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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 767/96

Gander River Protected Area Regulations
under the
Urban and Rural Planning Act
(O.C. 96-222)

Under the authority of section 60 of the Urban and Rural Planning Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Gander River Protected Area Regulations .

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Definitions

        2. In these regulations

             (a)  "appeal board" means the appropriate regional appeal board established under section 7 of the Urban and Rural Planning Act ;

             (b)  "authority" means the Development Control Division of the Department of Municipal and Provincial Affairs or another person as designated by the minister;

             (c)  "development" has the same meaning as defined in the Urban and Rural Planning Act ;

             (d)  "protected area" means the area defined as the Gander River Protected Area by the Lieutenant-Governor in Council; and

             (e)  "protected area plan" means the Gander River Protected Area Plan prepared for the Minister of Municipal and Provincial Affairs under section 59 of the Urban and Rural Planning Act , together with any amendments as approved by the Lieutenant-Governor in Council.

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Development prohibited

        3. A person, corporation, partnership, association or other organization shall not carry out any development in the protected area unless a permit for the development has first been issued in writing by the authority.

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Application to develop

        4. An application for a permit to develop shall be made to the authority on the forms that he or she prescribes, and every applicant shall furnish with an application those plans and specifications as the authority requires.

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Copies

        5. The authority shall on request supply to every applicant a copy of the application form referred to in section 4, and a description of the plans, specifications and drawings required to be furnished with his or her application.

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Factors to be considered

        6. (1) The authority shall, when considering an application for a permit to develop, be bound in his or her decision by the protected area plan and regulations and shall consider

             (a)  the topography, physical condition and natural features of the land;

             (b)  the use or proposed use of the land, and the use of the land in the immediate vicinity;

             (c)  the design, location and construction of the proposed development;

             (d)  the adequacy of the method and the suitability of the land for the type of sewage disposal required; and

             (e)  the adequacy and suitability of the methods proposed for the disposal of waste material.

             (2)  The minister shall consult with all government departments, agencies, officials and persons considered necessary with respect to the considerations referred to in subsection (1).

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Requirements

        7. A permit shall not be issued for development in the protected area unless that development conforms with the policies and objectives for development as described in the protected area plan and summarized as follows:

             (a)  forestry, agriculture and other related activity may be permitted in accordance with the plan, and activities like reforestation may take place throughout, including areas shown as non-productive forests;

             (b)  recreation development shall be confined to recreational areas, and may include commercial lodges, camping sites, parks and private cottages;

             (c)  buffers may, at the discretion of the authority, contain wharves, jetties and boathouses;

             (d)  mineral exploration and extraction activity shall not reduce the quality of water in any waterbody or watercourse, and, where considered appropriate or necessary, that development shall be subject to an environmental impact study; and

             (e)  chemical spray areas shall be reserved solely for that purpose and in addition development may not take place within 400 metres of that area as defined and designated.

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Conditions

        8. The authority may

             (a)  attach to a permit those conditions required to ensure the proposed development or use of land or building shall be made suitable for the purpose it is intended to serve; and

             (b)  may permit development for a limited time as considered necessary.

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Duration of permit

        9. (1) A permit for a development is valid for a period of one year and may be renewed twice, for a maximum duration of 3 years, provided construction of the development is initiated prior to expiration of the first permit year.

             (2)  Failure by the applicant to initiate construction prior to the expiration of the first permit year shall require reapplication to the authority.

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Development only as approved

     10. Development shall be carried out in accordance with the plans approved by the authority and all conditions attached to them, and a person shall not erase, alter, or modify a drawing or specification for which a permit to develop has been issued, unless the modification has been approved by the authority.

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Failure to fulfil conditions

     11. The authority may, where all conditions imposed under these regulations have not been fulfilled, order the development to be discontinued and the land in respect of which the conditional or temporary permission was given to be restored to its former state.

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Permit card

     12. (1) In approving an application to develop, the authority may issue a permit card.

             (2)  The permit card referred to in subsection (1) shall be displayed in a conspicuous place in or upon the development during the entire course of construction.

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Entry permitted

     13. The authority, or an inspector designated by the authority, may enter upon any public or private land, and may at all reasonable times enter a building upon the land, for the purpose of making surveys or inspections or obtaining information relative to the carrying out of works applicable under these regulations.

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Non-application

     14. Nothing in these regulations shall apply

             (a)  to prevent the use of any land, building or structure for any purpose prohibited by the protected area plan if the land, building or structure was used for that purpose on the day of coming into force of these regulations so long as it continues to be used for that purpose;

             (b)  to prevent the completion of a structure or the use of land prohibited by the protected area plan provided the development was commenced prior to the coming into force of these regulations and provided the development is completed within a reasonable time after commencement; or

             (c)  to prevent the rebuilding of a structure, prohibited by the protected area plan, if that structure suffers damage to an extent greater than 50% of its replacement value, provided the owner of the structure,

                      (i)  submits an application for a permit to reconstruct within one year of that damage taking place,

                     (ii)  the application referred to in subparagraph (i) is for the same purpose as its original use at the date of the coming into force of these regulations, and

                    (iii)  the applicant initiates construction of the building within the first year of the permit life.

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Presumed refusal

     15. Applications properly submitted in accordance with these regulations and which have not been determined by the authority and returned to the applicant within 3 months after its receipt by the authority shall be presumed to be refused unless an extension of time has been requested by the authority and agreed upon in writing by the applicant.

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Appeal

     16. (1) The appropriate regional appeal board shall determine an appeal from the decision of the authority with respect to the application of these regulations.

             (2)  A person intending to appeal to an appeal board shall deposit with the board within 30 days after the date of the decision of the authority a notice of appeal indicating the grounds of the appeal and stating the name and address of the appellant and including 3 copies of a plan of the land or buildings concerned.

             (3)  The appeal board shall notify the appellant and the authority of the time and place for the hearing of the appeal.

             (4)  The decision of the appeal board shall be communicated in writing to the appellant and the authority.

             (5)  The decision referred to in subsection (4) is final and binding upon all parties, subject only to appeal to the Court of Appeal in accordance with section 122 of theUrban and Rural Planning Act .

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Repeal

      17. The Gander River Protected Area Regulations, 1989, Newfoundland Regulation 172/89, are repealed.