This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1997 Botanical Ecological Reserve Regulations (Filed May
21, 1997) Under the
authority of sections 25 and 29 of the Wilderness
and Ecological Reserves Act, the Lieutenant-Governor in Council makes the
following regulations. Dated at John
Cummings REGULATIONS Analysis 1. Short
title 2. Definitions 3. Restrictions 4. Exception 5. Research
in reserve 6. Exception
for research 7. Hunting
and fishing 8. Permit
required 9. Application
of regulations Schedule Short title 1. These regulations may be cited as
the Botanical Ecological Reserve
Regulations. Definitions 2. In these regulations (a) "Act"
means the Wilderness and Ecological
Reserves Act; (b) "managing
agency" means the Parks and Natural Areas Division of the Department of
Tourism, Culture and Recreation; (c) "management
plan" means the management plan for a declared botanical ecological reserve
on file with the managing agency; (d) "permit"
means a permit issued and valid under these regulations; (e) "personal
watercraft" includes jet-skis, sea-doos, wave-runners and the like but
excludes ordinary motorized boats, kayaks and canoes; (f) "reserve" means a botanical ecological reserve set aside
under the Act and listed in the Schedule; (g) "structure"
means a man-made object intended to be permanent or semi-permanent in nature
and includes, but is not limited to, buildings, houses, cottages, cabins,
wharves, docks, boathouses, slipways, trailers, mobile homes, tents, tent
platforms, and recreational vehicles used for any purpose but does not include
semi-permanent blinds and signs erected under the authority of the management
plan; and (h) "wildlife"
means an animal or plant. Restrictions 3. Within a reserve, a person shall
not (a) remove
or dislocate a botanical specimen except for scientific study and this only
when the researcher is the holder of a valid permit; (b) pollute
or obstruct a stream or other body of water or dispose of any garbage; (c) build
or erect or cause to have built or erected any structure; (d) destroy,
damage, remove, disturb, or handle the home, den, or nest of wildlife; (e) destroy,
damage, remove, disturb, or handle an egg of any wild bird; (f) destroy, damage and remove any wildlife, fossil or other natural
object; (g) destroy,
damage, or remove a sign or other government property; (h) remove
sand, stone, or gravel; (i) prospect, claim stake, mine or quarry; (j) use, operate or be in possession of a motor car, motor truck,
four-wheel drive vehicle, all-terrain vehicle, snowmobile, personal watercraft
or other motorized conveyance; (k) land
an aircraft; (l) operate a commercial establishment or commercial enterprise within
the reserve, except guiding, touring and outfitting; (m) display,
post or broadcast an advertisement; (n) herd
or graze animals within a reserve; (o) light
a fire; and (p) camp. Exception 4. A person engaged in the
administration or management of a reserve in the normal course of his or her
duties is exempt from paragraphs 3(a), (d), (e), (f), (g), (k) and (m). Research in reserve 5. Scientific research within a
reserve shall require a permit and those permits may be obtained from the
managing agency on submission of a written request outlining the research
project, and subject to the terms and conditions that the managing agency may
determine. Exception for research 6. A person engaged in scientific
study which is approved by the managing agency and for which a permit has been
issued under section 5 may be exempted from paragraphs 3(a),(c), (d), (e) and
(f). Hunting and fishing 7. All hunting and fishing within the
West Brook and Watts Point Reserves is allowed in accordance with permits or
licenses issued under the Wildlife Act,
the Migratory Birds Convention Act ( Permit required 8. (1) A person engaged in a touring,
guiding or outfitting enterprise shall obtain a permit for the enterprise from
the managing agency. (2) Applications
for a permit shall provide a full description of the enterprise planned. Application of regulations 9. These regulations shall apply to
the botanical ecological reserves listed in the Schedule, except to the extent
that they have been modified by the Order declaring a given botanical
ecological reserve in effect. Schedule 1. Hawke Hill Ecological Reserve. 2. Watt's Point Ecological Reserve. 3. West Brook Ecological Reserve. 4. King George IV Ecological Reserve. ©Earl G. Tucker, Queen's Printer |