Newfoundland and Labrador Gazette, Part I — 11 October 2002, Vol. 77, No. 41 — Urban and Rural Planning Act Notice of Registration

NLG 2002-10-11

Newfoundland and Labrador — Gazette

635 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 77 ST. JOHN'S, FRIDAY, OCTOBER 11, 2002 No. 41 MUNICIPALITIES ACT ORDER RESPECTING A FEASIBILITY REPORT I, Oliver Langdon, Minister of Municipal and Provincial Affairs, pursuant to the provisions of the Municipalities Act, make the following Order: ORDER 1. A Feasibility Report shall be prepared to consider the proposed inclusion of the Ridgemont Mines site within the Town of King’s Point. 2. Derrick Watton is hereby appointed to prepare the said Feasibility Report. 3.

The Feasibility Report shall be prepared in accordance with the provisions of the Municipalities Act and shall consider the benefits to the community and the impact on the viability of the mine and shall be completed and submitted to me on or before the 6 th day of December, 2002. Dated at St. John’s, this 1st day of October, 2002.

OLIVER LANGDON Minister of Municipal & Provincial Affairs Oct 11 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF PLACENTIA MUNICIPAL PLAN AMENDMENT NO. 11, 2001 AND DEVELOPMENT REGULATIONS AMENDMENT NO.15, 2001 Take notice that the Town of Placentia Municipal Plan Amendment No. 11, 2001 and Development Regulations Amendment No. 15, 2001 adopted on the 21 st day of May 2002 (as amended) and approved on the 30 th day of July 2002, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of Municipal Plan Amendment No 11, 2001 is to further implement the Town of Placentia’s goals for heritage conservation and townscape improvements. In general terms, the purpose of the Municipal Development Regulations Amendment No. 15, 2001 is to run concurrent with the Munici pal Plan Amendment No. 11, 2001. The Town of Placentia Municipal Plan Amendment No 11, 2001 and Development Regulations Amendment No 15, 2002 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wishes to inspect a copy of the Town of Placentia Municipal Plan Amendment No. 11, 2001 and Development Regulations Amendment No. 15, 2001 may do

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 11, 2002 636 so at the Town office, Placentia during normal working hours. TOWN OF PLACENTIA Town Clerk Oct 11 NOTICE OF REGISTRATION CITY OF MOUNT PEARL MUNICIPAL PLAN AMENDMENT NO. 49, 2002 AND DEVELOPMENT REGULATIONS AMENDMENTS NO. 121, 2002 TAKE NOTICE that the City of Mount Pearl Municipal Plan Amendment Number 49, 2002 and Development Regulations Amendment Number 121, 2002, adopted by Council on the 20 th day of August, 2002, and approved on the 17 th day of September, 2002, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of Municipal Plan Amendment Number 49, 2002 is to re-designate property at 1 Churchill Avenue from Institutional to Residential. This designation change will permit the subdivision of the property into two lots, separating First United Church from the Church Manse and thus allowing the Manse to be sold as a private residence. In general terms, the purpose of Development Regulations Amendment Number 121, 2002 is to re-zone lands as described from Public and Community Services (PB) to Residential Medium Density (RMD) to coincide with the re-designation of Plan Amendment 49, 2002.

The Mount Pearl Municipal Plan Amendment Number 49, 2002 and Development Regulations Amendment Number 121, 2002 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Mount Pearl Municipal Plan Amendment Number 49, 2002 and Development Regulations Number 121, 2002 may do so at the Mount Pearl City Hall, 3 Centennial Street during normal working hours. CITY OF MOUNT PEARL Per: Gerard Lewis, City Clerk Oct 11 NOTICE OF REGISTRATION TOWN OF PORTUGAL COVE/ST.

PHILIPS DEVELOPMENT REGULATIONS AMENDMENT NO. 7, 2002 Take notice that the Town of Portugal Cove/St. Philips Development Regula tions Amendment No. 7, 2002 adopted and approved on the 25 th day of June, 2002, has been registered by the Minister of Municipal and Provincial Affairs. In general terns, the purpose of the Development Regulations Amendment No. 7, 2002, is to re-designate land located off Dogberry Hill Road from Development Scheme Area 12 to Rural Residential. The purpose of the amendment is to allow for a new seven (7) lot residential subdivision. The Town of Portugal Cove/St.

