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Newfoundland Regulation 1996


NEWFOUNDLAND REGULATION 37/96

NEWFOUNDLAND REGULATION 37/96

Terra Nova Development Project Exemption Order
under the
Environmental Assessment Act
(O.C. 96‑433)

(Filed May 7, 1996)

Under the authority of paragraph 37(1)(a) of the Environmental Assessment Act, the Minister of Environment and Labour, with the approval of the Lieutenant‑Governor in Council, makes the following Order.

Dated at St. John's, April 26, 1996.

Kevin Alyward
Minister of Environment and Labour

A. Faour
Deputy Clerk of Executive Council

ORDER

Analysis


        1.   Short title

        2.   Exemption declared

        3.   Reason for exemption

        4.   Memorandum of understanding

        5.   Additional exemptions, conditions

        6.   Conditions of exemption and penalty

Schedule


Short title

        1. This Order may be cited as the Terra Nova Development Project Exemption Order.

Exemption declared

        2. The Terra Nova Development Project, as described in the Terra Nova Development Plan Application, DPA, to develop and exploit the petroleum resources of the Terra Nova Oilfield, located some 350 kilometres southeast of St. John's, Newfoundland and Labrador, is exempted from the Environmental Assessment Act.

Reason for exemption

        3. The rationale for this exemption is to enable the province to participate in a joint federal‑provincial environmental assessment of the Terra Nova Development Project.

Memorandum of understanding

        4. (1) A memorandum of understanding, MOU, concerning environmental assessment of the Terra Nova Development Project has been concluded among the relevant departments and agencies of the federal and provincial governments and the Canada‑Newfoundland Offshore Petroleum Board.

             (2)  The MOU provides for a single environmental assessment which meets the decision making requirements of all parties.

             (3)  The joint environmental assessment referred to in subsection (2) eliminates the possibility of duplicative and costly environmental assessments of the same project, potentially jeopardizing the project, which is clearly not in the public interest.

Additional exemptions, conditions

        5. (1) Elements of the Terra Nova Development Project not captured in the DPA, may also be exempted, by order, from the Environmental Assessment Act, where it is considered to be in the public interest and under those conditions as may be appropriate at the time.

             (2)  The conditions referred to in subsection (1) may include the development of environmental protection plans.

Conditions of exemption and penalty

        6. (1) This exemption is subject to the conditions provided in the Schedule.

             (2)  Failure to comply with the conditions referred to in subsection (1) shall be cause of the exemption order to be revoked, under paragraph 37(1)(b) of the Environmental Assessment Act.


Schedule

                   All necessary regulatory approvals, permits and licences required by federal, provincial and municipal authorities for the various activities and stages of the project shall be obtained by the proponents and their contractors, agents and representatives and copies of the same shall be forwarded to the Minister of Environment and Labour.