This is an official version. Copyright © 2009: Queen's Printer, Important Information
Newfoundland and Labrador
Fossil
Ecological Reserve Regulations, 2009 (Filed
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 Gary Norris REGULATIONS Analysis 1. Short title 2. Definitions 3. Restrictions 4. Permits and licenses 5. Domestic animals 6. Exception 7. Research in reserve 8. Exception for research 9. Educational activities 10. Property within reserve 11. Hunting and fishing 12. Hiking 13. Permit required 14. Fossil protection zone 15. Mistaken Point Ecological Reserve 16. Application of regulations 17. NLR 63/97 Rep. Schedule Short title 1. These regulations may be cited as the Fossil Ecological Reserve Regulations, 2009.
Definitions 2. In these regulations (a) "Act"
means the Wilderness and Ecological
Reserves Act; (b) "fossil protection zone" means an
area defined by the managing agency to delineate the area where fossils are
most vulnerable to the effects of erosion and human activities; (c) "management
plan" means the management plan for a reserve on file with the managing
agency; (d) "managing
agency" means the Parks and Natural Areas Division of the Department of
Environment and Conservation; (e) "permit"
means a permit issued and valid under these regulations; (f) "reserve" means a fossil ecological reserve set aside
under the Act, and described in the Schedule; (g) "structure"
means a man-made object intended to be permanent or semi-permanent or temporary
in nature and includes but is not limited to buildings, houses, cottages,
cabins, wharves, docks, boathouses, slipways, trailers, mobile homes, tents,
tent platforms, camps, shelters and recreational vehicles used for any purpose,
but does not include semi-permanent blinds or 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) destroy,
damage or remove any fossil material; (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 a 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, or remove any wildlife or natural object; (g) 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, all-terrain vehicle, snow mobile, or other motorized
conveyance; (j) land an aircraft; (k) operate
a commercial establishment or commercial enterprise within a reserve, except
guiding, touring, outfitting, fossil replication, photography, videography or
sound recording, in accordance with a permit issued under these regulations; (l) operate a non-commercial establishment or
non-commercial enterprise within a reserve
except guiding, touring, outfitting, fossil replication, photography,
videography or sound recording, in accordance with a permit issued under these
regulations; (m) display,
post or broadcast an advertisement; (n) prospect,
claimstake, mine or quarry; (o) use
explosives, mechanical and electrical rock cutting or removal tools (e.g. tile
saws, percussion hammers); (p) use a bicycle; (q) land a boat; (r) camp; or (s) introduce a horse. Permits and
licenses 4. (1) 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 a period to be determined by the managing agency and may be
renewed, upon expiration, on the terms and conditions that the managing agency
may determine. Domestic animals 5. The grazing of domestic animals may be
permitted within a reserve provided it does not exceed existing limits at the
time of the reserve establishment. Exception 6. 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), (i), (j), (o), (q), (r) and (s). Research in reserve 7. 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 8. A person engaged in a scientific study which is
approved by the managing agency and for which a permit has been issued under
section 7 may be exempted from paragraphs 3(a), (d), (e), (f), (j) and (q) and
researchers who hold a valid permit may be allowed to use geological hammers,
sledge hammers and rock chisels only if they are considered necessary for the
research subject to the terms and conditions that the managing agency may
determine. Educational activities 9. Educational
activities 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 activity, and subject to the terms and conditions that the managing agency
may determine. Property within
reserve 10. (1) Persons
with legal title to structures and land within a reserve may continue to own
those premises and to occupy and use them. (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. Hunting and fishing 11. With the exception of Fortune Head Ecological
Reserve, all hunting and fishing within a reserve is allowed in accordance with
permits or licences issued under the Wild
Life Act, the Migratory Birds Convention Act (
Hiking 12. Hiking
in a reserve is permitted but may be restricted to designated areas at the
discretion of the managing agency. Permit required 13. (1) A person engaged in a touring, guiding,
outfitting, fossil replication, photography, videography or sound recording
enterprise shall obtain a permit for the enterprise from the managing agency
and the permit shall be subject to the terms and conditions that the managing
agency may determine. (2) Applications
for a permit shall provide a full description of the enterprise planned. Fossil protection zone 14. A
person entering a fossil protection zone in the Mistaken Point Ecological
Reserve shall, subject to paragraph 15(a), require a permit and those permits
may be obtained from the management agency on submission of a written request
outlining the activity, and subject to the terms and conditions that the
managing agency may determine. Mistaken Point
Ecological Reserve 15. Within
the Mistaken Point Ecological Reserve (a) a person shall not disturb, touch or replicate a fossil, or enter the fossil protection zone as described by the managing agency, unless the person (i) holds the required permit, (ii) is engaged in the administration and management
of the reserve, or (iii) is accompanying another person who is engaged
in the administration and management of the reserve; (b) fires are prohibited except on the beach at (c) berry picking is permitted; and (d) mushroom picking is permitted. Application of regulations 16. These regulations shall apply to the fossil
ecological reserves listed in the Schedule, except to the extent that they have
been modified by the Order declaring a given Fossil Ecological Reserve in
effect. NLR 63/97 Rep. 17. The Fossil Ecological Reserve Regulations,
Newfoundland and Labrador Regulation 63/97, are repealed. 1. Fortune Head
Ecological Reserve 2. Mistaken Point Ecological
Reserve 3. Table Point Ecological
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