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NEWFOUNDLAND

AND

LABRADOR

REGULATION 57/05

Waste Diversion Regulations

under the

Environmental Protection Act

(O.C. 2005-402)

(Filed July 12, 2005)

Under the authority of subsection 111(1) of the Environmental Protection Act

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

Dated at St. John's

, July 8, 2005

Robert C. Thompson

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Designated material ban

Ban information

Publication

Prohibition

Short title

These regulations may be cited as the Waste Diversion Regulations

57/05 s1

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Definitions

In these regulations

(a)

"Act" means the Environmental Protection Act

(b)

"designated material" means a material designated by the minister under

section 3;

(c)

"effective date" means the date stated in accordance with paragraph 4(e); and

(d)

"waste disposal site" means real property, a building or a structure upon which waste material is deposited and disposed of in accordance with an approval.

57/05 s2

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Designated material ban

The minister may, for a specified area of the province or a part of the province, designate a material as a designated material that is banned from disposal into one or more waste disposal sites.

57/05 s3

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Ban information

(1)Where the minister makes a designation under

section 3, that designation shall

(

a) be in writing;

(

b) describe the banned designated material;

(

c) describe the area to which the designated material ban applies;

(

d) indicate the waste disposal sites that shall not accept the banned designated material for disposal; and

(

e) state the date upon which the designated material ban will come into effect.

(2) The minister may vary or revoke a designation made under

section 3 and paragraphs (1)(

a) to (e), with the necessary changes, shall apply to that variation or revocation.

57/05 s4

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Publication

A designated material ban and a variation or revocation of that ban made under these regulations shall be published in a newspaper in general circulation in the area covered by that ban, variation or revocation not fewer than 15 days before the effective date of that ban, variation or revocation.

57/05 s5

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Prohibition

(1)A person in an area shall not dispose of a designated material into a waste disposal site after the effective date of a ban on the disposal of that designated material for that area.

(2) A person responsible for a waste disposal site shall not allow a designated material to be disposed of at that site after the effective date of a ban on the disposal of that designated material into that site.

57/05 s6

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