Philips Development Regulations Amendment No. 7, 2002, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Town of Portugal Cove/St. Philips Development Regulations Amendment No. 7, 2002, may do so at the Town Office, Portugal Cove/St. Philips during normal working hours. TOWN OF PORTUGAL COVE/ST.

PHILIPS Town Clerk Oct 11 NOTICE OF REGISTRATION TOWN OF CARBONEAR MUNICIPAL PLAN AMENDMENT NO. 1, 2002 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2002 Take notice that the Town of Carbonear Municipal Plan Amendment No. 1, 2002 and Development Regulations Amendment No. 2, 2002, adopted on the 9 th day of July, 2002, (as amended) and approved on the 9 th day of September, 2002, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of Municipal Plan Amendment No. 1, 2002 is to extend the residential rural designation along Valley Road, across from Carbonear Collegiate School, to accommodate additional residential development. In general terms, the purpose of Development Regulations Amendment No. 2, 2002 is to carry out Municipal Plan Amendment No. 1, 2002.

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 11, 2002 637 The Carbonear Municipal Plan Amendment No. 1, 2002 and Development Regulations Amendment No. 2, 2002 come into effect on the day th at this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Carbonear Municipal Plan Amendment No. 1, 2002 and Development Regulations Amendment No. 2, 2002 may do so at the Town Office, Carbonear during normal working hours.

TOWN OF CARBONEAR Town Clerk Oct 11 NOTICE OF REGISTRATION TOWN OF CONCEPTION BAY SOUTH DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2002 Take notice that the Town of Conception Bay South Development Regulati ons Amendment No. 2, 2002, adopted and approved on the 17 th day of September 2002 has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of the Development Regulations Amendment No. 2, 2002 is to - Add conditions dealing with the location, size, height and number of accessory building on residential lots; increase the requirement for the diameter of a turning circle at the end of a cul de sac street; add a sideyard requirement on the flanking street of corner lots to the residential and commercial land use zones set out in

Schedule C of the Development Regulations The Town of Conception Bay Development Regulations Amendment No. 2, 2002 comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone, who wishes to inspect a copy of the Town of Conception Bay Development Regulations No. 2, 2002 may do so at the Town Office in Manuels during normal work hours.

TOWN OF CONCEPTION BAY SOUTH Planning Department Oct 11 NOTICE OF REGISTRATION TOWN OF TORBAY DEVELOPMENT REGULATIONS AMENDMENTS NOS. 4 AND 5, 2002 Take notice that the Town of Torbay Development Regulations Amendments Nos. 4 and 5, 2002 adopted and approved on the 5 th day of September, 2002, has been registered by the Minister of Municipal and Provincial Affairs.

In general terns, the purpose of the Development Regulations Amendment No. 4, 2002, is to add condition “f” and condition “g” to the Residential Infill (RI) Land Use Zone Table giving Council the authority to set the frontage or the rearyard depth for an infill serviced lot. These conditions may only be implemented where Council is satisfied that sufficient land is unavailable to meet the minimum frontage of 18.2 metres or the rearyard depth of 14 metres for this land use zone.

The purpose of Development Regulations Amendment No. 5, is to add further conditions for minimum and maximum (setback, sideyard, rearyard, etc) depths to the Residential Large Lot (RLL) Land Use Zone. The Town of Torbay Development Regulations Amendments Nos. 4 and 5, 2002, comes into effect on the day that this notice is published in The Newfoundland Gazette. Anyone who wishes to inspect a copy of the Town of Torbay Development Regulations Amendments Nos. 4 and 5, 2002, may do so at the Town Office, Torbay, during normal working hours. TOWN OF TORBAY Town Clerk Oct 11 NOTICE OF REGISTRATION ST.

JOHN’S URBAN REGION REGIONAL PLAN AMENDMENT NUMBER 1, 2002 AND ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 143, 2002 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 254, 2002 Take notice that the St. John’s Urban Region Regional Plan Amendment Number 1, 2002, the St. John’s Municipal Plan Amendment Number 143, 2002 and the St. John’s Development Regulations Amendment Number 254, 2002 have been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of St.

