owner of land in the Protected Water Area may do any of the following:

(

a) fish in Mill Lakes;

(

b) use any of the following on Mill Lakes:

(

i) a rowboat, canoe, or other non-motorized vessel,

(ii) a vessel powered by an electric motor;

(

c) for the sole purpose of accessing their land, operate an off-highway vehicle on

Mill Lakes when the lakes are covered by ice, but only if it is safe to do so.

Forestry restrictions

6 A person must not harvest more than 50 000 board feet or 100 cords of wood in 1 calendar

year on land within the Protected Water Area unless the landowner has submitted a

forestry plan to the Water Works Operator and the Water Works Operator has granted

written permission for the harvesting.

Prohibition on release of substances

7 A person must not release or cause or permit the release of any substance that impairs or

may impair water quality in the Protected Water Area, including

(

a) oil;

(

b) petroleum products;

(

c) soap;

(

d) detergent;

(

e) toxic chemicals;

(

f) pest control product waste;

(

g) garbage, litter or solid or liquid waste; and

(

h) any substance or material that causes or may cause an adverse effect.

Prohibition on landfills

8 A person must not establish any form of dump, landfill, compost operation, or waste

disposal site in the Protected Water Area.

Soil erosion and sedimentation control

(1) A person must not undertake any activity that causes or might cause soil erosion

resulting in sediment being deposited in any watercourse or wetlands within the

Protected Water Area.

(2) A person who contravenes subsection (1) must immediately do all of the following

things:

(

a) cease the activity causing sedimentation and take measures to control the soil

erosion and sediment deposition;

(

b) notify the Water Works Operator.

Road construction and maintenance restrictions

(1) A person must not begin constructing a road within the Protected Water Area unless

the person has submitted plans for the road construction to the Water Works

Operator and the Water Works Operator has granted written permission for the

construction.

(2) An owner of, operator of or person responsible for a road, bridge or culvert within

the Protected Water Area must maintain and repair the road, bridge or culvert to the

satisfaction of the Water Works Operator.

Pest control products

(1) Except as provided in subsection (2), a person must not use pest control products

within the Protected Water Area unless the person has

(

a) provided the Water Works Operator with a copy of any approval issued by the

Minister in relation to the use; and

(

b) received written permission from the Water Works Operator for the use.

(2) Subsection (1) does not apply to the use of pest control products for any of the

following purposes:

(

a) small-scale personal use, such as the application of mosquito repellent;

(

b) application within a structure such as a camp.

Watercourse or wetland alteration

12 A person must not alter or begin any activity that will result in altering the natural features

of any watercourse or wetland or the natural movement of water within the Protected

Water Area unless the person has provided the Water Works Operator with a copy of

(

a) if an approval was required, a copy of the approval received from the

Department for the activity; or

(

b) if a notification was required, a copy of the notification submitted to the

Department and a copy of the notification receipt received from the

Department.

Easement restriction

13 A person must not begin construction of or maintenance work on a public road, pipeline,

railway, powerline or similar undertaking within the Protected Water Area unless the

person has

(

a) provided the Water Works Operator with plans for the construction or

maintenance; and

(

b) received written permission from the Water Works Operator.

Gravel and mineral extraction

(1) Except as provided in subsection (2), a person must not operate or use any pit, mine

or quarry to extract gravel, rock or minerals within the Protected Water Area unless

the person has

(

a) provided the Water Works Operator with a copy of any approval issued by the

Minister in relation to the pit, mine or quarry; and

(

b) received written permission from the Water Works Operator for the operation

or use.

(2) Subsection (1) does not apply to a landowner using granular material for building

and maintaining roads on their woodlot.

Prohibition on agriculture

(1) A person must not pasture any cow, sheep, horse, pig or other domesticated animal

within the Protected Water Area.

(2) A person must not pile or accumulate agricultural refuse or farm waste such as

manure and compost within the Protected Water Area.

Prohibition on aquaculture

16 A person must not conduct aquaculture activities within the Protected Water Area.

Application for written permission

(1) On receipt of an application for written permission to conduct an activity in the

Protected Water Area, the Water Works Operator may request the applicant to

provide further information reasonably related to the activity.

(2) An application for written permission is not considered complete until the Water

Works Operator receives any further information requested under subsection (1).

Timing of Water Works Operator’s decision

18 The Water Works Operator must respond to an application for written permission to

conduct an activity no later than 10 working days after the date the completed application

is received.

19 Written permission granted by the Water Works Operator under these regulations may

of the Water Works Operator, necessary to protect the water quality in the Protected Water

Area.