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NEWFOUNDLAND

AND LABRADOR

REGULATION 64/03

Water Power Rental Regulations, 2003

under the

Water Resources Act

(O.C. 2003-230)

Amended by:

69/16

NEWFOUNDLAND

AND LABRADOR

REGULATION 64/03

Water Power Rental Regulations, 2003

under the

Water Resources Act

(O.C. 2003-230)

(Filed May 23, 2003)

Under the authority of sections 29 and 64 of the Water Resources Act

, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns

, May 21, 2003.

Deborah E. Fry

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definition

Application

Rates

Repeal

Short title

These regulations may be cited as the Water Power Rental Regulations, 2003

64/03 s1

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Definition

In these regulations, "water use licence" means a licence to divert or use water for water power generation issued under the Water Resources Act

64/03 s2

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Application

These regulations apply to water power generated under

(

a) a water power licence or a water use licence issued or renewed on or after the date the Water Power Rental Regulations

under the Crown Lands Act or these regulations came into effect; and

(

b) the water use licences for the

(

i) Rattle Brook Hydroelectric Power Generating Plant at Rattle Brook, located on the northeast edge of the Long

Range

Mountains

, Northern

Peninsula

near the Town of Jackson

's Arm,

(ii)

Rose Blanche Brook Hydroelectric Power Generating Plant at Rose Blanche Brook, located on the southwest coast of the Island

of Newfoundland

near the Town of Rose Blanche-Harbour Le Cou

(iii)

Star

Lake

Hydroelectric Power Generating Plant at Star

Lake

, located in central Newfoundland

, on the east side of the Long

Range

Mountains

, and

(iv)

Tors Cove/Rocky Pond Hydroelectric Power Generating Plants at Tors Cove Pond and Southern Rocky Pond, located on the east coast of the Avalon Peninsula

near the Local Service District of Tors Cove.

64/03 s3

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Rates

(1)The annual rent for a water use licence shall be $2.50 per megawatt hour of power generated.

(2) On January 1 of each year during the term of a water use licence the annual rent under subsection (1) shall be adjusted based on the percentage change, rounded to 2 decimal places, in relation to the preceding year, in the All-items Consumer Price Index for Canada

as published under the Statistics Act

( Canada

(3) For the purposes of subsection (2), the All-items Consumer Price Index for Canada

for a year is the annual average calculated from the monthly indexes for the 12 month period ending September 30 of the preceding year.

69/16 s1

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Repeal

The Water Power Rental Regulations,

Newfoundland

and Labrador

Regulation 4/01 are repealed.

64/03 s5

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