This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Bennery Lake Watershed Protected Water Area Regulations

made under subsection 106(6) of the

Environment Act

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

N.S. Reg. 211/2003 (effective December 4, 2003)

amended to N.S. Reg. 26/2013 (effective January 24, 2013)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Interpretation

Restricted activities

Public notification

Fire restrictions

Forestry operations

Road construction and maintenance restrictions

Water course or wetland alteration

Roads and stream crossings

Pest control products

On-site sewage disposal systems

Prohibition on release of substance

Prohibition on landfills

Easement restriction

Stormwater management

Erosion and sediment control

Vegetation removal restrictions

Watercourse setbacks and buffers

Consultation with the Committee

Citation

1 These regulations may be cited as the Bennery Lake Watershed Protected Water Area

Regulations .

Interpretation

2 In these regulations,

“Act” means the Environment Act ;

“certified forest technician” means a person who is a certified member in good

standing of the Nova Scotia Forest Technicians Association;

“Committee” means the Bennery Lake Watershed Management Committee;

“developer” means a person who develops or proposes to develop land and

includes any agent or contractor who works for the developer;

“development” means any disturbance of land for purposes of constructing a

roadway, residential dwelling, commercial establishment, recreation area or

parkland;

“forestry operation” means any activity related to the use of a forest for producing

timber, wood fibre or Christmas trees, including all of the following activities:

(

i) forest management planning,

(ii) silviculture,

(iii) harvesting,

(iv) protection,

(

v) road construction,

(vi) operating, storing and using equipment and supplies used in any aspect

of the activity;

“grab sample” means a sample that represents only the composition of the source

of the sample at the particular time and place the sample is collected;

“grubbing” means removing vegetation and organic material to expose bare soil;

“landfill” means an area where solid waste is buried or, in a low-lying area, used as

fill;

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

under subsection 106(1) of the Act as the Bennery Lake Watershed Protected

Water Area, as described in

Schedule “A” to the designation;

“registered professional forester” means a registered member in good standing of

the Registered Professional Foresters Association of Nova Scotia;

“road salt” means any de-icing agent that is applied to a road for the purpose of

winter road maintenance;

“sulphide-bearing material” has the same meaning as set out in clause 2(

o) of the

Sulphide Bearing Material Disposal Regulations made under the Act;

“vegetation” means any living plant or tree growth;

“vehicle” means any vehicle propelled or driven otherwise than by muscular

power, whether or not the vehicle is registered under the Motor Vehicle Act;

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

accessory to the vessel;

“Water Works Operator” means the Halifax Regional Water Commission,

operator of the Bennery Lake Water Treatment Plant, and its successors and

assigns.

Restricted activities

(1) No person is permitted to swim, bathe, wash, or cut ice at any time in Bennery

Lake or any other watercourse within the Protected Water Area.

(2) No person is permitted to fish from the shoreline of or in Bennery Lake or any

watercourse within the Protected Water Area.

(3) No person is permitted to wash a vehicle or vessel in any watercourse or within 60

m of the shoreline or bank of any watercourse within the Protected Water Area.

(4) No person is permitted to, at any time, operate a vehicle or vessel of any kind, on,

through or over Bennery Lake or any watercourse in the Protected Water Area,

unless authorized by the Water Works Operator.

(5) No person is permitted to fill a gasoline tank or transfer any liquid fuel from tank

to tank on or within 100 m of the shoreline or bank of Bennery Lake or any

watercourse within the Protected Water Area, except for the purpose of operating

the Bennery Lake Water Treatment Plant or a purpose reasonably incidental to the

maintenance of private property.

(6) Except as provided in subsection (7), no person is permitted to operate a vehicle

within the Protected Water Area, unless authorized by the Water Works Operator.

(7) Subsection (6) does not apply to

(

a) a landowner accessing or maintaining their own land within the Protected

Water Area; or

(

b) the operation of a vehicle on a highway, as defined in the Public Highways

Act , within the Protected Water Area.

(8) No person is permitted to construct or install a dock or wharf on any watercourse

within the Protected Water Area, unless authorized in writing by the Water Works

Operator.

Public notification

(1) The Water Works Operator must post signs around the perimeter of the Protected

Water Area to provide notice to the general public of the designation of the

Protected Water Area.

(2) The Water Works Operator must replace any signs posted under subsection

(1) that have been damaged or removed.

(3) The Water Works Operator must take reasonable measures to advertise and

provide notice to the general public of these regulations.

(4) No person is permitted to remove or alter any sign, notice or advertisement posted

pursuant to this Section.

Fire restrictions

(1) No person is permitted to set, start, maintain or be responsible for an open fire in

the Protected Water Area except for an open fire in a barbecue or fireplace

designed for cooking purposes at a residential dwelling.

