OIC Number: 2011 - 303

Date of Order: Aug 02, 2011

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 June 20, 2011, and pursuant to

Section 16 of

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

Section 19 of

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

Interpretation Act, is pleased to: (

a) revoke Order in Council 2007-306 dated May 25, 2007 and Order in Council 2008-124 dated March 26, 2008; (

b) approve the issuance of a grant and deed by the Minister of Natural Resources to convey certain parcels of Crown land containing a total area of approximately 315 acres (127 hectares), situated at Melford, Guysborough County, and located within the area shown outlined in bold on the plan marked

Schedule "A" attached to and forming part of the Report and Recommendation, to Melford International Terminal Incorporated (the Company), a body corporate with its registered office at Halifax, Halifax County, its successors and assigns, subject to: (

i) the 315 acres of land being sold for its appraised market value as determined by an accredited appraiser of the Accredited Appraiser Canadian Institute (AACI); (ii) the Company providing confirmation to the Province by October 23, 2012 that it has secured the financing required for the project, as set out in agreements signed by the Parties; (iii) the 315 acres (127 hectares) of land conveyed being subject to a reversionary clause in right of the Province, which allows the Province to reacquire the lands at the purchase price paid by the Company, if the Company has not commenced terminal construction by February 23, 2013 and commenced terminal operations by December 31, 2014; (iv) the resolution of any encumbrances on the lands; and (

c) authorize the Minister of Natural Resources and the Minister of Economic and Rural Development and Tourism to amend agreements and execute such documents as may be necessary to achieve the purposes of this Order.

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