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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Permit for Variance Regulations

made under clause 51(1)(

d) of the

Agricultural Marshland Conservation Act

S.N.S. 2000, c. 22

N.S. Reg. 80/2001 (June 25, 2001)

as amended to N.S. Reg. 282/2015 (July 22, 2015)

1 These regulations may be cited as the Permit for Variance Regulations .

2 In these regulations,

(a) “Act” means the Agricultural Marshland Conservation Act ;

(b) “permit for variance” means a permit issued by the Marshland Administrator

pursuant to

Section 41 of the Act for development in a marshland section.

(1) An application for a permit for variance shall be in a form specified by the

Marshland Administrator and shall be submitted to the Marshland Administrator

together with

(

a) a letter from the municipal development officer for the municipality in which

the proposed development is to occur, indicating whether the proposed

development is permitted under the land-use by-laws of the municipality;

(

b) except as provided in subsection 3(2), where there is a marsh body

incorporated for the marshland

section in which the proposed development is

to occur, a letter from the marsh body executive committee indicating whether

the proposed development is permitted under the rules of the marsh body; and

(

c) a map showing the location of the proposed development.

(2) An applicant who is unable to obtain the letter from the marsh body as required by

clause (1)(

b) must, to the satisfaction of the Marshland Administrator, include all of

the following with their application:

(

a) a detailed

summary of the efforts they have made to contact the marsh body;

and

(

b) proof of notice of the proposed development they provided to the known

members of the marsh body.

(1) Subject to

Section 5, where an applicant has properly completed an application and

submitted it with accompanying documents pursuant to

Section 3, the Marshland

Administrator shall issue a permit for variance if the lot where proposed

development is to occur

(

a) existed prior to November 7, 2000, and is less than 0.5 ha in area; and

(

b) is within 50 m of a lot to which subsection 41(6) of the Act applies.

(2) Despite clause (1)(a), a lot that is greater than 0.5 ha in area may be considered for a

permit for variance, in the discretion of the Marshland Administrator.

5 The Marshland Administrator shall not issue a permit for variance to an applicant if the

development proposed by the applicant

(

a) substantially interferes with drainage or other works in a way that negatively

impacts on the existing agricultural activity or the agricultural potential of the

marshland section;

(

b) consists of removing topsoil from the marshland section; or

(

c) is contrary to any applicable municipal land-use by-law or rules of a marsh

body.

6 Where an applicant is granted a permit for variance, the Administrator shall give notice in

writing to the clerk of the municipality in which the proposed development is to occur and,

where applicable, to the secretary of the relevant marsh body’s executive committee, of the

final decision to grant the permit for variance.

Legislative History

Reference Tables

Permit for Variance Regulations

N.S. Reg.

80/2001

Agricultural Marshland Conservation 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 Permit for Variance Regulations made

under the Agricultural Marshland Conservation Act includes

all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

80/2001

Jun 25, 2001

date made

Jul 13, 2001

282/2015

Jun

22, 2015

date

specified

Aug 7,

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(a) ...................................................

am. 282/2015

3 ........................................................

ra. 3(1) 282/2015

3(1)(a) 1 ........................................

am. 282/2015

3(1)(b) .........................................

am. 282/2015

3(2) ..............................................

ad. 282/2105

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Previously 3(

a) Jun 22, 2015

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.