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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 776/96

CONSOLIDATED NEWFOUNDLAND REGULATION 776/96

Environmental Assessment Regulations
under the
Environmental Assessment Act
(O.C. 96‑277)

Under the authority of section 38 of the Environmental Assessment 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.   Application of the regulations

        4.   Registration

        5.   Proponent advised

        6.   Assessment committee

        7.   Environmental preview report

        8.   Terms of reference for an environmental impact statement

        9.   Component studies

      10.   Environmental impact statement

      11.   Non‑government, proponent, consultation with public

      12.   Appointment of an environmental assessment board

      13.   Environmental assessment hearings

      14.   Report of environmental assessment board

      15.   Recommendations

      16.   Exemption

      17.   Notice

      18.   Discharge

      19.   Repeal

Schedule A

Schedule B


Short title

        1. These regulations may be cited as the Environmental Assessment Regulations.

225/84 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Environmental Assessment Act;

             (b)  "board" means an environmental assessment board;

             (c)  "commence" means begin construction or site preparation activity on a part of the undertaking;

             (d)  "day" means a calendar day;

             (e)  "development plan" means a municipal plan, joint municipal plan, local area plan or regional plan or further scheme or regulation in force under the Urban and Rural Planning Act;

              (f)  "haul road" means a temporary road entirely within 500 metres of a resource extraction operation for the purpose of conveying the extracted resource to a collection point, processing facility or road as defined in these regulations;

             (g)  "proponent" means a person who

                      (i)  carries out or proposes to carry out an undertaking, or

                     (ii)  is the owner or person having charge, management or control of an undertaking;

             (h)  "right‑of‑way" means a right‑of‑way easement or allowance established under due process of law and currently maintained for the purpose of the following types of linear corridors or linear features

                      (i)  a highway or road which is normally maintained to allow the safe passage of a licensed, motorized vehicle,

                     (ii)  an electric power transmission line or cable from the source of power to the centre of distribution,

                    (iii)  a telecommunications transmission trunk line or cable,

                    (iv)  a railway line,

                     (v)  a trunk pipeline for the transportation of a gaseous or liquid substance;

              (i)  "road" means a thoroughfare which would normally be maintained to allow the safe passage of a licensed four‑wheel drive vehicle; and

              (j)  "undertaking" means an enterprise, activity, project, structure, work, policy, proposal, plan or program that may in the opinion of the minister have a significant environmental impact and includes a modification, extension, abandonment, demolition and rehabilitation of those.

225/84 s2

Application of the regulations

        3. These regulations apply to an undertaking proposed by a proponent unless the undertaking has been exempted under the Act or these regulations, or unless the undertaking is of a class of undertakings exempted under the Act or these regulations.

225/84 s3

Registration

        4. (1) There is established as Schedule A list of undertakings organized in accordance with the list of industries found in the industry definitions and classified index section of the standard industrial classification manual published by the Standards Division of Statistics Canada, Ottawa, Canada, to be called the "manual".

             (2)  With respect to each numbered group of undertakings listed in Schedule A

             (a)  where there are undertakings listed beneath the group name, only those undertakings are included within the group; and

             (b)  where undertakings are not listed beneath the name of the group, the corresponding group of industries appearing in the industry definitions and classified index section of the manual shall be used.

             (3)  An undertaking listed in Schedule A under paragraphs (2)(a) and (b) or required to be registered under subsection 6(1) of the Act shall be registered except that where an undertaking falls within an exception noted immediately following the list of undertakings in Schedule A or, where a list is not present immediately following the name of the group in Schedule A, where the exception is noted immediately following the name of the group, the undertaking does not have to be registered.

             (4)  An undertaking shall be considered to be registered where information pertaining to the undertaking has been received by the minister on the form required by the minister.

             (5)  The minister may require the proponent to provide additional copies of maps included in a registration.

             (6)  The minister may require the proponent to provide additional information respecting the registration of an undertaking under this section.

             (7)  The minister shall announce receipt of each registration under this section.

             (8)  The announcement shall be made within 10 days of receipt of the registration and in the manner prescribed in subsection 17(1).

             (9)  The minister shall make each registration available to interested members of the public and shall invite written comments to be submitted within 30 days of the date of the notice.

           (10)  There shall be established as part of these regulations a list of special areas which shall be designated as Schedule B.

           (11)  An undertaking which shall occur within a special area as set out in Schedule B shall be registered even if there is a general exception indicated within Schedule A unless the exception indicated in Schedule A refers specifically to exemptions of developments within the Schedule B regions.

           (12)  Where an undertaking is exempted from registration under subsection (3) because it is smaller than a specified limitation with respect to area, length, volume, size or output it shall not exceed a specified limitation within 3 years from the date of commencement of the activity and should it within that 3 year period exceed the specified limitation it shall be required to be registered under this section.

225/84 s4

Proponent advised

        5. (1) The minister shall advise the proponent of his or her decision concerning his or her requirement for an environmental impact statement under section 8 of the Act as soon as possible but no later than 45 days following the date of receipt of the completed registration form.

             (2)  The minister shall announce this decision within 10 days of having advised the proponent and in the manner prescribed in subsection 17(1).

