This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1997 Wilderness Reserve Regulations, 1997 (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. Permits
and licences 4. Entry 5. Camping 6. Camping
time limit 7. Restrictions 8. Exemption 9. Exemption 10. Exemption 11. Permit required 12. Domesticated
animals 13. Dogs
or horses 14. Aircraft 15. Flying
restriction 16. Snowmobile
and outboard 17. Salmon enhancement projects 18. Prohibition
of activities 19. Existing
structures 20. Property
in reserve 21. Removal
of structures 22. Removal
of structures 23. Hydroelectric
facilities 24. Notice
to division 25. 26. Scientific
research 27. Application 28. Repeal Schedule Short title 1. These regulations may be cited as
the Wilderness Reserve Regulations, 1997. Definitions 2. In these regulations (a) "Act"
means the Wilderness and Ecological
Reserves Act; (b) "aircraft"
means any machine for flying and includes fixed or rotary wing airplanes,
gliders and hang gliders; (c) "firearm"
means a device whereby a missile is discharged by means of an explosive
propellant or by means of compressed air or by a spring, and includes sporting
guns, repeating guns, pump guns, set guns, swivel guns, punt guns, rifles,
pistols, and revolvers of every description, hunting bows and arrows; (d) "managing
agency" means the Parks and Natural Areas Division of the Department of
Tourism, Culture and Recreation; (e) "management
plan" means the management plan for a declared wilderness reserve on file
with the managing agency; (f) "off-road vehicles" means a motorized vehicle designed
for, or capable of cross-country travel on unprepared surfaces including but not
limited to water, snow, ice, marsh, bog or swampland or other natural terrain
and, without limiting the generality of the foregoing, includes (i) lower pressure tire vehicles, (ii) four-wheel drive vehicles, (iii) all-terrain vehicles and all-terrain cycles, (iv) motor cycles and related two-wheel motorized vehicles including
dirt bikes, (v) snowmobiles, (vi) personal watercraft including jet-skis, sea-doos, wave-runners and
the like but excludes ordinary motorized boats, kayaks and canoes, (vii) mini bikes, (viii) amphibious machines, (ix) trail bikes, or (x) other means of transportation propelled by power other than by
muscular power or by wind; (g) "permit"
means a permit issued and valid under these regulations; (h) "reserve"
means a wilderness reserve set aside under the Act and listed in the Schedule. (i) "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, tent platforms, camps, shelters and recreational vehicles used
for any purpose; and (j) "wildlife" means an animal or plant. Permits and licences 3. The minister, or a person
authorized by the minister, may issue a permit or other written authorization
that allows certain activities to be carried on in a reserve, subject to
restrictions imposed by these regulations and the Act. (2) The
activities referred to in subsection (1) may be limited by the conditions
declared on the permit or in the written authorization. (3) A
permit or written authorization shall be issued in accordance with the
guidelines described in the management plan for a reserve. (4) Permits
may be issued for periods of up to 12 months' duration and may be renewed, upon
expiration, on the terms that the managing agency may prescribe. Entry 4. A person or group may not enter a
reserve except (a) the
holders of a permit; and (b) a
person engaged in the administration and management of a reserve. Camping 5. (1) A person shall not erect or use
a tent or other temporary shelter within a reserve, except a person engaged in
the administration and management of a reserve, or the holder of a permit
issued in accordance with section 3. (2) Notwithstanding
subsection (1), a person may within a reserve park a motorized pick-up truck
camper for use as a camp within 20 meters of the centre of any roadway in a
reserve. Camping time limit 6. The period for which a tent, other
temporary shelter or camp is located at one site shall be limited to 10 days in
succession unless otherwise authorized by the managing agency. Restrictions 7. (1) Within a reserve a person shall
not (a) pollute
or obstruct a stream or other body of water or dispose of any garbage; (b) build
or erect or cause to have built or erected a structure; (c) destroy,
damage, remove, disturb or handle the home, den or nest of wildlife; (d) destroy,
damage, remove, disturb or handle an egg of any wild bird; (e) be
in possession of a firearm unless the firearm is securely wrapped and tied; (f) destroy, damage or remove wildlife, fossil material and any natural
object; (g) destroy,
damage or remove a sign, or other government property; (h) remove
sand, stone or gravel; (i) use, operate or be in possession of a motor car, motor truck,
four-wheel drive vehicle registered or required to be registered under the Highway Traffic Act, except upon
existing roads within the Avalon Wilderness Reserve; (j) use, operate or be in possession of an off-road vehicle; (k) operate
a commercial establishment or commercial enterprise within a reserve, except
guiding, touring and outfitting; (l) display, post or broadcast an advertisement; or (m) operate
or be in possession of an outboard motor. Exemption 8. A person engaged in the
administration or management of a reserve in the normal course of his or her
duties is exempt from paragraphs 7(c), (d), (e), (f), (g), (h), (l) and
sections 14 and 15. Exemption 9. A person engaged in scientific
study which is approved by the managing agency may be exempted from paragraphs
7(c), (d), (e), (f), (h) and sections 14 and 15. Exemption 10. A person engaged in hunting,
