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First
Session, 46th General Assembly 57
Elizabeth II, 2008 |
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AN ACT TO ENABLE THE
ISSUANCE OF WATER RIGHTS TO THE ENERGY CORPORATION OF |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE KATHY DUNDERDALE Minister of Natural Resources |
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Ordered
to be printed by the Honourable House of Assembly |
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EXPLANATORY NOTE This Bill would provide the authority
for the Lieutenant-Governor in Council to grant water rights with respect to the |
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A BILL AN ACT TO ENABLE THE ISSUANCE OF WATER
RIGHTS TO THE ENERGY CORPORATION OF Analysis 1. Short title 2. Definitions 3. Extinguishment of rights 4. No liability 5. No compensation 6. Granting of water rights 7. Application of certain provisions of the Electrical Power Control Act, 1994 Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Energy
Corporation of Definitions 2. In this Act (a) "Energy Corporation of (b) "Lower Churchill River" means that
part of the Churchill River below the 425 foot contour line or all the area
that lies below elevation 425 feet as referenced in Appendix A of The Churchill
Falls (Labrador) Corporation Limited (Lease) Act, 1961, downstream to the intersection of the Churchill River with
the meridian of 60° 45' west of Greenwich, and includes all
waters that originate within the Churchill River catchment area and all rivers
that naturally flow within the catchment area or from diversions into the
catchment area. Extinguishment of rights 3. Subject to the provisions of the Lower Churchill Development Act, any property in and rights to the use and flow of water, previously conferred by a grant, lease, licence or other instrument or under a statute of the province, or vested in, acquired by or accruing to a person by whatever means relating to the Lower Churchill River are extinguished. No liability 4. (1) An
action or proceeding does not lie or shall not be instituted or continued
against the Crown or a minister, employee or agent of the Crown based on a
cause of action arising from, resulting from or incidental to the
extinguishment of any property and rights under section 3. (2) A cause of action against the Crown or a
minister, employee or agent of the Crown arising from, resulting from or
incidental to an extinguishment of property and rights under section 3 is
extinguished. No compensation 5. A
person is not entitled to compensation or damages from the Crown or a minister,
employee or agent of the Crown arising from, resulting from or incidental to
the extinguishment of property and rights under section 3. Granting of water rights 6. (1) Subject to the provisions of the Lower Churchill Development Act,
notwithstanding the provisions of the Water
Resources Act and notwithstanding subsection 68(1) of the Environmental Protection Act, the
Lieutenant-Governor in Council may, upon the request of the Energy Corporation
of Newfoundland and Labrador, issue a licence, lease or other instrument
granting water rights with respect to the Lower Churchill River to the Energy
Corporation of Newfoundland and Labrador where the Energy Corporation of Newfoundland
and Labrador proposes to use the water rights for water power generation purposes.
(2) The
Lieutenant Governor in Council may establish the terms and conditions
applicable to a licence, lease or other instrument issued under subsection (1). (3) Notwithstanding subsections (1) and (2), a
licence, lease or other instrument issued to the Energy Corporation of
Newfoundland and Labrador shall not authorize the corporation to construct a water
power generation facility other than on the
portion of the Churchill River below the 425 foot contour line or all
the area that lies below elevation 425 feet as referenced in Appendix A of The Churchill
Falls (Labrador) Corporation Limited (Lease) Act, 1961, downstream to the intersection of the Churchill River with
the meridian of 60° 45' west of Greenwich. Application of certain provisions of the Electrical Power Control Act, 1994 7. Subsection 5.4(1) of the Electrical Power Control Act, 1994 applies to water rights that are granted under a licence, lease or other instrument under section 6 of this Act. ŠEarl G. Tucker,
Queen's Printer |