             (3)  A decision of the minister under subsection (1) shall be effective for a period of 3 years from the date of the letter by which the proponent is advised of that decision, and after that 3 year period the decision is null and void and the proponent must register the undertaking again if

             (a)  the minister has required an environmental impact statement and that environmental impact statement has not been submitted; or

             (b)  the minister has not required an environmental impact statement and the undertaking has not commenced.

             (4)  For an undertaking requiring studies which would cause the preparation of the environmental impact statement to exceed the 3 year period, the minister may at his or her discretion extend the effective period of 3 years specified in subsection (3) for a period of one year.

             (5)  Where the minister decides that an environmental impact statement or an environmental preview report is required, the proponent shall not proceed with a construction or site preparation activity which is a part of the undertaking, whether or not that activity is subject to authorization under another Act or regulation until he or she has been discharged under the Act.

             (6)  Notwithstanding subsections (1) to (5), an activity which is not part of the registered undertaking and which in itself is not an undertaking as defined under the Act or regulations may proceed subject to an approval required by statute or regulation.

225/84 s5

Assessment committee

        6. (1) Membership on an assessment committee shall be limited to employees of the government of the province and the Government of Canada.

             (2)  Notwithstanding subsection 22(2) of the Act, if a division of a department of government is the proponent of an undertaking for which an environmental assessment is required, that division shall not be represented on the assessment committee appointed for that environmental assessment.

             (3)  A person appointed as a member of an assessment committee shall not be the owner or lessee of property located within or adjacent to the area proposed for development and shall not purchase or lease that property during the tenure of the committee.

             (4)  The duties of members of the assessment committees shall include, but are not limited to,

             (a)  the review of draft terms of reference for the preparation of environmental impact statements;

             (b)  the review of draft reports on studies performed for proponents;

             (c)  the review of environmental preview reports;

             (d)  the review of environmental impact statements;

             (e)  submission of comments, recommendations and advice to the minister through the committee on matters related to paragraphs (a), (b), (c) and (d); and

              (f)  attendance at meetings concerning paragraphs (a), (b), (c), (d) and (e).

             (5)  The chairperson of an assessment committee shall, immediately following the appointment of the committee and before the preparation of the draft terms of reference by the proponent under subsection 13(1) of the Act, schedule a meeting of the committee and the proponent.

             (6)  The purpose of the meeting shall be to facilitate mutual understanding of the undertaking and the requirements of the Act and the regulations, to assist the proponent in designing an environmentally acceptable undertaking and to identify serious issues and potential conflicts which must be resolved in the course of the environmental assessment of the undertaking.

225/84 s6

Environmental preview report

        7. (1) Upon receiving an environmental preview report, the minister shall cause the report to be examined by the assessment committee.

             (2)  When an environmental preview report has been received by the minister, he or she shall announce its receipt within 10 days of that receipt, in the manner prescribed in subsection 17(1) and shall make copies available for viewing by interested members of the public.

             (3)  The chairperson of the committee shall, on behalf of the committee, provide to the minister a recommendation indicating that

             (a)  the report is satisfactory;

             (b)  the report is not satisfactory;

             (c)  an environmental impact statement is required; or

             (d)  an environmental impact statement is not required.

             (4)  Where the minister decides that the environmental preview report is not satisfactory he or she shall, within 40 days of the date of receiving the report, advise the proponent of additional work which may be required to make the report satisfactory.

             (5)  Upon resubmission of the report by the proponent, the requirements of subsections (1) to (3) shall apply.

             (6)  Where the minister decides that the report is satisfactory he or she shall, within 40 days of the date of last receiving the report, advise the proponent that

             (a)  an environmental impact statement is required; or

             (b)  an environmental impact statement is not required.

             (7)  The minister shall announce, within 10 days of having advised the proponent and in the manner prescribed in subsection 17(1), his or her decision under subsection (6).

225/84 s7

Terms of reference for an environmental impact statement

        8. (1) The proponent shall provide to the minister 25 copies of the draft terms of reference as required under subsection 13(1) of the Act.

             (2)  The draft terms of reference required under the Act shall refer to all items included in subsection 13(3) of the Act and shall include a commitment to

             (a)  describe significant environmental impacts whether beneficial or harmful which are likely to be caused by the undertaking regardless of the proper application of all control measures and remedial measures to be proposed in the environmental impact statement;

             (b)  list all sources of information to be specifically cited in the environmental impact statement;

             (c)  outline the design of studies necessary to provide additional information for preparation of an environmental impact statement; and

             (d)  address the concerns identified in the course of complying with paragraph 13(3)(h) and paragraph 17(1)(b) of the Act by including within the environmental impact statement specific responses to those concerns and, where appropriate, specific proposals for measures to deal with them.

             (3)  The minister shall announce receipt of the draft terms of reference in the manner prescribed in subsection 17(1) within 10 days of the receipt and shall make the draft terms of reference available to interested members of the public and shall invite the submission of written comments within 35 days of the notice.

             (4)  The draft terms of reference shall include a commitment by the proponent to provide to the minister copies of all reports on original studies undertaken in order to satisfy the terms of reference for the preparation of the environmental impact statement, and those reports shall be provided to the minister as soon as they become available.