John’s Urban Region Regional Plan Amendment Number 1, 2002 is to redesignate the area within th e Kilbride Service limits from “Rural” to “Urban Expansion” In general terms the purpose of St. John’s Municipal Plan Amendment Number 143, 2002 is to amend the land use designation of properties in the Bay Bulls Road area of Kilbride from the “Rural District” to the “Residential

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 11, 2002 638 Low Density District” to reflect the fact that municipal water and sewer services have been extended to this area. In general terms the purpose of St. John’s Development Regulations Amendment Number 254, 2002 is to amend the land use zoning designations of properties in the Bay Bulls Road area of Kilbride from the “Rural Residential Infill (RRI) Zone” and the “Rural (

R) Zone” to the “Residential Low Density (R1) Zone” to reflect the fact that municipal water and sewer serv ices have been extended to this area. The St. John’s Urban Region Regional Plan Amendment Number 1, 2002, the St. John’s Municipal Plan Amendment Number 143, 2002 and the St. John’s Development Regulations Amendment Number 254, 2002 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the St. John’s Urban Region Regional Plan Amendment Number 1, 2002, the St. John’s Municipal Plan Amendment Number 143, 2002 and St.

John’s Development Regulations Amendment Number 254, 2002 may do so at the City of St. John’s Department of Engineering and Planning Department, 3 rd Floor, City Hall during regular business hours (Monday through Friday, 9:00 a.m. to 4:30 p.m.) CITY OF ST.

JOHN’S Engineering & Planning Department Per: Cliff Johnston Oct 11 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Stephen Dicks, Late, of the Town of Burin, in the Province of Newfoundland and Labrador, Canada, Retired Railway Employee, Deceased All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Stephen Dicks, late of the Town of Burin, in the Province of Newfoundland and Labrador, Retired Railway Employee, deceased, are hereby requested to send particulars of the same in writing, duly attested, to the undersigned Solicitors for the Executors of the Estate on or before the 7 th day of November, 2002 after which date the said Executors will proceed to distribute the said Estate having regard only to the claims of which they shall then have had notice.

DATED AT the Town of Marystown, in the Province of Newfoundland and Labrador, this 3 rd day of October, 2002. PICCO & WHITE LAW OFFICE Solicitors for the Executors Per: Terry D. White ADDRESS FOR SERVICE: P. O. Box 1176 195-197 McGettigan Boulevard Marystown, NF A0E 2M0 Oct 11 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that Byron Noble of Springdale, Newfoundland and Labrador intends to apply to the Department of Governme nt Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) of the said Act, all that piece or parcel of Crown Land situated within fifteen metres of the waters of Davies Brook, in the electoral district of Windsor- Springdale, Newfoundland and Labrador, for the purpose of Parking Lot and being more particularly described as follows: Bounded on the North by Davies Brook for a distance of 12 m; Bounded on the East by Crown Land for a distance of 0 m; Bounded on the South by Highway 390 for a distance of 12 m; Bounded on the West by Davies Brook for a distance of 4 m; and containing an area of approximately 740 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Central Regional Lands Office, P. O. Box 2222, Gander, NF., A1V 2N9. For further information regarding the proposed application, please contact Byron Noble, (709) 673-4600. Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 11, 2002 639 Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. Oct 11 NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that Harold Young of Mount Pearl, Newfoundland and Labrador intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) of the said Act, all that piece or parcel of Crown Land situated within fift een metres of the waters of Paddy’s Pond, in the electoral district of Topsail, Newfoundland and Labrador, for the purpose of constructing a Hanger and Slipway for float equipped aircraft and being more particularly described as follows: Bounded on the North by Paddys Pond for a distance of 15 m; Bounded on the East by Paddys Pond for a distance of 15m; Bounded on the South by Paddys Pond for a distance of 15 m; Bounded on the West by Paddys Pond for a distance of 15 m; and containing an area of approximately 1800 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NF A1B 4J6. For further information regarding the proposed application, please contact Harold Young, (709) 685-6741. Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. Oct 11 NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that South Coast Aquaculture of St. John’s, Newfoundland and Labrador intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) of the said Act, all that piece or parcel of Crown Land situated within fifteen metres of the waters of Bay East, in the electoral district of Bellevue, Newfoundland and Labrador, for the purpose of Constructing a Wharf (approximately 50 feet by 20 feet) and being more particularly described as follows: Bounded on the North by Bay East for a distance of 50 m; Bounded on the East by Crown Land for a distance of 50m; Bounded on the South by Crown Land for a distance of 50 m; Bounded on the West by Crown Land for a distance of 50 m; and containing an area of approximately 2500 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St John’s, NF A1B 4J6. For further information regarding the proposed application, please contact Jim Moores, (709)364-2722. Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. Oct 11 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- KRISTA LEE TUCKER of 1103 Cavendish Crescent, Labrador City, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from DYLAN RANDY MICHAEL SIMMS to DYLAN RANDY MICHAEL SIMMS-TUCKER DATED this 16th day of September, 2002.

