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French Mill Brook Watershed Protected Water Area Designation

made under

Section 106 of the

Environment Act

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

N.S. Reg. 148/2004 (May 3, 2004)

as amended by N.S. Reg. 213/2007 (April 13, 2007)

In the Matter of: the Environment Act , S.N.S. 1994-95, c.1, s.106

In the Matter of: the designation of an area surrounding French Mill Brook, Hants

County, as a Protected Water Area, to be known as the “French

Mill Brook Watershed Protected Water Area”

Designation of the French Mill Brook Watershed Protected Water Area and the Making

of Regulations with Respect Thereto

Whereas on March 23, 1983 the Minister of the Environment, at the request of the

Municipality of the District of West Hants, operator of the water supply and water works for

Falmouth, and pursuant to

Section 17 of the Water Act (c. 335, RSNS, 1967 as amended)

designated by Order, an area surrounding French Mill Brook, Hants County, as a Protected

Water Area;

Whereas the French Mill Brook watershed designation and regulations governing activities in

the Protected Water Area were published in the Royal Gazette [Part I] on April 6, 1983

pursuant to

section 17(3) of the Water Act ;

Whereas

Section 106 of

Chapter 1 of the Acts of 1994-95, the Environment Act , provides for

the designation by the Minister of Environment and Labour of a protected water area and the

making of regulations under subsection (6) to prohibit, regulate or require the doing of any act

or acts in a protected water area that may impair or prevent the impairment, as the case may be,

of the quality of the water in the Protected Water Area;

Whereas subsection 106(5) of the Environment Act states that any protected water area

designated pursuant to the Water Act , prior to the coming into force of the Environment Act

remains so designated;

Whereas protected water area designations and regulations are to be filed and published

pursuant to Sections 3 and 4 of the Regulations Act , and the French Mill Brook watershed

designation and regulations have not been filed to date;

Therefore pursuant to

Section 106 of

Chapter 1 of the Acts of 1994-95, the Environment Act ,

the undersigned, Kerry Morash, Minister of Environment and Labour hereby

(

a) ratifies the French Mill Brook Watershed Protected Water Area designation made

March 23, 1983 pursuant to subsection 17(1) of the Water Act , and confirms that the

designated area described in

Schedule “A” remains so designated;

(

b) repeals regulations made March 23, 1983 pursuant to subsection 17(2) of the Water

Act and makes regulations respecting activities in the French Mill Brook Watershed

Protected Water Area, in the form set forth in

Schedule “B”; and

(

c) on behalf of the Municipality of the District of West Hants, operator of the Falmouth

water works, directs the Department of Environment and Labour to file the French

Mill Brook Watershed Protected Water Area designation and regulations with the

Registrar of Regulations pursuant to the Regulations Act .

Sgd: K. Morash

Honourable Kerry Morash

Minister of Environment and Labour

Halifax, Nova Scotia May 3, 2004

Schedule “A”

French Mill Brook Watershed Protected Water Area Boundary Description

All those lands situate in the Township of Falmouth and wholly within the County of Hants,

Province of Nova Scotia, comprising an approximate area of Two Thousand Eight Hundred and

Fourteen acres according to a Plan prepared the 29 th day of April, A.D., 1974, and recorded at

the Registry of Deeds for Hants County on 23 rd day of April, A.D., 1975 as Plan No. P-1005,

said Plan being amended and filed at the Registry of Deeds for Hants County on the 7 th day of

December, A.D., 1982 as Plan No. P-3742, and being more particularly described as follows:

BEGINNING at a point, said point being an iron stake marking the southeastern corner of lands

of the Municipality of the District of West Hants and the northern corner of lands of Bernard

Curry and a western corner of lands of T. Mouris, as shown on said plan of survey;

THENCE on a bearing north nine degrees fifty-four minutes west a distance of two hundred

and fifty-five feet to a point;

THENCE on a bearing north twenty-seven degrees west a distance of three thousand three

hundred and sixty-two feet to a point;

THENCE on a bearing north five degrees fifty minutes east a distance of nine hundred and

twenty-three feet to a point;

THENCE on a bearing north twenty-seven degrees thirty minutes west a distance of five

thousand one hundred and one feet to a point;

THENCE on a bearing south sixty-eight degrees west along the old base line a distance of

eighteen thousand and ninety-six feet to a pint [point];

THENCE on a bearing south twenty-two degrees east a distance of five thousand one hundred

and thirty-seven feet to a point;

THENCE on a bearing north sixty-eight degrees east a distance of six thousand two hundred

and ten feet to a point;

THENCE on a bearing north eighty-three degrees twenty minutes east a distance of five

thousand nine hundred and fifty-five feet to a point;

THENCE on a bearing south sixty-eight degrees forty minutes east a distance of two thousand

nine hundred and thirty-six feet to a point;

THENCE on a bearing north eighty-three degrees twenty minutes east a distance of three

thousand two hundred feet to an iron stake;

THENCE along the center line of the Eldridge Settlement Road in a southeasterly direction a

distance of one thousand and fifteen feet more or less to a point;

THENCE on a bearing north thirty-nine degrees eleven minutes east a distance of six hundred

and six feet more or less to a point;

THENCE on a bearing north twenty-eight degrees zero six minutes east a distance of five

hundred and sixty-five feet to a maple tree;

THENCE on a bearing north forty-nine degrees seventeen minutes west a distance of four

hundred and five feet to the place of beginning.

The boundaries set out above are approximated on the map attached as Appendix A.

Boundary description amended: N.S. Reg. 213/2007.

Appendix A–Map of Approximate Boundaries

of French Mill Brook Watershed Protected Water Area

Appendix “A” Map added: N.S. Reg. 213/2007.