             (5)  The draft terms of reference shall be examined by the assessment committee and, for this purpose, the chairperson of the committee shall provide a copy of the draft terms of reference to each member of the committee.

             (6)  The chairperson of the committee shall make all reasonable efforts to obtain agreement between the committee and the proponent concerning the contents of the draft terms of reference.

             (7)  If an agreement cannot be reached within 35 days from the date of receipt of the draft terms of reference, the chairperson shall describe the unresolved conflicts and shall make the recommendations to the minister that he or she considers appropriate concerning modification of the draft terms of reference in keeping with the purposes of the Act and the regulations.

             (8)  The time limit referred to in subsection (7) may be extended by the minister with the written concurrence of the proponent.

             (9)  Subject to subsection 9(7), the chairperson of the committee shall, on behalf of the committee, recommend to the minister the adoption of the draft terms of reference submitted under the Act or subsequently modified to be the terms of reference for the environmental assessment.

           (10)  Where the minister has decided that the draft terms of reference are satisfactory as submitted or amended, he or she shall within 45 days of receiving them and subject to subsections (6) to (8) advise the proponent of their approval as the terms of reference for the environmental assessment.

           (11)  The minister shall announce within 10 days of having advised the proponent of approval of the terms of reference and in the manner prescribed in subsection 17(1) his or her decision under subsection (10) and shall make the final terms of reference available to interested members of the public.

           (12)  Following approval of the draft terms of reference by the minister, the proponent shall submit information concerning the names, corporate affiliations, academic and other qualifications and relevant work experience of those persons who are proposed to be responsible for the production of the environmental impact statement and for conducting original scientific research which may be necessary in this regard.

225/84 s8

Component studies

        9. (1) The proponent shall provide to the minister 25 copies of the draft terms of reference for component studies required under paragraph 8(2)(c) and subsection 8(10).

             (2)  The minister shall announce receipt of the draft terms of reference in the manner prescribed in subsection 17(1) within 10 days of the receipt and shall make the draft terms of reference available to interested members of the public and shall invite written comments to be submitted within 35 days of the notice.

             (3)  The assessment committee shall examine the draft terms of reference and, for this purpose, the chairperson of the committee shall provide a copy of the draft terms of reference to each member of the committee.

             (4)  The chairperson of the committee shall make all reasonable efforts to obtain agreement between the committee and the proponent concerning the contents of the draft terms of reference.

             (5)  If the agreement cannot be reached within 35 days from the date of receipt of the draft terms of reference, the chairperson shall describe the unresolved conflicts and shall make the recommendations to the minister that he or she considers appropriate concerning modification of the draft terms of reference in keeping with the purposes of the Act and regulations.

             (6)  The time limit referred to in subsection (5) may be extended by the minister with the written concurrence of the proponent.

             (7)  Subject to subsections (4) to (6), the chairperson of the committee shall, on behalf of the committee, recommend to the minister the adoption of the draft terms of reference as submitted under the Act or as subsequently modified to be the terms of reference for the component studies.

             (8)  Where the minister has decided that the draft terms of reference are satisfactory as submitted or amended he or she shall, within 45 days of receiving them and subject to subsections (4) to (6), advise the proponent of their approval as the terms of reference for the studies.

             (9)  The minister shall announce within 10 days of having advised the proponent of approval of the terms of reference and in the manner prescribed in subsection 17(1) his or her decision under subsection (8) and shall make the final terms of reference available to interested members of the public.

           (10)  The proponent shall provide to the minister 25 copies of all component studies as may be required by the minister for the purposes of the Act and the regulations, but if this supply is exhausted within one year of the date of submission of the study the proponent shall provide to a person or group additional copies of the studies in return for a sum equal to the cost of producing and handling those additional copies.

           (11)  The assessment committee shall examine the component studies and for this purpose the proponent shall provide 25 copies of the component studies to the chairperson of the committee for distribution to the assessment committee for review.

           (12)  When a component study has been received by the minister, subject to subsection 36(2) of the Act, the minister shall announce, within 10 days of its receipt and in the manner prescribed in subsection 17(1), receipt of the component study and shall make the component study available to interested members of the public.

           (13)  The minister shall invite written comments from the public to be received in writing within 30 days of the notice.

           (14)  The chairperson of the committee shall, on behalf of the committee, present to the minister a report based on the review and evaluation of the component study and shall recommend whether or not the component study should be accepted as satisfactory.

           (15)  The minister shall, within 45 days of receipt of the component study, decide if the study is satisfactory and advise the proponent of his or her decision.

           (16)  Where the minister decides that the component study is not satisfactory and requires the proponent to amend the study, the proponent shall make that amendment by submitting an addendum or errata to the original report and that addendum or errata shall become part of the component study and subsections (10) and (15) shall then apply.

           (17)  Where the minister decides that a component study is satisfactory, this decision shall be effective for a period of 3 years from the date of the letter by which the proponent is advised of that decision, but after, the decision shall become null and void and the proponent shall register the undertaking again if the undertaking has not commenced.

           (18)  In each case in which a proponent is required to conduct a component study in order to satisfy the terms of reference for an environmental impact statement, the proponent shall select a representative set of specimens, photographs or records, for the purposes of this subsection called "samples", collected in the normal course of the study and shall submit that set of samples to the minister to become the property of the government.

