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Third Session, 44th General Assembly 50 Elizabeth II, 2001 |
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AN ACT TO AMEND THE HISTORIC |
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Received and Read the First Time |
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Second Reading |
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Committee |
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Third Reading |
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Royal Assent |
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HONOURABLE KEVIN AYLWARD Minister of Tourism, Culture and Recreation |
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Ordered to be printed by the Honourable House of Assembly |
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EXPLANATORY NOTES Clause 1 of the Bill would amend section 2 of the Historic Resources Act by amending the definitions of "minister" and "municipal authority", by deleting the definition of "division", by amending the definition of "provincial cultural property" and by adding definitions for the words "department", "fossil", "palaeontological investigation", "palaeontological resource", "significant fossil" and "significant palaeontological site". Clause 2 of the Bill would repeal and replace section 4 of the Act by adding the words "palaeontological resources" to the protection and preservation responsibilities of the minister. Clauses 3, 4 and 5 of the Bill would amend the Act by adding the words "palaeontological resources" to subsections 5(1), 6(3) and 7(2) of the Act. Clause 6 of the Bill would repeal and replace the title to Part II of the Act so that the title refers to palaeontological resources as well as historical resources. Clause 7 of the Bill would repeal and replace section 8 of the Act to add a requirement for investigation permits for palaeontological investigations. Presently permits are required for archaeological investigations. Clause 8 of the Bill would add the words "palaeontological investigation" to subsection 9(4) of the Act. Clause 9 of the Bill would repeal and replace section 10 of the Act so that palaeontological discoveries are reported to the minister as are archaeological discoveries. Clause 10 of the Bill would add a new section 11.1 to the Act to clarify that title to significant fossils is vested in the Crown, and prohibit trade in those fossils. Clauses 11, 12 and 13 of the Bill would amend sections 12, 13 and 14 of the Act to add references to palaeontological resources to those sections. Clause 14 of the Bill would amend section 15 of the Act respecting the maintenance of a registry in the "department". Presently the registry is maintained by the "division". This amendment would also add references to "palaeontological sites" and "historic districts" to the section. Clause 15 of the Bill would amend the Act by adding sections 16.1 and 16.2 respecting the declaration of a significant palaeontological site and the acquisition of lands for the purposes of the Act. Clause 16 of the Bill would provide the addition of a prohibition on the destruction of palaeontological sites and significant fossils to section 18 of the Act. Presently a similar prohibition exists respecting historical and archaeological artifacts and sites only. Clause 17 of the Bill would repeal and replace section 19 of the Act to confirm that the Heritage Foundation was and continues as a corporation and to make that foundation an agent of the Crown. Clause 18 of the Bill would amend section 21 of the Act to provide for the designation of heritage districts by the foundation. Clause 19 of the Bill would amend section 22 of the Act to clarify the membership appointment requirements with respect to the foundation, the filling of vacancies, the removal of members and quorums for the foundation. Clause 20 of the Bill would add subsection 25(3) to the Act respecting conflicts of interest of foundation members. Clause 21 of the Bill would repeal and replace subsection 28(1) of the Act to change the date upon which the foundation is to submit a report on its activities to the minister. Clause 22 of the Bill would add to the foundation regulatory section 29 of the Act a paragraph (a.1) to provide for the establishment of criteria for the designation of heritage districts. Clause 23 of the Bill would add references the significant fossils and palaeontological resources to subsection 31(1) of the Act respecting stop activity orders that may be issued. Clause 24 of the Bill would amend the regulation section 33 of the Act by adding references to palaeontological investigations, palaeontological resources and significant fossils. Clause 25 of the Bill would add section 33.1 to the Act to permit the ministerial designation of government employees to carry out the administration and enforcement of the Act. Clause 26 of the Bill would delete references to the words "in the division" in section 34 of the Act. Clause 27 of the Bill would add a new section 36 to the Act that would exempt persons from the application of the palaeontological resource sections of the Act where that person is carrying out lawful activities under 3 statutes relating to mineral and oil exploration and development. Clause 28 of the Bill is the commencement clause.