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 11, 2002 640 KRISTA LEE TUCKER (Signature of Applicant) Oct 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SERENA FEWER of 4 Haig Road, Grand Falls-Windsor, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from SAMANTHA MARIE BOUZANE to SAMANTHA MARIE FEWER DATED this 23rd day of September, 2002.

SERENA FEWER (Signature of Applicant) Oct 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ERIN ANN BENNETT MALONEY of 12 Malta Street, St. John’s, A1C 4S1, in the Province of Newfoundland and Labrador, as follows: To change my name from ERIN ANN BENNETT MALONEY to ERIN ANN BENNETT DATED this 3rd day of October, 2002.

ERIN ANN BENNETT MALONEY (Signature of Applicant) Oct 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- DEANNE MARGARET WALSH of 5 Lewington Place, Gander, A1V 2M9, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JACOB THOMAS WHALEN to JACOB THOMAS WALSH DATED this 30th day of September, 2002.

DEANNE WALSH (Signature of Applicant) Oct 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BRADLEY PAUL SNOW of 38 Gilbert Street, St. John’s, A1C 1X5, in the Province of Newfoundland and Labrador, as follows: To change my name from BRADLEY PAUL SNOW to BRADLEY PAUL VOSS DATED this 18th day of September, 2002. BRADLEY PAUL SNOW (Signature of Applicant) Oct 11

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 77 ST. JOHN'S, FRIDAY, OCTOBER 11, 2002 No. 41 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 63/02 NLR 64/02 NLR 65/02 NLR 66/02

The Newfoundland and Labrador Gazette October 11, 2002 443 NEWFOUNDLAND AND LABRADOR REGULATION 63/02 Voisey’s Bay Nickel Company Limited Primary Production Order under the Mineral Act (O.C. 2002 - 326) (Filed October 7, 2002) Under the authority of

section 31.1 of the Mineral Act, the Lieu- tenant-Governor in Council makes the following Order. Dated at St. John’s, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Best interest 4. Primary production in the province 5. Order continues in force 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Primary Production Order. 2.

(1) In this order (a) "Act" means the Mineral Act;

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Primary Production Order 63/02 The Newfoundland and Labrador Gazette October 11, 2002 444 (b) "lease" means the valid and subsisting lease number 184 dated September 30, 2002 issued to the lessee under the Act for an area situated near Voisey’s Bay; and (c) "lessee" means Voisey’s Bay Nickel Company Limited.

(2) In interpreting this Order, the terms "mineral", "mineral ore" and "primary production" shall have the meanings given to them in the Act. 3. The Lieutenant-Governor in Council is of the opinion that, as a matter of public convenience and general policy, it is in the best interest of the province to grant this order. 4. The lessee shall complete primary production in the province of all minerals or mineral ores extracted or removed under the lease. 5. This Order shall continue in force until the time that it is varied, rescinded or repealed by an order of the Lieutenant-Governor in Coun- cil. ©Earl G.

Tucker, Queen's Printer Best interest Primary production in the province Order continues in force

The Newfoundland and Labrador Gazette October 11, 2002 445 NEWFOUNDLAND AND LABRADOR REGULATION 64/02 Voisey’s Bay Nickel Company Limited Copper Concentrate Exemption Order under the Mineral Act (O.C. 2002 - 328) (Filed October 7, 2002) Under the authority of

section 31.1 of the Mineral Act, the Lieu- tenant-Governor in Council makes the following Order. Dated at St. John’s, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Order continues in force 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Copper Concentrate Exemption Order. 2.