           (19)  All samples shall be submitted to the minister by the proponent within 30 days of the acceptance of the study for which they have been collected.

           (20)  When the minister decides that a component study is satisfactory he or she shall announce this decision within 10 days and in a manner prescribed in subsection 17(1).

225/84 s9

Environmental impact statement

     10. (1) The proponent shall provide to the minister a maximum of 50 copies of the environmental impact statement as may be required by the minister for the purposes of the Act and the regulations, but if this supply of copies is exhausted within one year of the date of submission of the statement, the proponent shall provide to a person or group additional copies of the statement in return for a sum equal to the cost of producing and handling those additional copies.

             (2)  The assessment committee shall examine the environmental impact statement and for this purpose the chairperson of the committee shall provide a copy of the statement to each member of the committee.

             (3)  When the environmental impact statement has been received by the minister, he or she shall announce, within 10 days of its receipt and in the manner prescribed in subsection 17(1), receipt of the environmental impact statement and shall make the environmental impact statement available to interested members of the public and the minister shall invite written comments from the public to be received in writing within 45 days of the notice.

             (4)  The chairperson of the committee shall, on behalf of the committee, present to the minister a report based on the review and evaluation of the environmental impact statement by the committee and shall recommend whether the statement should be accepted as satisfactory, and if the committee recommends acceptance of the statement, whether the undertaking

             (a)  should be permitted to proceed subject to particular terms and conditions; or

             (b)  should not be permitted to proceed.

             (5)  The minister shall, within 65 days of the date of receipt of the environmental impact statement, advise the proponent of his or her decision whether the statement is satisfactory.

             (6)  Where the review period is insufficient in length, it may be extended with the mutual agreement of the minister and the proponent.

             (7)  Where the minister decides that an environmental impact statement is not satisfactory and requires the proponent to amend the statement, the proponent shall make that amendment by submitting an addendum to the original statement and that addendum shall become part of the statement and subsections (1), (2) and (4) shall then apply.

             (8)  Where the minister decides that an environmental impact statement is satisfactory, that decision shall be effective for a period of 3 years from the date of the letter by which the proponent is advised of that decision, but the decision shall become null and void and the proponent shall register the undertaking again if the undertaking has not commenced.

             (9)  When the minister decides that an environmental impact statement is satisfactory he or she shall announce this decision within 10 days and in a manner prescribed in subsection 17(1).

           (10)  The proponent shall provide to the minister information on the estimated capital costs of the proposed undertaking as well as the estimated costs for conducting the environmental assessment and this information shall not be disclosed to the public.

225/84 s10; 141/86 s1

Non‑government, proponent, consultation with public

     11. (1) The proponent shall include in the draft terms of reference required by the Act a specified proposed procedure for meeting with interested members of the public as required by the Act.

             (2)  The proponent shall notify the minister or his or her designated official of a meeting between the proponent and civic officials or residents of communities located within or adjacent to the geographical area of the proposed undertaking, if that meeting is a part of the public information exchange program approved in the terms of reference under subsection 8(10) and that notification shall be given at least 15 days in advance of the date of the meeting.

             (3)  The minister may require that he or she be represented at meetings of which he or she receives notification under subsection (2).

225/84 s11

Appointment of an environmental assessment board

     12. (1) A recommendation to the Lieutenant‑Governor in Council by the minister that a board be appointed may be made no later than 15 days following the date of his or her acceptance of the environmental impact statement as satisfactory.

             (2)  Appointment of the board by the Lieutenant‑Governor in Council shall be made within 30 days of the date of the receipt of recommendation by the minister under subsection (1).

             (3)  Where the Lieutenant‑Governor in Council has appointed a board, the minister shall announce within 10 days of having appointed the board and in the manner prescribed in subsection 17(1) the appointment including the names of the members of the board and the terms of reference for public hearings.

             (4)  Notwithstanding subsection (3), a notice of the appointment of a board may be published at any time in the process up to and including a time when the minister has accepted the environmental impact statement as satisfactory.

             (5)  The notice published under subsection (3) shall contain a proposed date for the commencement of public hearings and an invitation to prospective intervenors to advise the chairperson of the board of their intention to appear at the hearings and those notifications shall be accepted until the deadline date prescribed in the notice.

             (6)  The powers, duties and terms of reference of a board, where they are not prescribed in the Act or the regulations, shall be determined by the Lieutenant‑Governor in Council at the time of the appointment of the board.

             (7)  The terms of reference for public hearings of a board shall be limited to the terms of reference for the environmental impact statement for the undertaking for which the board has been appointed.

225/84 s12; 73/91 s1

Environmental assessment hearings

     13. (1) Public hearings held by a board shall commence no sooner than 60 days and no later than 90 days following the date of the notice published under subsection 12(3).

             (2)  The chairperson of a board shall schedule a meeting with those intervenors who have indicated their intentions under subsection 12(5) for the purpose of preparing a tentative schedule for the public hearings.

             (3)  A procedure at an environmental assessment hearing shall be determined by the chairperson.

             (4)  The proponent shall be required to provide to a board adequate answers to all pertinent questions asked at the public hearings.

             (5)  Those answers shall be provided either during the course of the hearings or within 30 days of the closing date of the hearings.

