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Part II .

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French River Watershed Protected Water Area Regulations

made under subsections 106(1) and (6) of the

Environment Act

S.N.S. 1994-95, c. 1

N.S. Reg. 8/2022 (effective January 24, 2022)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Public notice requirements

Prohibition of landfills

Agriculture

Erosion and sediment control

Pits and quarries

Mining activities

Citation

1 These regulations may be cited as the French River Watershed Protected Water Area

Regulations .

Definitions

2 In these regulations,

“Act” means the Environment Act ;

“agricultural operation” means a farming unit within the Protected Water Area

which

(

i) houses livestock or where livestock graze or are pastured, or

(ii) has greater than 5 ha of land in forage production, crop production or

pasture;

“Committee” means the French River Watershed Protection Advisory Committee

that is a committee of the Municipality of Colchester established to advise the

County on all matters related to water quality and quantity in the Protected Water

Area;

“County” means the municipal corporation known as the Municipality of

Colchester or its successors;

“Department” means the Department of Environment and Climate Change;

“detailed ground exploration” means exploration with ground disturbance, and

includes drilling, blasting, test pitting, trenching, underground excavation, bulk

sampling, stripping, road construction and watercourse alteration;

“development” means any general disturbance of earth or landscape for purposes

of construction, and includes construction [of] all of the following:

(

i) roadways,

(ii) residential dwellings,

(iii) commercial establishments,

(iv) industrial activity, including aggregate extraction,

(

v) campgrounds,

(vi) trailer parks,

(vii) parkland;

“French River” means the French River and its tributaries as identified on the

National Topographical System (NTS) 1:50,000 scale mapping and located within

the defined protected water supply area as shown on the map in

Schedule “A” to

the designation;

“mining activities” means the activities of extracting materials from the earth, such

as minerals, metals, coal and hydrocarbons, including detailed ground exploration

and processing;

“Minister” means the Minister of Environment and Climate Change;

“person” means a person as defined in the Act;

“processing” means those methods employed in the mining industry to clean,

separate and prepare coal, metals and non-metallic minerals from mined material;

“Protected Water Area” means the land and water designated by the Minister

pursuant to subsection 106(1) of the Act as the French River Watershed Protected

Water Area, as described in

Schedule “A” to the designation;

“Water Works Operator” means the Municipality of Colchester, operator of the

Tatamagouche Water Utility.

Public notice requirements

(1) The Water Works Operator must do all of the following:

(

a) post signs at appropriate locations to provide notice to the public of the

designation of the Protected Water Area;

(

b) replace any signs posted under clause (

a) that have been damaged or

removed;

(

c) take appropriate measures to advertise and provide notice to the public of

these regulations.

(2) A person must not remove or alter any sign, notice or advertisement posted by the

Water Works Operator under clause 106(2)(

c) of the Act.

Prohibition of landfills

(1) A person must not dispose of waste or establish a dump, landfill, construction and

demolition debris or waste disposal site within the Protected Water Area.

(2) A person who contravenes subsection (1) must immediately cease the activity and

rehabilitate the site in the manner directed by the Water Works Operator.

Agriculture

(1) Agricultural operations must maintain the following vegetated buffer strip from the

French River or its tributaries:

(a) 5 m to pastureland;

(b) 10 m to a field that is row cropped.

(2) A person must not stockpile or accumulate manure in a non-contained manner

within 100 m of the French River or its tributaries.

Erosion and sediment control

(1) A person must not undertake any activity that causes or might cause soil erosion

resulting in sediment being deposited in the French River or its tributaries located

within the Protected Water Area.

(2) A person who contravenes subsection (1) must immediately cease the activity and

take measures to control erosion and sediment in the manner directed by the Water

Works Operator.

(3) A person must not undertake any activity within the Protected Water Area

requiring grubbing or earth moving that would expose an area of ground 0.40 ha or

greater in area without first doing all of the following:

(

a) developing an erosion and sedimentation control plan as described in the

“Erosion and Sedimentation Control Handbook for Construction Sites”

published by the Department, or its successor document or code of practice;

(

b) notifying the Water Works Operator in writing 15 days before the date the

work begins.

(4) Any new development or land clearing in the Protected Water Area must maintain

an undisturbed buffer of 10 m along the French River and its tributaries.

(5) Subsection (3) does not apply to an agricultural operation in the Protected Water

Area.

Pits and quarries

7 A person must not commence, operate or use a pit or quarry for gravel, stone or other

types of aggregate extraction within the Protected Water Area without first doing all of

the following:

(

a) notifying the Water Works Operator;

(

b) obtaining approval from the Department if an approval is required under the

Act or regulations.

Mining activities

8 A person must not conduct mining activities within the Protected Water Area, including

detailed ground exploration and processing.

Legislative History

Reference Tables

French River Watershed Protected Water Area

Regulations

N.S. Reg.

8/2022

Environment 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 French River Watershed Protected Water Area Regulations made

under the Environment Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

8/2022

Jan 24, 2022

date specified

Feb 11, 2022

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

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

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.