A BILL AN ACT TO AMEND THE HISTORIC Analysis 1. S.2 Amdt. 2. S.4 R&S 3. S.5 Amdt. 4. S.6 Amdt. 5. S.7 Amdt. 6. Part II Title R&S PART II 7. S.8 R&S 8. S.9 Amdt. Effects of permit 9. S.10 R&S Notice of discovery 10. S.11.1 Added Title to and trade in fossils 11. S.12 Amdt. 12. S.13 Amdt 13 S.14 Amdt. 14. S.15 Amdt. 15. Ss.16.1 & 16.2 Added 16. S.18 R&S 17. S.19 R&S 18. S.21 Amdt. 19. S.22 Amdt. 20. S.25 Amdt. 21. S.28 Amdt. 22. S.29 Amdt. 23. S.31 Amdt. 24. S.33 Amdt. 25. S.33.1 Added 26. S.34 Amdt. 27. S.36 Added 28. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSN1990 cH-4 1. (1) Paragraph 2(c) of the Historic Resources Act is repealed and the following substituted: (c) "department" means the department presided over by the minister; (c.1) "fossil" includes constructs and other structures that contain or are evidence of prehistoric organisms; (2) Paragraphs 2(g) and (h) of the Act are repealed and the following substituted: (g) "minister" means the minister appointed under the Executive Council Act to administer this Act; (h) "municipal authority" means (i) the City of Corner Brook, (ii) the City of Mount Pearl, (iii) the City of St. John's, and (iv) a municipality as defined in the Municipalities Act, 1999; (3) Section 2 of the Act is amended by adding immediately after paragraph (i) the following: (i.1) "palaeontological investigation" means an investigation carried out in the province by way of survey, examination or otherwise for the purpose of discovering a significant fossil in the province and that investigation may or may not require the removal of rock or a significant fossil found in, on or partly in land in the province; (i.2) "palaeontological resource" means a construct, structure or work of nature consisting of or being evidence of prehistoric multicellular organisms and palaeontological resources that are designated by regulation; (4) Paragraph 2(j) of the Act is amended by adding immediately after the word "resource" the words "or palaeontological resource". (5) Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (m), by deleting the period at the end of paragraph (n) and substituting a semi-colon and by adding immediately after paragraph (n) the following: (o) "significant fossil" means a fossil originating in the province and consisting of or containing evidence of a pre-historic organism that is of exceptional scientific or commercial value as designated in accordance with the regulations; and (p) "significant palaeontological site" means an area of land that is the subject of a declaration under section 16.1.
2. Section 4 of the Act is repealed and the following substituted: Duty of minister 4. The minister is responsible for the (a) protection and preservation; (b) co-ordination of the orderly development; (c) study and interpretation; and (d) promotion and appreciation of the historic resources and palaeontological resources of the province.
3. #9; Subsection 5(1) of the Act is amended by adding immediately after the word "resource" wherever it occurs, the words "or palaeontological resource".
4. Subsection 6(3) of the Act is amended by adding immediately after the word "resources" wherever it occurs, the words "and palaeontological resources".
5. Subsection 7(2) of the Act is amended by adding immediately after the word "resources" wherever it occurs, the words "and palaeontological resources".
6. The title of Part II of the Act is repealed and the following substituted: PART II
7. Section 8 of the Act is repealed and the following substituted: Investigation permit 8. (1) A person shall not carry out an archaeological investigation or a palaeontological investigation in the province unless that person holds a valid permit issued under this section. (2) The minister may issue a permit authorizing the person named in it to carry out an archaeological investigation or a palaeontological investigation. (3) The minister may limit a permit as to time and location and may impose those other terms and conditions that the minister thinks necessary. (4) The minister may cancel a permit at any time. (5) The holder of a permit issued under this section shall (a) within a time that may be specified in the permit, provide to the minister a progress report on the work done, in the detail that the minister may require; (b) upon completion of the investigation restore the site to the condition that existed before the beginning of the investigation, where it is reasonably possible to do so; and (c) deliver to the minister possession of all archaeological objects and significant fossils recovered as the result of the investigation carried out under the permit.
8. Subsection 9(4) of the Act is amended by adding immediately after the words "archaeological investigation" the words "or palaeontological investigation".
9. Section 10 of the Act is repealed and the following substituted: Notice of discovery 10. (1) A person who discovers an archaeological object or a significant fossil shall report the discovery immediately to the minister stating the nature of the object or fossil, the location where it was discovered and the date of discovery. (2) A person, other than one to whom a permit has been issued under this Act, who discovers an archaeological object or a significant fossil shall not move, destroy, damage, deface, obliterate, alter, add to, mark or interfere with or remove that object or fossil from the province.
