NEWFOUNDLAND REGULATION 21/97

Voisey's Bay Mining Development Undertaking
Exemption Order
under the
Environmental Assessment Act
(O.C. 97‑021)

(Filed February 18, 1997)

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, February 10, 1997.

Wayne Green
for the Clerk of the Executive Council

ORDER

Analysis

Short title

1. This Order may be cited as the Voisey's Bay Mining Development Undertaking Exemption Order.

Exemption

2. The Voisey's Bay mining development undertaking for the development of a nickel-copper-cobalt mine and mill at Voisey's Bay in Labrador is exempted from the Environmental Assessment Act.

Terms and conditions of exemption

3. The exemption effected by this order is subject to the terms and conditions contained in the Appendix to this order.

Appendix

1. The environmental assessment of the Voisey's Bay mining Development Undertaking (“undertaking”) will be performed in accordance with the duly executed Memorandum of Understanding on Environment Assessment of the Proposed Voisey's Bay Mining Development (“MOU”).

2. Before the decision in term and condition 3 is made, the Minister of Environment and Labour, the President of the Labrador Inuit Association and the President of the Innu Nation will consult with each other with respect to the recommendations contained in the panel report and attempt to reach consensus on these recommendations.

3. On receipt of the panel report, and on recommendation, or failing consensus, on recommendations of the Minister of Environment and Labour, the President of the Labrador Inuit Association and the President of the Innu Nation, the Lieutenant‑Governor in Council will decide to accept the undertaking with terms and conditions or reject the undertaking.

4. The recommendation, or failing consensus, the recommendations to the Lieutenant‑Governor in Council in term and condition 3 by the Minister of Environment and Labour, the President of the Labrador Inuit Association and the President of the Innu Nation will be made within 30 days of their receipt of the panel report under section 4.1 of the MOU.

5. All necessary regulatory approvals, permits and licences required by federal, provincial and municipal authorities for the various activities and stages of the undertaking will be obtained by Voisey's Bay Nickel Company Limited and/or their contractors, agents and representatives and copies of them will be forwarded to the Minister of Environment and Labour.

EXPLANATORY NOTE

The reason for this Exemption Order is to enable the province to participate in a joint environmental assessment of the undertaking. A Memorandum of Understanding on Environmental Assessment of the Proposed Voisey's Bay Mining Development (“MOU”) will be executed by the relevant departments of the federal and provincial governments, the Labrador Inuit Association and the Innu Nation following the approval of this Exemption Order by the Lieutenant‑Governor in Council. The MOU provides for a single, effective and efficient environmental assessment, including provision for comprehensive public involvement. The MOU eliminates the possibility of duplicative and costly environmental assessments potentially jeopardizing the undertaking which would clearly not be in the public interest.