(1) In this order (a) "Act" means the Mineral Act;

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Copper Concentrate Exemption Order 64/02 The Newfoundland and Labrador Gazette October 11, 2002 446 (b) "development agreement" means the Development Agree- ment made as of September 30, 2002 among Her Majesty the Queen in Right of Newfoundland and Labrador, the les- see and Inco Limited; (c) "lease" means the valid and subsisting lease number 184 dated September 30, 2002 issued to the lessee under the Act for an area situated near Voisey’s Bay; and (d) "lessee" means Voisey’s Bay Nickel Company Limited.

(2) In interpreting this Order, the terms "copper concentrate" "project" and "proponent" have the m eanings given to them in the de- velopment agreement. 3. Subject to

section 4, the lessee shall be exempt from the provi- sions of the Voisey’s Bay Nickel Company Limited Primary Produc- tion Order with respect to all copper concentrate for the life of the proj- ect. 4. This Order shall continue in force until the time that it is re- scinded or repealed (

a) as contemplated in sectio n 4.14.3 of the development agreement; or (

b) under subsection 31.1(3) of the Act. ©Earl G. Tucker, Queen's Printer Exemption Order continues in force

The Newfoundland and Labrador Gazette October 11, 2002 447 NEWFOUNDLAND AND LABRADOR REGULATION 65/02 Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order under the Mineral Act (O.C. 2002 - 329) (Filed October 7, 2002) Under the authority of

section 31.1 of the Mineral Act, the Lieu- tenant-Governor in Council makes the following Order. Dated at St. John’s, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Suspension of exemption 5. Termination of exemption 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order. 2.

(1) In this order (a) "Act" means the Mineral Act;

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order 65/02 The Newfoundland and Labrador Gazette October 11, 2002 448 (b) "development agreement" means the Development Agree- ment made as of September 30, 2002 among Her Majesty the Queen in Right of Newfoundland and Labrador, the les- see and Inco Limited; (c) "lessee" means Voisey’s Bay Nickel Company Limited; and (d) "production order" means the Voisey’s Bay Nickel Com- pany Limited Primary Production Order.

(2) In interpreting this Order, the terms "construction comple- tion date", "government", "matte", "matte plant", "mine", "nickel con- centrate" and "proponent" have the meanings given to them in the de- velopment agreement. 3.

(1) Subject to sections 4 and 5, if the proponent has constructed the matte plant, the lessee shall be exempt from the provisions of the production order with respect to shipments of nickel concentrate com- mencing on the construction completion date.

(2) The exemption under subsection (1) shall continue as long as the matte plant is operating and treating matte in sufficient quantities so that the tonnage of contained nickel in the matte processed by the matte plant is not less than th e tonnage of contained nickel in the nickel con- centrate shipped out of the province as permitted by this order, both on an annual basis and in total, over the life of the mine.

(3) The lessee shall provide to the government an annual ac- counting of the tonnages referred to in subsection (2) in respect of each year on or before the last day of February of the following year utiliz- ing the assaying procedures set out in

Schedule 4.13.2 of the develop- ment agreement. 4. The exemption under subsection 3(1) shall be suspended while the matte plant is not operating, except during reasonable and necessary periods of routine maintenance an d vacation shutdown of the matte plant in accordance with reasonable and prudent industry practices. 5. The exemption under subsection 3(1) shall terminate on the earlier of the date that (

a) the matte plant has, in the sole opinion of the government acting reasonably, ceased commercial operations; and Exemption Suspension of exemption Termination of exemption

Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order 65/02 The Newfoundland and Labrador Gazette October 11, 2002 449 (

b) the exemption is rescinde d under subsection 31.1(3) of the Act. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette October 11, 2002 451 NEWFOUNDLAND AND LABRADOR REGULATION 66/02 Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order under the Mineral Act (O.C. 2002 - 327) (Filed October 7, 2002) Under the authority of

section 31.1 of the Mineral Act, the Lieu- tenant-Governor in Council makes the following Order. Dated at St. John’s, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Termination of exemption 5. Suspension of shipping rights 6. Determination of diligence 7. Construction of hydromet plant 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order. 2.

(1) In this order

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order 66/02 The Newfoundland and Labrador Gazette October 11, 2002 452 (a) "Act" means the Mineral Act; (b) "development agreement" means the Development Agree- ment made as of September 30, 2002 among Her Majesty the Queen in Right of Newfoundland and Labrador, the les- see and Inco Limited; (c) "lease" means the valid and subsisting lease number 184 dated September 30, 2002, issued to the lessee under the Act for an area situated near Voisey’s Bay; (d) "lessee" means Voisey’s Bay Nickel Company Limited; and (e) "production order" means the Voisey’s Bay Nickel Com- pany Limited Primary Production Order.

