OIC Number: 2013 - 172

Date of Order: May 28, 2013

Statute: Crown Lands Act

OIC Text: The Governor in Council on the report and recommendation of the Minister of Natural Resources and the Minister of Economic and Rural Development and Tourism dated May 1 , 2013, and pursuant to subsection 7(

a) and clause 16(1)(

a) of

Chapter 114 of the Revised Statutes of Nova Scotia, 1989, the Crown Lands Act, and subsection 19(

f) of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

Interpretation Act, is pleased to: 1. revoke Orders in Council (01C) 2009-251, 2010-13, and 2011-303; 2. authorize the Minister of Natural Resources to: (

a) convey the lands outlined in bold on

Schedule "A" and

Schedule "D" attached to and forming part of the Report and Recommendation (the"Lands") to Melford International Terminal Incorporated (MITI), a body corporate with its registered office in Halifax, Halifax Regional Municipality, its successors, trustees and permitted assigns with extended dates for the commencement of construction, start of terminal operations and other milestones set out in

Schedule "B", attached to and forming part of the Report and Recommendation, subject to: i. the Lands being sold for appraised market value, updated to within six months of the date of sale; and ii. the right of the Province to reacquire the Lands at the purchase price paid by MITI if MITI has not commenced terminal construction by October 23, 2014 or terminal operations by October 23, 2017; (

b) convey the lands outlined in bold in

Schedule "C" attached to and forming part of the Report and Recommendation (the "Option Lands") to MITI, its successors, trustees and permitted assigns subject to: i. the terms and conditions, including the right of the Province to reacquire the Option Lands at the purchase price paid by MITI, asset out in an Option Agreement entered into by MITI and the Province on April 6, 2010 as amended; ii. MITI exercising the Option on or before December 31, 2024, and iii. MITI having met all the milestones set out in

Schedule "B" and having submitted a report to the Minister of Natural Resources advising that all the milestones described in

Schedule "B" have been completed; (

c) reacquire any or all of the lands conveyed to MITI if the right to reacquire is triggered by a default by MITI; and (

d) execute documents or amend any agreements necessary to achieve the purpose of this Order.

Department(s): Economic and Rural Development and Tourism (2011-2015) Natural Resources