             (6)  Copies of all written briefs submitted to a board by intervenors shall be provided free of charge to the proponent.

             (7)  Copies of written briefs submitted to a board by the proponent shall be supplied by the proponent in sufficient quantity that each intervenor may be provided with one copy of each brief.

225/84 s13

Report of environmental assessment board

     14. A board shall make a reasonable effort to submit its report on the public hearings to the minister within 45 days of the closing date of the hearings.

225/84 s14

Recommendations

     15. The minister shall make a recommendation to the Lieutenant‑Governor in Council concerning whether the proposed undertaking should be allowed to proceed

             (a)  within 25 days of his or her acceptance of the environmental impact statement is satisfactory, if public hearings have not been required; or

             (b)  within 25 days of the receipt of the report of the board, if public hearings have been held.

225/84 s15

Exemption

     16. (1) An undertaking for which

             (a)  the minister has not required an environmental impact statement before the commencement of the regulations; and

             (b)  authorization has been issued under another Act or regulation before the commencement of the regulations or within 3 months following the commencement of the regulations

shall be exempted from the application of the regulations provided that the proponent of that undertaking has demonstrated to the minister that at least 25% of the estimated capital cost of the undertaking has been expended within 12 months of the commencement of the regulations.

             (2)  An undertaking referred to in subsection (1) shall be granted exemption from the application of the regulations for a period of 12 months following the commencement of the regulations.

225/84 s16

Notice

     17. (1) The minister shall make an announcement required by these regulations through

             (a)  a press release; and

             (b)  a mailed notice to interested parties.

             (2)  The minister shall publish a notice required to be made by these regulations in the Gazette and in one newspaper with distribution in the area of the undertaking to which the notice refers and in other publications that he or she considers advisable and the frequency of publication shall be determined by the minister.

             (3)  Where the minister has exempted an undertaking or a proponent of an undertaking from the application of the regulations under subsection 37(1) of the Act, the minister shall publish a notice of the exemption in the Gazette and in one newspaper with distribution in the area of the undertaking to which the exemption applies and in other publications that he or she considers advisable.

             (4)  The notice shall be published within 10 days of the date of the exemption order and shall state the reason or reasons for which the undertaking or the proponent of an undertaking has been exempted.

             (5)  Where a newspaper is not in general circulation in the area of the undertaking to which a notice described in subsection (2) or (4) refers, the notice shall be posted up in the municipal building, post office or other suitable structure in that area.

225/84 s17

Discharge

     18. The minister shall discharge the proponent of an undertaking of further requirements under the Act

             (a)  at the time when he or she advised the proponent that an environmental impact statement is not required;

             (b)  if a board has not been appointed for the undertaking, no later than 45 days following the date of his or her acceptance of the environmental impact statement as satisfactory; or

             (c)  if a board has been appointed for the undertaking, no later than 30 days following the date of his or her receipt of the report of the board.

225/84 s18

Repeal

      19. The Environmental Assessment Regulations, 1984, Newfoundland Regulation 225/84, are repealed.


Schedule A

Undertakings subject to Registration
under subsection 4(1) of the regulations

A group of undertakings preceded by an asterisk shall be defined by the list of establishments referred to in the Industry Definitions and Classified Index Section of the Standard Industrial Classification Manual, as referred to in paragraph 4(2)(b) of the regulations.

AGRICULTURAL AND RELATED SERVICES

Agriculture

    011 Livestock Farms

                  Community pastures:

                     (a)  involving the clearing of land of greater than 50 hectares in area; or

                     (b)  involving the clearing of land located in a special area as defined in Schedule B unless the special area is a community pasture

    015 Fruit and Other Vegetable Farms

                  Blueberry Management Areas:

                     (a)  involving the clearing of land of greater than 50 hectares in area; or

                     (b)  involving the clearing of land located in a special area as defined in Schedule B unless the special area is a Blueberry Management Area

    016 Horticultural Specialities

                  Christmas tree farming, except the non‑commercial cutting of trees

                  The commercial harvesting of herbs, lichens, mushrooms or any other wild plant or part of a plant, except the commercial harvesting of berries

FISHING AND TRAPPING

Fishing and Trapping

    031 Fishing

                  Fish or shellfish farming in salt water or fresh water, where the proposal includes the construction of shore‑based facilities other than wharves

                  Permanent traps or weir fisheries, salt water

    032 Services Incidental to Fishing

                  Fish or shellfish breeding and propagating services, or fish or shellfish hatchery services, where the proposal includes the construction of shore‑based facilities other than wharves

LOGGING AND FORESTRY

Logging

    041 Logging

                  Management of forested land for the primary purpose of harvesting timber, those management activities to be organized into five‑year intervals for each designated geographical area of forested land

NOTE: Registration, in this group of undertakings, shall be in the form of a management plan for the designated area including but not limited to the following information:

                     (a)  new resource road corridors;

                     (b)  areas designated for cutting;

                     (c)  estimates of the total allowable harvest;

                     (d)  harvesting and land rehabilitation plans and general methods; and

                     (e)  silviculture and reforestation plans and general methods, including the application of fertilizers and pesticides

Each management plan shall be registered at least one year prior to the proposed date of implementation of that plan.  The designation of particular forested areas for the purpose of registration and the determination of the date of commencement of the first five‑year management interval for each designated area shall be at the discretion of the minister, in consultation with the proponents.

