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NEWFOUNDLAND AND LABRADOR
REGULATION 71/15

Wabush 3 Open Pit Mine Project Undertaking Release Order
under the
Environmental Protection Act
(O.C. 2015-185)

(Filed September 10, 2015)

Under the authority of paragraph 67(3)(a) of the Environmental Protection Act, the Lieutenant-Governor in Council, on the recommendation of the Minister of Environment and Conservation, makes the following Order.

Dated at St. John’s , September 10, 2015.

Julia Mullaley
Clerk of the Executive Council

ORDER

Analysis



Short title

        1. This Order may be cited as the Wabush 3 Open Pit Mine Project Undertaking Release Order.

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Definition

        2. In this Order, "IOC" means the proponent, the Iron Ore Company of Canada .

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Release from environmental assessment

        3. The Wabush 3 Open Pit Mine Project by the IOC is released from environmental assessment.

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Terms and conditions of release

        4. The release of the Wabush 3 Open Pit Mine Project from environmental assessment under section 3 is subject to the following terms and conditions:

             (a)  IOC shall adhere to all mitigation, monitoring and commitments stated in the Environmental Impact Statement submitted August 8, 2014 and the Environmental Impact Statement amendment submitted March 3, 2015;

             (b)  IOC shall prepare a benefits plan to the satisfaction of the Minister of Natural Resources before beginning site development activities, and IOC shall be bound by that benefits plan;

             (c)  IOC shall prepare and submit a gender equity and diversity plan to the satisfaction of the Minister Responsible for the Status of Women, the Minister of Seniors, Wellness and Social Development and the Minister of Natural Resources before beginning site development activities, and IOC shall be bound by that gender equity and diversity plan;

             (d)  IOC shall prepare and submit environmental effects monitoring plans, in consultation with applicable divisions of the departments of the government of the province, and submit them to the Minister of Environment and Conservation, and receive the minister’s approval for the environmental effects monitoring plans, before the start of any site specific construction;

             (e)  the environmental effects monitoring plans referred to in paragraph (d) shall cover the following valued ecosystem components and be developed to monitor effects as a result of the Wabush 3 Open Pit Mine Project and to ensure that any changes to existing baseline as a result of it are document and mitigated against:

                      (i)  water resources,

                     (ii)  air quality, and

                    (iii)  noise and vibration;

             (f)  IOC shall prepare an annual report of the results of the environmental effects monitoring plan required under paragraph (d) obtained at all monitoring sites and shall make the report results available publicly;

             (g)  IOC shall enter into a memorandum of agreement with the Department of Environment and Conservation, Water Resources Management Division, for the installation of a real time water quality/quantity monitoring network to monitor impacts on flow and water quality in and around the proposed mining project;

             (h)  the memorandum of agreement referred to in paragraph (g) shall be signed and the network installed before the start of site development activities, and all costs shall be borne by IOC;

              (i)  IOC shall prepare and submit an environmental protection plan for all applicable construction and operation activities to the Minister of Environment and Conservation for approval before the start of any site specific construction; and

              (j)  the environmental protection plan referred to in paragraph (i) shall describe the environmental protection and mitigation measures that will be applied throughout the life of the Wabush 3 Open Pit Mine Project to avoid or minimize potential negative effects on the environment associated with that project.