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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 87/02

NEWFOUNDLAND AND LABRADOR
REGULATION 87/02

Glover Island Public Reserve Regulations
under the
Lands Act
(O.C. 2002-601)

(Filed November 18, 2002)

Under the authority of section 41 of the Lands Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, November 13, 2002.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Restrictions

        4.   Camping

        5.   Building

        6.   Timber harvesting

        7.   Mineral exploration

        8.   Commercial development

        9.   Existing development


Short title

        1. These regulations may be cited as the Glover Island Public Reserve Regulations.

Definitions

        2. In these regulations

             (a)  "Newfoundland Marten" means the Newfoundland population of the Martes americana atrata;

             (b)  "outfitter" means the owner or operator of a camp site, lodge, cabin and related facilities constructed solely for the purpose of and used solely as a base for outfitting operations for sports fishing or hunting and related commercial recreational activities, that is licensed under the Tourist Establishment Regulations;

             (c)  "reserve" means the Glover Island Public Reserve;

             (d)  "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; and

             (e) "timber" means trees and shrubs, whether standing or felled, live or dead; and.

              (f)  "wild life" means wild life as defined in the Wild Life Act.

Restrictions

        3. Within the reserve, a person shall not

             (a)  disturb, hunt, take, interfere with or kill the Newfoundland Marten;

             (b)  bring a dog, except during the open season in the area for hunting and shooting small game;

             (c)  trap, net or snare wild life, except by a trap, net or snare approved by the Director of Inland Fish and Wild Life for use in the reserve, or by an underwater beaver set;

             (d)  dispose of garbage;

             (e)  bring or use poison, pesticides, traps, nets or snares, except  a trap, net or snare approved by the Director of Inland Fish and Wild Life for use in the reserve, or an underwater beaver set; or

              (f)  pollute or obstruct a stream or other body of water.

Camping

        4. (1) A person shall not camp in the reserve for longer than 10 nights except with a permit.

             (2) The minister responsible for the Wilderness and Ecological Reserves Act may issue a permit to camp outside the restrictions in subsection (1).

Building

        5. (1) The minister shall not issue a lease, grant or license to occupy for an area of Crown lands within the reserve except in accordance with a permit issued under sections 7, 8 and 9.

             (2)  A person shall not build or expand any structure within the reserve except in accordance with a permit issued under sections 7, 8 and 9.

             (3)  Where a structure existed on the land in the reserve prior to the coming into force of this regulation without a lease, grant or permit to occupy, the minister shall not issue a lease, grant or license to occupy in respect of the structure.

             (4)  The minister may issue a lease, grant or license to occupy for a structure referred to in subsection (3) where the application for the lease, grant or permit to occupy was made prior to the coming into force of this regulation.

Timber harvesting

        6. A person shall not harvest timber within the reserve except in accordance with a permit issued under sections 7, 8 and 9.

Mineral exploration

        7. (1) A person shall not explore for minerals within the reserve without a permit issued under subsection (2).

             (2)  The minister may issue a permit for mineral exploration and development, on terms and conditions that the minister considers appropriate.

             (3)  The permit issued under subsection (2) may exempt the permit holder from any section of this regulation other than section 3.

             (4)  A permit is not required for exploration activities which comply with sections 3, 4, 5 and 6 and do not cause significant ground disturbance, including foot and aircraft travel, airborne surveys, claim staking, geological mapping, geochemical surveys, geophysical surveys and prospecting.

Commercial development

        8. (1) A person shall not operate a commercial enterprise within the reserve without a permit issued under subsection (2).

             (2)  The minister may issue a permit to operate to an outfitter or operator of a tourism enterprise, on terms and conditions that the minister considers appropriate.

             (3)  A permit issued under subsection (2) may exempt the permit holder from any section of these regulations other than section 3.

Existing development

        9. (1) The owner or occupier of an existing structure or commercial enterprise with a valid title, lease or permit to occupy may continue to exercise rights in relation to the structure or enterprise but no expansion or further development is permitted except under a permit granted by the minister.

             (2)  The minister may issue a permit for the expansion of an existing structure or commercial enterprise within the reserve.

             (3)  The minister may issue a permit to an owner or occupier in subsection (1) to cut timber for heating a structure within the reserve.

             (4)  Nothing in this section permits a person to violate section 3.