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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2009


NEWFOUNDLAND AND LABRADOR REGULATION 62/09

NEWFOUNDLAND AND LABRADOR
REGULATION 62/09

Main River Special Management Area Regulations
under the
Lands Act
(O.C. 2009-213)

(Filed July 15, 2009)

Under the authority of sections 58, 59 and 60 of the Lands Act, the Lieutenant-Governor in Council makes the following Regulations.

Dated at St. John’s, July 15, 2009.

Sandra Barnes
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Purpose

        5.   Land restrictions

        6.   Forestry

        7.   Mining

        8.   Motor vehicles prohibited

        9.   ATV trails & use

      10.   Scientific research

      11.   Hunting and fishing
permitted


Short title

        1. These Regulations may be cited as the Main River Special Management Area Regulations.

Definitions

        2. In these regulations

             (a)  "special management area" means the Main River Special Management Area;

             (b)  "structure" means an artificial construction intended to be permanent or semi-permanent in nature and includes a

                      (i)  house,

                     (ii)  cottage,

                    (iii)  cabin,

                    (iv)  wharf,

                     (v)  dock,

                    (vi)  boathouse,

                   (vii)  slipway,

                  (viii)  trailer,

                    (ix)  mobile home,

                     (x)  tent,

                    (xi)  tent platform, and

                   (xii)  recreational vehicle used for any purpose, including a motor vehicle.

Application

        3. These regulations apply throughout the special management area.

Purpose

        4. Maintenance of the ecological and viewshed integrity of the special management area so as to maintain the natural and recreational values of the Main River Canadian Heritage River shall be the first priority in the consideration of any use of the special management area.

Land restrictions

        5. (1) Crown lands and public land, as defined in the Lands Act, shall not be conveyed, leased or licensed within the special management area without the prior consent of the minister responsible for the special management area.

             (2)  Where the minister responsible for a special management area is the minister responsible for the Lands Act, the consent of the minister personally is required for a conveyance, lease or licence of public land located within the special management area.

             (3)  A structure shall not be constructed within the special management area without the prior consent of the minister responsible for the special management area.

Forestry

        6. (1) Forest harvesting is permitted in accordance with the relevant forest management plan approved by the minister responsible for forest resources, but clear-cutting is prohibited within the special management area.

             (2)  The construction of forest access roads within the special management area shall be in accordance with the relevant forest management plan approved by the minister responsible for forest resources.

             (3)  Forest access roads within the special management area shall be decommissioned and rehabilitated on a sequential basis as the roads cease to be required for the harvesting of timber, in accordance with the relevant forest management plan approved by the minister responsible for forest resources.

Mining

        7. Mining and mineral exploration is prohibited within the special management area.

Motor vehicles prohibited

        8. A person shall not operate a motor vehicle in the special management area unless

             (a)  that person is an authorized government employee in the course of his or her duties;

             (b)  the motor vehicle is lawfully being operated on a provincial highway that intersects the special management area;

             (c)  the motor vehicle is lawfully being operated on a roadway or other highway that has been designated by the minister for that purpose;

             (d)  the motor vehicle is operated in a part of the special management area designated by the minister for that purpose; or

             (e)  that person operates a motor vehicle under the authority of a written permit from the minister.

ATV trails & use

        9. (1) A person shall not operate an all-terrain vehicle as defined in the Motorized Snow Vehicle and All-Terrain Vehicles Act within the special management area except:

             (a)  an authorized government employee in the course of his or her duties;

             (b)  a person who has obtained a written permit from the minister.

             (2)  Notwithstanding subsection (1), a person may operate a motorized snow vehicle, commonly known as a snowmobile, within the special management area.

Scientific research

      10. (1) A person shall not conduct scientific research in the special management area unless he or she has obtained a written permit to do so from the minister.

             (2)  Permits may be obtained from the minister upon submission of a written request fully outlining and detailing the research project, and subject to the terms and conditions that the minister may determine.

Hunting and fishing permitted

      11. (1) Hunting in accordance with the Wild Life Act or the Migratory Birds Convention Act (Canada) or regulations made under these Acts is permitted within the special management area.

             (2)  Fishing or angling in accordance with the Wild Life Act or the Fisheries Act (Canada) or the regulations made under those Acts, is permitted within the special management area.