fishing or trapping may be exempted from paragraphs 7(e) and (f) if he or she
holds a valid permit issued under the Wild
Life Act, the Migratory Birds
Convention Act (Canada) or the Fisheries
Act (Canada) and that activity is expressly permitted under terms of the
permit. Permit required 11. (1) A person engaged in a touring,
guiding and outfitting enterprise must obtain a permit for that enterprise from
the managing agency. (2) Applications
for a permit shall provide a full description of the enterprise planned. Domesticated animals 12. A person shall not bring a
domesticated animal into a reserve. Dogs or horses 13. (1) A person may enter a reserve
with a dog or horse if that dog or horse is kept under control at all times. (2) A
person operating a touring or guiding enterprise may enter a reserve with a
domesticated animal, if the use of this animal is specifically approved under
the condition of the permit issued under section 11. Aircraft 14. Within the Bay du Nord Wilderness
Reserve, (a) the
landing of aircraft is prohibited within any sensitive areas of the reserve as
identified in the management plan for the reserve, except at the times
indicated in the management plan for the reserve; and (b) aircraft
flying through the sensitive areas at the times indicated in the management
plan for the reserve will maintain an altitude of 600 metres above ground
level. Flying restriction 15. Within the Avalon Wilderness
Reserve, the operator of an aircraft shall not fly that aircraft over the
reserve at an altitude of less than 300 meters except for the purpose of
landing or take-off; Snowmobile use and outboard motors 16. (1) Within the Avalon Wilderness
Reserve, the use of snowmobiles is prohibited. (2) Within
the Bay du Nord Wilderness Reserve, the use of snowmobiles is permitted, except
within the winter range of the caribou herd as identified in the management
plan for the reserve. (3) Within
the Bay du Nord Wilderness Reserve, outboard motors of up to 6 horsepower may
be used, except in designated canoe routes as identified in the management
plan. (4) Within
the Avalon Wilderness Reserve, outboard motors of up to 6 horsepower may be
used only on Salmon enhancement projects 17. (1) Within the Bay du Nord
Wilderness Reserve, Atlantic salmon may be introduced into waters they do not
now occupy, provided a permit for the project is obtained from the managing
agency. (2) Applications
for a permit shall provide a full description of the work to be carried out as
part of the enhancement project. 18. Construction and blasting
associated with salmon enhancement will not be permitted within a reserve. Existing structures 19. A new structure will not be
permitted within a wilderness reserve referred to in the Schedule to these
regulations. Property in reserve 20. (1) Persons with legal title to
structures and land within a reserve may continue to own those premises and to
occupy and use them during the times specified in the management plan for a
reserve concerned. (2) First
option to purchase structures and land within a reserve, should these owners
decide to sell, is retained by and vests in the Crown and any sale, conveyance,
gift, grant, or other transfer of land or property to which this section
applies, to a person other than the Crown, is void without the prior waiver in
writing of the Crown's option as established by this section. Removal of structures 21. All illegal structures within a
reserve will be removed at the owner's expense. Removal of structures 22. All structures built within a
provisional reserve on condition that they be removed without compensation when
the final reserve is established shall be removed. Hydroelectric facilities and maintenance 23. (1) Newfoundland and Labrador
Hydro, Newfoundland Power or another public utility shall present to the
managing agency an environmental protection plan detailing how maintenance work
on any transmission line, any rights-of-way, or existing infrastructure related
to it, including bridges and roadways, which pass through a section of the
wilderness reserve will be carried out to minimize environmental damage. (2) Where the
person who submitted the plan makes changes to it, he or she shall notify the
managing agency providing details of the changes as soon as practicable after
they are made. (3) (4) The
work plan under subsection (3) shall cover the period April 1 to March 31 of
the following year, and shall be presented by January 1 annually. (5) The
managing agency shall, within 60 days of receipt of the annual work plan,
approve it, or direct that modifications be made and the work shall be carried
out in accordance with the approved work plan or modified work plan. Notice to division 24. 25. Notwithstanding paragraph 7(1)(j),
Newfoundland Power and Newfoundland and Labrador Hydro are permitted to use
all-terrain vehicles and snowmobiles as approved in writing by the management
agency within a wilderness reserve on the company's existing access routes as
defined by the managing agency, solely for the purpose of inspecting or
maintaining the company's existing facilities and structures which are within
the reserve. Scientific research 26. 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 fully outlining and
detailing the research project. Application 27. These regulations shall apply to
the wilderness reserves listed in the Schedule except to the extent that they
have been modified by the Order declaring a given wilderness reserve in effect. Repeal 28. The
Wilderness and Ecological Reserves
Regulations, Consolidated Newfoundland Regulation 1087/96 and Newfoundland
Regulation 10/97, are repealed. Schedule 1. Avalon Wilderness Reserve. 2. Bay du Nord Wilderness Reserve. ©Earl G. Tucker, Queen's Printer |