(2) Despite subsection (1), during the period from April 15 to October 15 of each year,

a person may set, start, maintain or be responsible for a fire in the Protected Water

Area if

(

a) the person has a valid permit to burn issued pursuant to the Forest Fire

Protection Regulations made under the Forests Act ;

(

b) the person complies with the permit to burn and the Forest Fire Protection

Regulations ; and

(

c) the person complies with all the requirements of Halifax Regional

Municipality By-law Number O-103, the Open Air Burning By-law.

Forestry operations

(1) No person is permitted to undertake a forestry operation within the Protected

Water Area unless the operation is conducted pursuant to a forest management

plan that

(

a) is prepared by a registered professional forester or certified forest technician in

accordance with the objectives and policies approved by the Committee;

(

b) does not permit any forestry operation within 100 m of Bennery Lake or

within 30 m of any watercourse within the Protected Water Area;

(

c) has as its primary objective the protection of the watershed and any

watercourse therein, particularly with respect to impacts related to disruption

of acid slate or sulphide bearing materials;

(

d) is submitted to the Water Works Operator for review at least 30 days before

the proposed start of the activity; and

(

e) is approved in writing by the Water Works Operator before the activity is

started.

(2) A forestry operation within the Protected Water Area must be conducted in

accordance with the Wildlife Habitat and Watercourses Protection Regulations

made under the Forests Act and the “Forest/Wildlife Guidelines and Standards for

Nova Scotia” issued by the Department of Natural Resources, or its successor

document or code of practice, as amended from time to time.

Road construction and maintenance restrictions

(1) No person is permitted to undertake construction of any road or driveway within

the Protected Water Area unless

(

a) an application for approval and a map of the planned location is submitted to

the Water Works Operator for review at least 30 days before the proposed

start of construction;

(

b) the proposed construction is approved in writing by the Water Works

Operator before construction starts; and

(

c) construction is carried out between June 1 and September 30, inclusive, in

any year.

(2) A person who is responsible for a road constructed under subsection (1) must

maintain and repair the road.

(3) No person is permitted to expose at any one time more than 1900 square metres of

roadway subbase in the Protected Water Area.

(4) No person is permitted to expose at any one time more than 1000 square metres of

roadway subbase in the Protected Water Area if sulphide bearing or acid slate

materials are present in the subbase.

(5) No person is permitted to apply road salt on any roads or driveways within the

Protected Water Area.

Water course or wetland alteration

(1) No person is permitted to construct a bridge or culvert or otherwise alter a

watercourse or wetland within the Protected Water Area without first obtaining

(

a) written approval from the Water Works Operator; and

(

b) an approval from the Department.

(2) An owner, operator or person responsible for a bridge or culvert approved under

subsection (1)

(

a) must maintain and repair the bridge or culvert; and

(

b) is not permitted to remove the bridge or culvert without first obtaining an

approval from the Department and providing written notice to the Water

Works Operator.

Roads and stream crossings

9 The construction of a forest access or wood lot road, stream crossing, culvert or other

watercourse alteration within the Protected Water Area must be in accordance with the

Wildlife Habitat and Watercourses Protection Regulations made under the Forests Act

and the publication “Wood Lot Roads, Stream Crossings” issued by the Department of

Natural Resources, or its successor document or code of practice, as amended from time

to time.

Pest control products

10 No person is permitted to use a pest control product within the Protected Water Area

unless the use is related to the operation of the Bennery Lake Water Treatment Plant and

carried out under the supervision of the Bennery Lake Water Treatment Plant Supervisor.

On-site sewage disposal systems

(1) No person is permitted to install an on-site sewage disposal system within the

Protected Water Area without first obtaining an approval from the Department.

(2) No person is permitted to construct or install or cause the construction or

installation of an on-site sewage disposal system contrary to the On-site Sewage

of an approval issued by the Department.

Prohibition on release of substance

(1) No person is permitted to release or cause or permit the release of oil, petroleum

products, soap, detergent, toxic chemicals, pest control product waste, garbage,

litter, solid or liquid waste, sulphide bearing or acidic slate materials, or any other

material that causes or may cause an adverse effect within the Protected Water

Area.

(2) A person who is using mechanical equipment or transporting gasoline or oil within

the Protected Water Area is not permitted to release, and must take precautions to

prevent the release of, a petroleum product onto the ground or into a watercourse

or the runoff from the area.

Prohibition on landfills

13 No person is permitted to establish a dump, landfill, waste disposal site or disposal site

for sulphide bearing or acidic slate materials, or any other type of material that may

threaten the safety of the water supply, within the Protected Water Area.

Easement restriction

14 No person is permitted to construct a road, pipeline, railway, telephone line, power line or

other similar development or grant an easement on, over or across the Protected Water

Area, without first obtaining the written approval of the Water Works Operator.

Stormwater management

15 No developer is permitted to commence any development unless the development is

conducted according to a Stormwater Control Plan that is

(

a) prepared by a professional engineer; and

(

b) approved in advance by the Water Works Operator in consultation with the

Department.