10. The Act is amended by adding immediately after section 11 the following: Title to and trade in fossils 11.1 (1) All significant fossils, whether beneath the surface of the land, attached to the land or detached from the land are vested in the Crown. (2) Where a person dies possessing a significant fossil, the person responsible for the administration of the estate of the deceased person shall immediately deliver the significant fossil into the possession of the Crown. (3) Except with the written permission of the minister, a person shall not engage in a commercial trade, activity, sale or export of a palaeontological resource. (4) Notwithstanding subsection (3), the collection of a common palaeontological resource that is not a significant fossil is permitted provided that there is no commercial trade, activity, sale or export of that resource.
11. Subsection 12(1) of the Act is amended by adding immediately after the word "resources" the words "or palaeontological resources".
12. Subsection 13(1) of the Act is amended by adding immediately after the word "resources" wherever it occurs, the words "or palaeontological resources".
13. Subsections 14(1) and (3) of the Act are amended by adding immediately after the word "resource" wherever it occurs, the words "or a palaeontological resource".
14. (1) Subsection 15(1) of the Act is amended by deleting the word "division" and substituting the word "department". (2) Subsection 15(2) of the Act is amended by adding immediately after paragraph (b) the following: (b.1) significant palaeontological sites; (3) Paragraph 15(2)(d) of the Act is amended by adding immediately after the word "structures" the words "and registered heritage districts". (4) Subsection 15(3) of the Act is amended by adding immediately after paragraph (b) the following: (b.1) significant palaeontological sites; (5) Paragraph 15(3)(d) of the Act is amended by adding immediately after the word "structure" the words "and a registered heritage district". (6) Subsection 15(4) of the Act is repealed and the following substituted: (4) The minister shall not remove from the registry a provincial historic site, significant palaeontological site or provincial cultural property without first obtaining the approval of the Lieutenant Governor in Council.
15. The Act is amended by adding immediately after section 16 the following: Palaeontologically significant site 16.1 (1) The Lieutenant Governor in Council may, on the recommendation of the minister, and in accordance with the regulations, declare to be a significant palaeontological site, an area of land in the province that the minister considers to be of palaeontological significance. (2) Except with the written permission of the minister, a commercial or industrial use or development within a significant palaeontological site is prohibited. Acquisition of land 16.2 The Lieutenant-Governor in Council may acquire lands or rights with respect to an area declared to be a provincial historic site or a significant palaeontological site by purchase, expropriation under the Expropriation Act or other means mutually agreed upon with the owner of the lands or rights to be acquired.
16. Section 18 of the Act is repealed and the following substituted: Damage to site 18. A person shall not, except with the written consent of the minister (a) move, destroy, damage, deface, alter, add to, mark or interfere with; and (b) remove from a provincial historic site, registered historic site, significant palaeontological site of the province, an archaeological object, significant fossil, building, monument, thing or other structure located on, in or under a provincial historic site, registered historic site or significant palaeontological site.
17. Section 19 of the Act is repealed and the following substituted: Foundation 19. (1) The Heritage Foundation of Newfoundland and Labrador is confirmed as being and continuing as a corporation since December 10, 1985. (2) The foundation is an agent of the Crown.
18. Paragraph 21(a) of the Act is repealed and the following substituted: (a) to designate in the registry (i) an area of buildings or structures as a heritage district, and (ii) buildings and other structures as heritage buildings or structures; (2) Paragraph 21(b) of the Act is amended by adding immediately after the word "structures" the words "and registered heritage districts". (3) Paragraph 21(c) of the Act is amended by adding immediately after the word "structure" the words "or registered heritage district" and by adding immediately after paragraph (c) the following: (c.1) to establish committees in order to carry out its objects; (4) Paragraph 21(d) of the Act is amended by adding immediately after the word "structure" the words "or registered heritage district". (5) Paragraph 21(e) of the Act is repealed and the following substituted: (e) to make agreements with a person for marking or commemorating a registered heritage structure and with a person, organization or municipal authority for marking or commemorating a registered heritage district and for the care and preservation of that structure or district.