Forestry Services

    051 Forestry Services

                  Aerial application of pesticides, as defined in the Pesticides Control Act

                  Introductions of exotic species of animals, plants or microbial agents

                  Establishment of forests in previously unforested areas

MINING (INCLUDING MILLING), QUARRYING
AND OIL WELLS

Mining

    061 * Metal Mines

    062 * Non‑metal Mines (Except Coal)

    063 * Coal Mines

Crude Petroleum and Natural Gas

    071 Crude Petroleum and Natural Gas

                  Crude oil or petroleum production facilities

                  Natural gas production facilities

Quarries and Sand Pits

    081 Stone Quarries

                     (a)  where the total area is greater than 10 hectares; or

                     (b)  where any portion is to be located within a special area as defined in Schedule B, unless the special area is an aggregate potential zone

    082 Sand and Gravel Pits

                     (a)  where the total area is greater than 10 hectares; or

                     (b)  where any portion is to be located within a special area as defined in Schedule B, unless the special area is an aggregate potential zone

MANUFACTURING

Food

    101 Meat and Poultry Products

                  Abattoirs

                  Meat, fat or oil processing facilities

                  Poultry processing facilities

    102 * Fish Products

Exception: Portable fish processing facilities

    105 Flours, Prepared Cereal Foods and Feeds

                  Feed Mills

Beverages

    112 * Distillery Products

    113 * Brewery Products

    114 * Wines

Rubber Products

    151 * Tires and Tubes

    152 * Rubber Hoses and Beltings

    159 * Other Rubber Products

Plastic Products

    161 * Foamed and Expanded Plastic Products

    162 * Plastic Pipes and Pipe Fittings

    163 * Plastic Films and Sheetings

    169 * Other Plastic Products

Leather and Allied Products

    171 Leather and Allied Products

                  Leather tanneries

Primary Textiles

    181 * Man‑made Fibres and Filament Yarns

    182 * Spun Yarns and Woven Cloths

    183 * Broad Knitted Fabrics

Textile Products

    191 * Natural Fibres Processing and Felt Products

    192 * Carpets, Mats and Rugs

    193 * Canvas and Related Products

    199 * Other Textile Products

Wood

    251 Sawmill, Planning Mill and Shingle Mill Products Industries

                  Sawmills with annual production capacities greater than 1,200 cubic metres solid lumber

    252 * Veneers and Plywoods

    259 Other Wood Products

                  Wood preservation facilities which use creosote, pentachlorophenol or similar chemical processes

                  Particle board or wafer board production

Paper and Allied Products

    271 * Pulp and Paper

    272 * Asphalt Roofing

    279 * Other Converted Paper Products

Primary Metals

    291 * Primary Steel

    292 * Steel Pipes and Tubes

    294 * Iron Foundries

    295 * Non‑Ferrous Metal Smelting and Refining

    296 * Aluminum Rolling, Casting and Extruding

    297 * Copper and Copper Alloy Rolling, Casting and Extruding

    299 * Other Rolled, Cast and Extruded Non‑Ferrous Metal Products

Fabricated Metal Products
(Except Machinery and Transportation Equipment)

    304 Stamped, Pressed and Coated Metal Products

                  Custom coating of metals

Transportation Equipment

    327 Shipbuilding and Repair

                  Facilities engaged in building and repairing all types of ships of more than 4.54 tons displacement including marine production platforms for petroleum, natural gas or mineral resource extraction

Exception: Facilities established on the private property of a fisherman for the purpose of building or repairing a fishing vessel

Non‑metallic Mineral Products

    351 Clay Products

                  Manufacturing of structural clay products

Exception: Refractories

                  Operation of clay pits where:

                     (a)  the area of operation exceeds 10 hectares; or

                     (b)  any portion of the operation is to be located within a special area as defined in Schedule B

    352 * Hydraulic Cements

    354 * Concrete Products

    357 * Abrasives

    358 * Limes

    359 Other Non‑metallic Mineral Products

                  Refractory materials production

                  Asbestos materials production

                  Gypsum materials production

                  Fibrous glass production

                  Mineral wool production

                  Drilling Muds manufacturing

Refined Petroleum and Coal Products

    361 * Refined Petroleum Products

    369 * Other Petroleum and Coal Products

Exception: Portable asphalt manufacturing plants

Chemicals and Chemical Products

    371 * Industrial Chemicals

    372 * Agricultural Chemicals

    373 * Plastics and Synthetic Resins

    375 * Paints and Varnishes

    376 * Soaps and Cleaning Compounds

    379 * Other Chemical Products

Other Manufacturing

    391 Scientific and Professional Equipment

                  Photographic films and plates manufacturing

    399 Other Manufactured Products

                  Floor tiles, linoleums and coated fabrics manufacturing

CONSTRUCTION

Industrial and Heavy (Engineering) Construction

    411 Industrial Construction (Other than Buildings)

                  Construction of pipelines for the transmission of oil, natural gas and other related products from the source to the point of distribution, where:

                     (a)  any portion of the pipeline is to be located at a distance greater than 500 metres from an existing right‑of‑way; or

                     (b)  any portion of the pipeline is to be located in a special area as defined by Schedule B

                  Diesel electric power generating plants having a capacity greater than one megawatt

                  Gas turbine electric power generating plants having a capacity greater than one megawatt

                  Nuclear electric power generating plants

    412 Highways and Heavy Construction

             A.  Roads

Construction of roads or the relocation or realignment of existing roads where:

                     (a)  any portion of new road is to be located at a distance greater than 500 metres from an existing right‑of‑way; or

                     (b)  any portion of new road is to be located in a special area as defined in Schedule B

Exceptions:

                              (i)  haul roads for logging, mining or quarrying purposes,

                             (ii)  roads designated within a development plan

              B.  Waterworks and Sewage Systems

                     (1)  Construction of trunk pipelines for transmission of water from the source to the point of distribution, where:

                             (a)  any portion of the transmission pipeline is to be located at a distance greater than 500 metres from an existing right‑of‑way; or

                             (b)  any portion of the pipeline is to be located in a special area as defined in Schedule B

                     (2)  Construction of trunk sewer pipelines where:

                             (a)  any portion of the pipeline is to be located at a distance of 500 metres from an existing right‑of‑way; or

                             (b)  any portion of the pipeline is to be located within a special area as defined in Schedule B

                     (3)  Construction of trunk sewer pipeline outfalls

              C.  Hydroelectric Power Plants and Related Structures (Except Transmission Lines)                  

                     (1)  Construction of dams and associated reservoirs where:

                             (a)  the area to be flooded is greater than 50 hectares; or

                             (b)  any area to be flooded is located within a special area as defined in Schedule B

                     (2)  Excavation of reservoirs where

                             (a)  the area to be flooded is greater than 50 hectares; or

                             (b)  any of the area to be flooded is located within a special area as defined in Schedule B

                     (3)  Inter‑ or intra‑basin water transfers

                     (4)  Construction of hydroelectric power developments where:

                             (a)  the capacity is greater than one megawatt; or

                             (b)  any portion of the development is located within a special area as defined in Schedule B

              D.  Power and Telecommunication Transmission Lines

                     (1)  Construction of microwave towers

                     (2)  Construction of new electric power transmission lines, or the relocation or realignment of existing lines, where:

                             (a)  any portion of new line is to be located at a distance greater than 500 metres from an existing right‑of‑way; or

                             (b)  any portion of a new line is to be located within a special area as defined in Schedule B

                     (3)  Construction of new telephone trunk lines, or the relocation or realignment of existing trunk lines, where:

                             (a)  any portion of new line is to be located at a distance greater than 500 metres from an existing right‑of‑way; or

                             (b)  any portion of new line is to be located within a special area as defined in Schedule B

              E.  Other Heavy Construction

                     (1)  Construction of breakwater structures where:

                             (a)  the breakwater is greater than 100 metres in length; or

                             (b)  any portion of the breakwater is located in a special area as defined in Schedule B

Exception: When the breakwater is constructed entirely on or immediately adjacent to a natural shoreline

                     (2)  Construction of dikes, levees or other flood control structures

                     (3)  Construction of canals and other artificial waterways where:

                             (a)  the canal or other artificial waterway is wider than 3 metres measured at the ground surface; or

                             (b)  any portion of the waterway is located in a special area as defined in Schedule B

                     (4)  Inter‑ or intra‑basin water transfers

                     (5)  Land reclamation or landfilling of underwater areas where:

                             (a)  any portion is located within an estuary; or

                             (b)  any portion is located within a special area as defined in Schedule B; or

                             (c)  the area to be reclaimed or filled is greater than 5 hectares

                     (6)  Drainage of land areas where:

                             (a)  the total area of land to be drained is greater than 50 hectares; or

                             (b)  any portion of the area to be drained is located in a special area as defined in Schedule B

                     (7)  New railway lines or realignment of existing railway lines, where:

                             (a)  any portion of new line is to be located at a distance greater than 500 metres from the nearest existing right‑of‑way; or

                             (b)  any portion of new line is to be located in a special area as defined in Schedule B

                     (8)  Construction of railway yards

Exception: Railway yards located entirely within areas designated for that purpose in a development plan

                     (9)  Construction of service depots or equipment storage yards

Exception: Service depots or equipment storage yards located entirely within areas designated for that purpose in a development plan

                   (10)  Excavation of tunnels or caverns where:

                             (a)  a quantity of material greater than 1,000 cubic metres is to be extracted; or

                             (b)  any portion of the excavation is to be located in a special area as defined in Schedule B

Services Incidental to Construction

    449 Other Services Incidental to Construction

                  Developing, subdividing or servicing of lands for subsequent sale, transfer or lease where:

                     (a)  the total area involved is greater than 10 hectares; or

                     (b)  any portion of land is located within a special area as defined in Schedule B

Exception: Where land to be developed is located entirely within an area designated for that purpose in a development plan

                  Land Clearing where:

                     (a)  the total area to be cleared is greater than 50 hectares; or

                     (b)  any portion of the land to be cleared is located within a special area as defined in Schedule B

Exception: Where the land to be cleared is located entirely within an area designated for that purpose in a development plan

