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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 770/96

CONSOLIDATED NEWFOUNDLAND REGULATION 770/96

Wild Life Reserve Big Barasway, Burgeo Regulations
under the
Wild Life Act
(O.C. 96‑196)

Under the authority of section 7 of the Wild Life Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Travel permit

        4.   Travel

        5.   Camping

        6.   Commercial operations permit

        7.   Restrictions

        8.   Pets

        9.   Existing access rights

      10.   Aircraft

      11.   Repeal

Schedule


Short title

        1. These regulations may be cited as the Wild Life Reserve Big Barasway, Burgeo Regulations.

146/92 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Wild Life Act;

             (b)  "camp" means a camp trailer, tent or shelter erected or used for any purpose;

             (c)  "permit" means a permit issued and valid under these regulations; and

             (d)  "reserve" means the Big Barasway, Burgeo area described in the Schedule.

146/92 s2

Travel permit

        3. The minister or another person authorized by the minister may permit a person to camp or travel in the reserve subject to these regulations.

146/92 s3

Travel

        4. (1) During the period of April 1 to September 1, inclusive, a person may not enter or travel upon the lands or waters of the reserve except

             (a)  a person engaged in the administration and maintenance of the reserve; and

             (b)  a permit holder who may enter and travel upon the lands and waters of a reserve subject to the restrictions imposed by these regulations.

             (2)  Notwithstanding subsection (1), persons may travel on the beach within 10 metres of the high tide mark without a permit provided they comply with all other reserve regulations.

146/92 s4

Camping

        5. A person may not camp in the reserve except

             (a)  a person engaged in the administration and maintenance of the reserve; and

             (b)  a person who is in possession of a valid permit issued under these regulations.

146/92 s5

Commercial operations permit

        6. (1) The minister or another person authorized by the minister may permit a person to conduct a commercial enterprise within the reserve subject to these regulations.

             (2)  Permission to conduct a commercial enterprise within the reserve shall be given by means of a permit, which may be issued by the minister or other person authorized by the minister.

146/92 s6

Restrictions

        7. (1) Within the reserve, a person shall not

             (a)  erect a camp, except the holder of a permit who may erect a tent in accordance with section 5;

             (b)  construct a building, house, cottage or cabin, shed, wharf, dock, boathouse, landing place or other facility;

             (c)  pollute or obstruct a stream or other body of water or dispose of garbage excepting by removal from the area;

             (d)  remove, deface, damage or destroy any signboard, sign or notice erected or posted by order of the minister;

             (e)  use, operate or be in possession of a motor car, motor truck, four‑wheel drive vehicle, tracked vehicle or other motorized conveyance except the holder of a permit;

              (f)  remove or kill vegetation except the holder of a permit;

             (g)  remove sand, stone or gravel or like material or remove or displace any rock, mineral, fossil or other object of natural formation;

             (h)  land an aircraft.

             (2)  Notwithstanding paragraph (1)(e), a person may operate a snowmobile within the area between the periods of September 1 to April 1, inclusive, provided the area is snow covered.

146/92 s7

Pets

        8. During the period of April 1 to September 1, inclusive, a person shall not take a pet animal into the reserve unless that pet is

             (a)  under the direct control of the owner; and

             (b)  kept to that part of the beach within 10 metres of the high tide mark.

146/92 s8

Existing access rights

        9. (1) Notwithstanding anything in these regulations, the legal owner of an existing cabin may continue to exercise traditional rights of access according to the conditions of the original entitlement

             (a)  so long as the title is valid; and

             (b)  provided the access is restricted to that part of the beach within 10 metres of the highwater mark.

             (2)  Failure to comply with these regulations may result in cancellation of existing access rights.

146/92 s9

Aircraft

     10. An operator of an aircraft shall not fly that aircraft over the reserve at an altitude of less than 304.8 metres above ground level.

146/92 s10

Repeal

      11. The Wild Life Reserve (Big Barasway, Burgeo) Regulations, 1992, Newfoundland Regulation 146/92, are repealed.


Schedule

All that area of the province commencing at a point in Barasway Bay UTM co‑ordinates 444172 ME, 5276734 MN;

Then following a straight line in a generally easterly direction to UTM co‑ordinates 446000 ME, 5276749 MN;

Then following a straight line in a generally southeasterly direction to UTM co‑ordinates 446496 ME, 5276482 MN;

Then following a straight line in a generally southerly direction to UTM co‑ordinates 446496 ME, 5276006 MN;

Then following a straight line in a generally northwesterly direction to UTM co‑ordinates 445623 ME, 5276234 MN;

Then following a straight line in a generally westerly direction to UTM co‑ordinates 444172 ME, 5275983 MN;

Then following a straight line in a northerly direction to the point of commencement.

146/92 Sch