Erosion and sediment control

(1) No person is permitted to authorize or commence an operation to extract peat,

gravel, rock or minerals within the Protected Water Area.

(2) No person is permitted to undertake an activity that causes or might cause soil

erosion resulting in sedimentation of a watercourse located within the Protected

Water Area.

(3) No owner, occupier, contractor or person responsible for a construction operation

or an activity within the Protected Water Area requiring grubbing or earth moving

that would expose more than 200 m 2 of subbase at any time is permitted to

proceed unless they have

(

a) developed an erosion and sedimentation control plan as described in the

“Erosion and Sedimentation Control Handbook for Construction Sites”,

published by the Department or its successor document or code of practice;

and

(

b) obtained prior written approval from the Water Works Operator.

(4) No person is permitted to release water that has a suspended solid concentration

greater than 25 mg/L in a grab sample from any area within the Protected Water

Area.

(5) No person is permitted to conduct landscaping activities that require earth

exposure or removal within the Protected Water Area except between May 1 and

October 31, inclusive, in any year.

17 If sedimentation occurs in a watercourse within the Protected Water Area, an operator or

person responsible for the sedimentation must undertake immediate action to install

erosion and sediment control measures, and immediately notify the Water Works

Operator.

Vegetation removal restrictions

(1) No person is permitted to alter or remove vegetation within 100 m of Bennery

Lake or within 30 m of any watercourse or wetland within the Protected Water

Area unless such alteration or removal is

(

a) approved in advance by the Water Works Operator; or

(

b) related to the operation of the Bennery Lake Water Treatment System and

following consultation with the Committee.

(2) No person is permitted to alter or remove vegetation within 15 m of any

watercourse or wetland located on lands zoned AE-4 (Aerotech Business) under

the Halifax Regional Municipality Land Use By-law for Shubenacadie Lakes

(Planning Districts 14 and 17), within the Protected Water Area, unless approved

by the Water Works Operator.

(3) No person is permitted to remove vegetation from an area greater than 50% of

each residential lot at any time prior to and following development of and

construction on any residential lot.

Watercourse setbacks and buffers

(1) No person is permitted to erect a structure, excavate, fill or alter the grade of land

within 100 m of Bennery Lake or within 30 m of any watercourse or wetland

located on lands zoned PWS under the Halifax Regional Muncipality Land Use

By-law for Shubenacadie Lakes (Planning Districts 14 and 17), within the

Protected Water Area, unless such activity is

(

a) related to the operation of the Bennery Lake Water Treatment Plant; and

(

b) approved in advance by the Water Works Operator.

(2) No person is permitted to erect a structure, excavate, fill or alter the grade of land

within 15 m of any watercourse or wetland located on lands zoned AE-4 (Aerotech

Business) under the Halifax Regional Municipality Land Use By-law for

Shubenacadie Lakes (Planning Districts 14 and 17), within the Protected Water

Area, unless such activity is approved in advance by the Water Works Operator.

Consultation with the Committee

20 The Water Works Operator shall consult with the Committee before granting any

authorization or approval required by these regulations.

Legislative History

Reference Tables

Bennery Lake Watershed Protected Water Area

Regulations

N.S. Reg. 211/2003

Environment Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Bennery Lake Watershed Protected Water Area Regulations made

under the Environment Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

211/2003

Dec 4, 2003

date made

Dec 26, 2003

26/2013

Jan 24, 2013

date specified

Feb 22, 2013

The following regulations are not yet in force and are not

included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

2 ........................................................

rs. 26/2013

3(3)-(4) .............................................

am. 26/2013

3(6)-(8) .............................................

ad. 26/2013

6(1)(a) ...............................................

am. 26/2013

6(1)(c) ...............................................

am. 26/2013

6(1)(d) ...............................................

rs. 26/2013

6(1)(e) ...............................................

ad. 26/2013

7(1) ...................................................

rs. 26/2013

8(2)(b) ...............................................

am. 26/2013

10 ......................................................

am. 26/2013

13 ......................................................

am. 26/2013

16(3)(a) .............................................

am. 26/2013

16(3)(b) .............................................

rs. 26/2013

16(5) .................................................

rs. 26/2013

19(1) .................................................

am. 26/2013

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The references in clauses 2(

d) and (

i) to the Department

of Environment and Labour and Minister of Environment and Labour should be

read as references to the Department of Environment and Minister of

Environment in accordance with Order in Council 2008‑161 under the Public Service Act , R.S.N.S. 1989, c.

376. (Section 2 replaced by N.S. Reg. 26/2013 and no longer refers to

Department or Minister.)

Apr 1, 2008

Halifax Regional Municipality By-law Number O-103, the

Open Air Burning By-law, is replaced by By-law Number O-109 (same title).

Oct 23, 2010

References to the Department of Natural Resources

should be read as references to the Department of Lands and Forestry in

accordance with Order in Council 2018-188 under the Public Service Act , R.S.N.S. 1989, c. 376.

Jul 5, 2018

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.