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Part II .

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Oakland Lake Watershed Protected Water Area Designation

made under

Section 106 of the

Environment Act

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

N.S. Reg. 344/2007 (July 18, 2007)

Canada

Province of Nova Scotia

In the Matter of: the Environment Act , S.N.S. 1994-95, c. 1, s. 106

In the Matter of : the designation of an area surrounding Oakland Lake, Lunenburg

County, as a Protected Water Area, to be known as the “Oakland Lake

Watershed Protected Water Area”

Designation of the Oakland Lake Watershed Protected Water Area and

the Making of Regulations with Respect Thereto

Whereas the Oakland Lake Protected Water Area Designation, N.S. Reg. 245/2007, made by

the Nova Scotia Water Authority by order dated August 30, 1963, and published in the Royal

Gazette

Part II on May 25, 2007, defined and prescribed an area surrounding Oakland Lake,

Lunenburg County, as the source of public water supply for the Town of Mahone Bay;

And

Whereas subsection 106(1) of

Chapter 1 of the Acts of 1994-95, the Environment Act ,

provides for the designation by the Minister of Environment and Labour of a protected water

area and subsection 106(6) of the Act provides for the making of regulations to prohibit,

regulate or require the doing of any act or acts in a protected water area that may impair or

prevent the impairment, as the case may be, of the quality of the water in the protected water

area;

And

Whereas subsections 106(4), (5), (5A) and (5B) of the Environment Act provide as

follows:

(4) When requested by an operator of a water works or proposed water works, the

Minister may cancel a designation made pursuant to this Section, in whole or in part.

(5) Any protected water area designated pursuant to the Water Act , prior to the coming

into force of this Act remains so designated.

(5A) Any area surrounding a source of public water supply defined and prescribed

pursuant to

Section 16 of

Chapter 42 of the Acts of 1963,

An Act to Amend the

Water Act , is deemed to be a protected water area designated pursuant to the

Water Act and remains so designated.

(5B) Any designation of a protected water area and any regulations regulating an activity

in a designated protected water area that is referenced in subsection (5A) or were in

effect on April 1, 1977, are deemed to have been filed pursuant to subsection 24(1)

of the Regulations Act before April 1, 1978.

And

Whereas the Town of Mahone Bay Water Utility, operator of the Oakland Lake Water

Treatment Plant, has requested that the Minister of Environment and Labour cancel the Oakland

Lake Protected Water Area Designation, N.S. Reg. 245/2007;

And

Whereas the Town of Mahone Bay Water Utility has requested that the Minister of

Environment and Labour designate the Oakland Lake watershed as a protected water area in

order to protect the quality of the surface water and groundwater resource as a public water

supply;

And

Whereas the Town of Mahone Bay Water Utility has provided opportunities for public

consultation, including public meetings and the establishment of the Oakland Lake Watershed

Advisory Committee, an advisory committee comprising representatives of the Province of

Nova Scotia, the Town of Mahone Bay, the Municipality of the District of Lunenburg, members

of the general public and landowners;

Therefore pursuant to

Section 106 of

Chapter 1 of the Acts of 1994-95, the Environment Act ,

the undersigned, Mark Parent, Minister of Environment and Labour, hereby

(

a) cancels the Oakland Lake Protected Water Area Designation, N.S. Reg.

245/2007;

(

b) designates the area comprising the topographic drainage area surrounding

Oakland Lake more fully described in

Schedule “A” as a protected water area,

to be known as the “Oakland Lake Watershed Protected Water Area”; and

(

c) makes regulations respecting activities in the Oakland Lake Watershed

Protected Water Area, in the form set forth in

Schedule “B”.

Schedule “A”

Oakland Lake Watershed Protected Water Area Boundary Description

All and singular that certain lot, piece, parcel or tract of land and land covered by water located

at or near Oakland and Mahone Bay, Lunenburg County, in the Municipality of the District of

Lunenburg, Province of Nova Scotia, shown outlined in red on the attached Map “A” - Oakland

Lake Watershed Protected Water Area, prepared March 2007 by the Municipality of the District

of Chester Planning Department and filed with the office of the Chief Administrative Officer of

the Town of Mahone Bay.