                  Modification of a watercourse where:

                     (a)  a total of more than one kilometre of the length of the watercourse is involved; or

                     (b)  any portion of the watercourse to be modified is located in a special area as defined in Schedule B

TRANSPORTATION AND STORAGE

Transportation

   452. Services Incidental to Air Transport

                  Establishment and operation of permanent airports on land or water

OTHER UTILITIES

Other Utilities

    499 Other Utilities

                  Establishment of waste disposal sites where:

                     (a)  the population to be served by the waste disposal site is greater than 5,000

                     (b)  any portion of the waste disposal site is located in a special area as defined in Schedule B, unless that special area is a waste disposal site

                  Establishment of facilities for the collection, storage or disposal of hazardous waste materials

WHOLESALE TRADE

Petroleum Products, Wholesale

    511 Petroleum Products, Wholesale

                  Establishment of petroleum products storage facilities having a total capacity greater than 2,000,000 litres

Other Products, Wholesale

    591 Waste Materials, Wholesale

                  Establishment of facilities for the purpose of assembling, breaking up, sorting or wholesale trading of scrap, junk or waste material of any type

GOVERNMENT SERVICES

Provincial Government Services

    827 Economic Services Administration

                  Resource conservation and management programs involving introductions of exotic species of animals or plants for any purpose

                  Resource conservation and management programs involving introductions of native species of animals or plants into areas of the province where those species do not occur at the time of the proposed introduction

                  Designation of Crown land for cottage development or other recreational development where:

                     (a)  the total area exceeds 10 hectares

Exception: where the land is located entirely within an area designated for that purpose in a development plan; or

                     (b)  any portion of the land to be designated is located within a special area as defined in Schedule B

ACCOMMODATION, FOOD AND BEVERAGE SERVICES

Accommodation Services

    913 Establishment of Camping Grounds and Travel Trailer Parks where the area of land to be developed exceeds 10 hectares

Exception: Where the Camping Ground or Travel Trailer Park is located entirely within an area designated for that purpose in a development plan

    914 Establishment of Recreation and Vacation Camps where the area of land to be developed exceeds 10 hectares

Exception: Where the Recreation or Vacation Camp is located entirely within an area designated for that purpose in a development plan

OTHER SERVICES

Amusement and Recreational Services

    964 Commercial Spectator Sports

                  Establishment of horse racetrack operations

                  Establishment of racetrack operations for motorized vehicles

    965 Sports and Recreation Clubs and Services

                  Establishment of facilities for downhill or cross country skiing, including trails, where:

                     (a)  the area of land to be developed exceeds 10 hectares; or

                     (b)  the total length of the trail exceeds 10 kilometres

                  Establishment of outdoor firearm ranges

                  Establishment of marina operations

Exception: Where the marina operation is to be located entirely within an area designated for that purpose in a development plan

                  Establishment of facilities for inclined railways and aerial lifts or tows

                  Establishment of facilities, including trails, for motorized recreational vehicles

    969 Other Amusement and Recreational Services

                  Establishment of trails for any purpose where:

                     (a)  the length of any individual trail is greater than 10 kilometres; or

                     (b)  any portion of the trail is to be located in a special area as defined in Schedule B

Exception: Where trails to be established are located entirely within an area designated for that purpose in a development plan or in a provincial park.

225/84 Sch 1


Schedule B

Special Areas

Under subsections 4(10) and (11)
of the regulations

                   The types of special areas referred to in subsections 4(10) and (11) shall be the following:

                      Aggregate Potential Zones
                      Agricultural Development Areas
                      Archaeological Sites
                      Forest Management Reserves
                      Industrial Development Areas
                      Protected Water Supply Areas
                      Provincial Parks
                      Restricted Development Areas
                      Scheduled Salmon Rivers*
                      Seabird Sanctuaries
                      Waste Disposal Sites
                      Wildlife Reserve Areas

                   *NOTE:           In the case of a scheduled salmon river, the special area is defined to include all land areas located within 200 metres of the highwater mark of the river.

                   The boundaries of the special areas have been compiled in a Land Use Atlas by the Land Management Division of the Department of Natural Resources. The Land Use Atlas is amended to reflect the changing composition and boundaries of the special areas. For the purpose of these regulations the areas included in the current Land Use Atlas in effect at the time of registration of the proposed development shall apply.

                   Other types of areas included in the Land Use Atlas but not listed in this Schedule shall not be special areas.

                   Copies of the Land Use Atlas may be viewed at the following regional offices of the Department of Natural Resources:

                      Eastern Region
                      Bldg. T851, P.O. Box 4750
                      Pleasantville
                      St. John's, Newfoundland
                      A1C 5T7
                      Tel: 709‑737‑2641

                      Central Region
                      30 Airport Boulevard
                      Gander, Newfoundland
                      A1V 1T5
                      Tel: 709‑256‑7131

                      Western Region
                      Shoprite Building
                      Broadway Street
                      P.O. Box 1017
                      Corner Brook, Newfoundland
                      Tel: 709‑639‑9111

                      Labrador Region
                      Building 86, North Side
                      P.O. Box 370
                      Goose Bay, Labrador
                      A0P 1C0

225/84 Sch 2