19. Subsections 22(3) and (4) of the Act are repealed and the following substituted: (3) Where members are appointed to the foundation (a) one shall be from the department; (b) the members shall provide geographic representation of the province; and (c) the members shall include persons with (i) a demonstrated knowledge of and involvement with the history of the province, (ii) demonstrated experience in the preservation of the heritage of the province, (iii) academic qualifications in a discipline associated with the preservation of the heritage of the province, and (iv) expertise necessary to the achievement of the objectives of the foundation. (4) A member of the foundation shall (a) be appointed for a term of 3 years; (b) be eligible for reappointment; and (c) upon the expiry of his or her 3 year term, continue as a member until reappointed or replaced. (4.1) Where a vacancy occurs in the membership of the foundation, the Lieutenant-Governor in Council may, in accordance with this section, appoint another person as a replacement member and that member shall be appointed for a 3 year term and may be reappointed. (4.2) Notwithstanding subsections (4) and (4.1), where a member of the foundation (a) fails, without a cause that is satisfactory to the minister, to attend 2 or more consecutive meetings of the foundation; or (b) fails to comply with subsection 25(3), the minister may direct the removal of that member from the foundation and the Lieutenant-Governor in Council may, in accordance with this section appoint a new member for a 3 year term. (4.3) A quorum of the foundation for the purposes of conducting a meeting shall consist of a majority of the members appointed to the foundation and matters shall be determined by a majority vote of the members present at the meeting.
20. Section 25 of the Act is amended by adding immediately after subsection (2) the following: (3) Where the foundation considers a matter for which a disbursement may be made and a member has a personal interest in that matter, that member shall remove himself or herself from all discussion and shall not vote on the matter and failure to remove himself or herself shall be considered to be cause for his or her removal as a member of the foundation.
21. Subsection 28(1) of the Act is repealed and the following substituted: Annual report 28. (1) The chairperson of the foundation shall, by not later than September 30 of each year, submit to the minister a report on the activities of the foundation during the immediately previous fiscal year and that report shall include the financial statement and auditor general's report on that statement.
22. Section 29 of the Act is amended by adding immediately after paragraph (a) the following: (a.1) establishing criteria for the designation of more than one building or structure within an area as a registered heritage district;
23. Subsection 31(1) of the Act is repealed and the following substituted: Temporary stop order 31. (1) Where the minister or an employee referred to in section 33.1 is of the opinion that a person is engaged in an activity that is likely to result in damage to or destruction of an historic resource, significant palaeontological site or a significant fossil, the minister or employee may issue a temporary stop order requiring a person to stop the activity or part of the activity that is specified in the order for a period of not more than 30 days to permit the (a) salvaging of the historic resource, significant palaeontological site or significant fossil; (b) conducting of an archaeological investigation of the historic resource or a palaeontological investigation of the significant palaeontological site or significant fossil; or (c) investigating of alternatives to the damaging or destruction of the historic resource, significant palaeontological site or significant fossil.
24. (1) Paragraph 33(e) of the Act is amended by adding immediately after the word "investigations" the words "or palaeontological investigations" and by deleting the word "and" at the end of that paragraph. (2) Section 33 of the Act is amended by adding immediately after paragraph (e) the following: (e.1) respecting the commercial exploitation of fossils and commercial activities related to the exploration for, viewing or collection of fossils; (e.2) respecting the issuing of permits to conduct palaeontological investigations; (e.3) respecting the preservation and handling of palaeontological resources; (e.4) respecting the designation of palaeontological resources and significant fossils; (e.5) respecting the designation of significant palaeontological sites, including the criteria by which those sites may be designated; and
25. The Act is amended by adding immediately after section 33 the following: Designation of employees 33.1 In addition to employees of the department responsible for the implementation and administration of this Act, the minister may designate persons from among other employees of the government of the province to do those things necessary for the implementation and administration of this Act.
26. Section 34 of the Act is amended by deleting the words "in the division" wherever they occur.
27. The Act is amended by adding immediately after section 35 the following: Application 36. The provisions of this Act, to the extent that they apply to a fossil, significant fossil, palaeontological resource or significant palaeontological site, shall not apply to a person in the conduct of an activity that is lawfully carried out under the Mineral Act, the Petroleum and Natural Gas Act and the Quarry Materials Act, 1998. Commencement 28. This Act shall come into force on a day to be proclaimed by the Lieutenant Governor.
©Earl G. Tucker, Queen's Printer |