(2) In interpreting this Order, th e terms "commercial production date", "construction completion date", "decision", "demonstration plant", "demonstration plant comple tion date", "government", "hydro- met plant", "implementation plan", "nickel concentrate", "processing plant" and "proponent" have the meanings given to them in the devel- opment agreement. 3. Subject to sections 4 and 5, the lessee shall be exempt from the provisions of the production order with respect to the quantity of nickel concentrate containing up to a maximum total of 355,000 tonnes of contained nickel commencing the later of (

a) the date of the first shipment of nickel concentrate to the demonstration plant; and (

b) the demonstration plant completion date. 4. The exemption contained in

section 3 shall terminate on the earliest of the (

a) date on which the shipments of nickel concentrate by the lessee have reached a total of 355,000 tonnes of contained nickel; (

b) construction completion date; and Exemption Termination of exemption

Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order 66/02 The Newfoundland and Labrador Gazette October 11, 2002 453 (

c) date on which it is rescinde d under

section 31.1(3) of the Act. 5. The lessee may ship qu antities of nickel concentrate out of the province up to the maximum total of 355,000 tonnes of contained nickel referred to in

section 3 but where the proponent (

a) has not delivered the decision to the government by Novem- ber 15, 2008; (

b) has not delivered to the government an implementation plan as required by

section 4.7.4 or 4.7.5 of the development agreement; or (

c) the proponent is not proceeding diligently to complete the engineering and construction of the processing plant as re- quired by

section 4.7.4 or 4.7.5 of the development agree- ment the right of the lessee to ship nickel concentrate out of the province under

section 3 shall be suspended, subject to sections 5.3 and 6.5.2 of the development agreement. 6. Whether the proponent is proceedin g diligently to complete the engineering and construction of the processing plant as required by

section 4.7.4 or 4.7.5 of the development agreement shall be deter- mined in accordance with

section 4.7.6 of the development agreement. 7.

(1) If the proponent has constructed a hydromet plant, in addi- tion to the exemption in

section 3, the lessee shall be exempt from the provisions of the production order with respect to the shipments of nickel concentrate containing up to a maximum total of 85,000 tonnes of contained nickel, commencing on the construction completion date.

(2) The exemption referred to in subsection (1) shall terminate on the earliest of the (

a) commercial production date; (

b) date on which the shipments of nickel concentrate by the lessee reach the total of 85,000 tonnes of contained nickel; and Suspension of shipping rights Determination of diligence Construction of hydromet plant

Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order 66/02 The Newfoundland and Labrador Gazette October 11, 2002 454 (

c) date on which it is rescinded under subsection 31.1(3) of the Act. ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 11, 2002 455 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 6 3 9 L a n d s A c t — N o t i c e s o f I n t e n t.......................................................................... 6 3 8 Municipalities Act — Notice ........................................................................... 6 3 5 T r u s t e e A c t — N o t i c e ................................................................................ 6 3 8 U r b a n a n d R u r a l P l a n n i n g A c t — N o t i c e s o f R e g i s t r a t i o n .................................................... 6 3 5

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNR or Nfld. Gazette made thereunder Nfld. Reg. Amendment Date & Page No. Mineral Act Voisey’s Bay Nickel NLR 63/02 New Oct 11/02, p. 443 Company Limited Primary Extra. Oct 7/02 Production Order Voisey’s Bay Nickel NLR 64/02 New Oct 11/02, p. 445 Company Limited Copper Extra. Oct 7/02 Concentrate Exemption Order Voisey’s Bay Nickel NLR 65/02 New Oct 11/02, p. 447 Company Limited Matte Extra. Oct 7/02 Plant Exemption Order Voisey’s Bay Nickel NLR 66/02 New Oct 11/02, p.451 Company Limited Nickel Extra. Oct 7/02 Concentrate Exemption Order

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 11, 2002 456 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen's Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2002-10-11
Type	gazette
Volume / chapter	printer gazette weekly issues 2002 2002 10 11
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6a769bd577bbdc0f8c3ab7ff020db52229d04c16

Source file is stored in the law ingest library (pdf).