THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, THURSDAY, MARCH 15, 2012 NEWFOUNDLAND AND LABRADOR REGULATION NLR 18/12

Extraordinary Gazette March 15, 2012 3 NEWFOUNDLAND AND LABRADOR REGULATION 18/12 Lower Churchill Hydroelectric Generation Project Undertaking Order under the Environmental Protection Act (O.C. 2012-061) (Filed March 15, 2012) Under the authority of paragraph 67(3)(

a) of the Environmental Protection Act, the Lieutenant-Governor in Council, on the recommen- dation of the Minister of Environment and Conservation, makes the following Order. Dated at St. John’s, March 15, 2012. Robert Thompson Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Definition 3. Release from environmental assessment 4. Conditions of release 1. This Order may be cited as the Lower Churchill Hydroelectric Generation Project Undertaking Order. 2. In this Order, "Lower Churchill Hydroelectric Generation Pro- ject" means the Lower Churchill Hydr oelectric Generation Project as described in the project registration document on file with the minister, and "project" has the same meaning.

Short title Definition

Lower Churchill Hydroelectric Generation Project Undertaking Order 18/12 Extraordinary Gazette March 15, 2012 4 3. The Lower Churchill Hydroelectric Generation Project under- taking by Nalcor Energy is released from environmental assessment. 4. The release of the Lower Churchill Hydroelectric Generation Project from environmental assessment under

section 3 is subject to the following conditions: (

a) Nalcor Energy shall abide by all commitments made by it in the Environmental Impact Statement dated February 2009, and all the Environmental Impact Statement Additional In- formation Requests made by the Lower Churchill Hydroe- lectric Generation Project En vironmental Assessment Panel and consequently submitted by Nalcor Energy, and the sub- missions made by Nalcor Energy during the panel hearings and, subsequent to the hearings, to the panel, unless one or more of the commitments, or a part of a commitment is spe- cifically waived by the minister; (

b) Nalcor Energy shall obtain and abide by the requirements of all licences, permits, approvals, certificates, leases or other documents of authorization required by law; (

c) Nalcor Energy shall prepare and abide by the requirements of environmental protection plans for all phases of the pro- ject and those plans shall be submitted to and approved by the Minister of Environment and Conservation or the appro- priate minister of the Crown before the commencement of an activity which is associated with or may affect one or more of the following matters: (

i) dust and other particulate management, (ii) air emissions, (iii) site water management, (iv) waste management, (

v) waste rock and acid-generating rock, (vi) management and rehabilitation of the quarries, (vii) water quality and quantity, Release from envi- ronmental assess- ment Conditions of release

Lower Churchill Hydroelectric Generation Project Undertaking Order 18/12 Extraordinary Gazette March 15, 2012 5 (viii) road construction and decommissioning, (ix) reservoir preparation, (

x) transportation, storage an d handling of hazardous mate- rials, (xi) plant community and terrain disturbance, (xii) forest fire prevention and suppression, (xiii) species at risk, (xiv) caribou, (xv) black bears, (xvi) beavers, (xvii) harlequin ducks, (xviii) raptors, (xix) wildlife species and habitat, (xx) historic resources, and (xxi) ways to reduce interactions with rock knoll at the Musk- rat Falls construction site; (

d) Nalcor Energy shall prepare and abide by the requirements of (

i) emergency preparedness and response plans, (ii) contingency plans, (iii) occupational health and safety plans, (iv) wetland compensation plans, and (

v) riparian compensation plans

Lower Churchill Hydroelectric Generation Project Undertaking Order 18/12 Extraordinary Gazette March 15, 2012 6 for all phases of the project, and those plans shall be submit- ted to and approved by the Minister of Environment and Conservation or the appropriate minister of the Crown be- fore the commencement of an activity which is the subject of or associated with those plans; (

e) Nalcor Energy shall prepare and abide by the requirements of environmental effects monitoring plans for all phases of the project, and those plans shall be submitted to and ap- proved by the Minister of Environment and Conservation or the appropriate minister of the Crown before the com- mencement of an activity which is associated with or may affect one or more of the following matters: (

i) atmospheric, (ii) aquatic, (iii) water quality, (iv) methylmercury, (

v) sediment quality and transport, (vi) bank erosion, (vii) ice formation, (viii) wetland and riparian habitats, (ix) navigation, (

x) reservoir clearing, (xi) groundwater in Mud Lake, (xii) contaminant levels in country foods, (xiii) species at risk, (xiv) rare plants, (xv) caribou,

Lower Churchill Hydroelectric Generation Project Undertaking Order 18/12 Extraordinary Gazette March 15, 2012 7 (xvi) black bears, (xvii) beavers, (xviii) harlequin ducks, (xix) raptors, (xx) aboriginal land and resource use and culture, (xxi) social effects, (xxii) human health, (xxiii) employment and business, (xxiv) local, regional and provincial economies, (xxv) community services and infrastructure, and (xxvi) family and community; (

f) Nalcor Energy shall prepare and maintain a document which contains the licences, permits, approvals, certificates or other documents of authorization and which outlines and identifies the source or basis of all of the various terms and conditions under which the project will operate and all commitments made by Nalcor Energy as identified in paragraph (a), in- cluding performance standards, financial assurances, targets, quotas and reporting procedures and submit it to the minis- ter, at a date to be prescribed by the minister; (

g) Nalcor Energy shall prepare and submit to the Minister of Environment and Conservation and Minister of Natural Re- sources an annual report describing the project’s perfor- mance in delivering socio-economic benefits to residents and businesses of the province, commencing March 31, 2013; (

h) Nalcor Energy shall reimburse the department for the prov- ince’s cost of the environmental assessment of the Lower Churchill Hydroelectric Generation Project and the incre- mental costs that the province will incur with respect to monitoring of all phases of the Lower Churchill Hydroelec-

Lower Churchill Hydroelectric Generation Project Undertaking Order 18/12 Extraordinary Gazette March 15, 2012 8 tric Generation Project, including site surveillance, compli- ance, environmental effects and socio-economic monitoring; (

i) to ensure full and fair benefits for the people of the province for training, employment, and the procurement of goods and services, before the tendering of future contracts associated with one or more phases of the Lower Churchill Hydroelec- tric Generation Project, Nalcor Energy shall prepare and abide by benefits policies and procedures, developed in con- sultation with the government of the province and submitted to the appropriate government department for approval, in- cluding a supplier development strategy to be developed in consultation with representatives of aboriginal and New- foundland and Labrador businesses and relevant provincial government departments, which supplier development strat- egy includes contract procurement procedures, supplier de- velopment initiatives and objectives for aboriginal and New- foundland and Labrador businesses, and Nalcor Energy shall regularly monitor, evaluate and report its compliance with the approved benefits policies and procedures to the appro- priate provincial government departments, at a date to be prescribed by the appropriate departments; (

j) Nalcor Energy shall prep are a Women's Employment Plan containing measurable goals and submit it to the Women’s Policy Office for approval at a date prescribed by the Minis- ter Responsible for the Women’s Policy Office; and (

k) before the commencement of construction, Nalcor Energy shall establish an Environmental Monitoring and Communi- ty Liaison Committee to provide feedback to Nalcor Energy and government on the effects of the Lower Churchill Hy- droelectric Generation Project. © William Parsons, Queen's Printer

9 ST. JOHN'S, THURSDAY, MARCH 15 2012 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Environmental Protection Act Lower Churchill NLR 18/12 New Mar 15/12 p. 3 Hydroelectric Generation Project Undertaking Order