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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1087/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1087/96

Wilderness and Ecological Reserves Regulations
under the
Wilderness and Ecological Reserves Act

(O.C. 96‑200)

Under the authority of section 29 of the Wilderness and Ecological Reserves 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.   Permits and licences

        4.   Entry

        5.   Camping

        6.   Camping limit

        7.   Restrictions

        8.   Exemption

        9.   Exemption

      10.   Exemption

      11.   Permit

      12.   Domesticated animals

      13.   Dog or horse

      14.   Aircraft landing

      15.   Aircraft flying

      16.   Snowmobile use

      17.   Salmon enhancement projects

      18.   Construction prohibited

      19.   Mineral exploration on existing claims

      20.   No new structures

      21.   Ownership preserved

      22.   Illegal structures

      23.   Transmission line and maintenance

      24.   Notice required

      25.   Management and enforcement activities

      26.   Scientific research

      27.   Application

      28.   Repeal

Schedule


Short title

        1. These regulations may be cited as the Wilderness and Ecological Reserves Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Wilderness and Ecological Reserves Act;

             (b)  "aircraft" means any machine for flying and includes fixed or rotary wing airplanes, gliders and hand gliders;

             (c)  "firearm" means a device where a missile is discharged by means of an explosive propellant or by means of compressed air or by a spring, and includes sporting guns, repeating guns, pump guns, set guns, swivel guns, punt guns, rifles, pistols, and revolvers of every description, hunting bows and arrows;

             (d)  "management plan" means the management plan for a declared wilderness and ecological reserve on file with the managing agency;

             (e)  "managing agency" means the parks division of the Department of Tourism, Culture and Recreation;

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

             (g)  "reserve" means a wilderness or ecological reserve set aside under the Act and listed in the Schedule; and

             (h)  "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, tent platforms, camps, shelters and recreational vehicles used for any purpose.

Permits and licences

        3. (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 the 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 the reserve contained in the order establishing the reserve.

             (4)  Permits may be issued for periods of up to 6 months' duration and may be renewed, upon expiration, on those terms as the managing agency may determine.

Entry

        4. No person may enter the reserve except

             (a)  the holder of a permit;

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

             (c)  a person or class of persons referenced in the order declaring the reserve.

Camping

        5. A person shall not erect or use a tent or other temporary shelter within a reserve, except a person engaged in the administration and maintenance of the reserve, or the holder of a permit issued in accordance with section 3.

Camping limit

        6. The period for which a camp is located at one site shall be limited to 10 days in succession unless otherwise authorized by the managing agency.

Restrictions

        7. Within the reserve a person shall not

             (a)  pollute or obstruct a stream or other body of water or dispose of any garbage;

             (b)  build or erect or cause to have built or erected a structure;

             (c)  destroy, damage, remove, disturb or handle the home, den or nest of wild life;

             (d)  destroy, damage, remove, disturb or handle an egg of any wild bird;

             (e)  be in possession of a firearm unless the firearm is securely wrapped and tied;

              (f)  destroy, damage or remove a plant, animal, fossil or object of historical or scientific interest;

             (g)  destroy, 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 or other motorized conveyance;

              (j)  use, operate or be in possession of an all‑terrain vehicle;

             (k)  operate a commercial establishment or commercial enterprise within the reserve, except guiding or touring;

              (l)  display, post or broadcast an advertisement; or

            (m)  engage in any other activity except as is permitted by the order establishing the reserve concerned without the permission of the minister or his or her designatee.

Exemption

        8. A person engaged in the administration or management of the reserve in the normal course of his or her duties is exempt from paragraphs 7(c), (d), (e), (f), (h) and (i).

Exemption

        9. A person engaged in scientific study which is approved by the managing agency may be exempted from paragraphs 7(c), (d), (e), (h) and (i).

Exemption

     10. A person engaged in hunting, fishing or trapping may be exempted from paragraphs 7(e) and (f) if he or she holds a valid permit issued under the Wild Life Act, the Migratory Birds Convention Act (Canada) or Fisheries Act (Canada), and that activity is expressly permitted under the terms of the permit.

Permit

     11. (1) A person engaged in a touring or guiding enterprise must obtain a permit for that enterprise from the managing agency.

             (2)  Applications for a permit shall provide a full description of the enterprise planned.

Domesticated animals

     12. A person shall not bring a domesticated animal into a reserve.

Dog or horse

     13. A person may enter a reserve with a dog or horse if that dog or horse is kept under control at all times.

Aircraft landing

     14. The landing of aircraft is prohibited within sensitive areas of the reserve as identified in the order establishing the reserve except at the time indicated in the order.

Aircraft flying

     15. Aircraft flying through the sensitive areas at the times indicated in the order establishing the reserve shall maintain an altitude of 600 metres above ground level.

Snowmobile use

     16. Use of snowmobiles or outboard motors is prohibited during those periods and within those areas of a reserve as identified in the order establishing the reserve.

Salmon enhancement projects

     17. (1) Atlantic salmon may be introduced into waters of a reserve they do not now occupy, provided a permit for the project is obtained from the managing agency.

             (2)  Applications for a permit shall provide a full description of the work to be carried out as part of the enhancement project.

Construction prohibited

     18. Construction and blasting associated with salmon enhancement is not permitted within a reserve.

Mineral exploration on existing claims

     19. (1) Mineral exploration activities may be carried on on pre‑existing claims within the reserve, if pre‑existing claims remain after establishment of the reserve, until the mineral rights revert to the Crown.

             (2)  Exploration shall be carried out in a controlled manner to ensure that every effort is made to prevent damage to the reserve.

             (3)  The mineral rights holder shall present an annual work plan to the minister or his or her designate for approval at least 90 days prior to commencing the proposed year's exploratory work.

             (4)  The work plan shall provide details of all work to occur in the field within the wilderness reserve.

             (5)  The annual work plan shall identify the specific areas of work, describe the nature and extent of the work, provide an estimated cost of the work and include an environmental rehabilitation program acceptable to the minister or his or her designate.

             (6)  The minister or his or her designate shall, within 60 days of receipt of the plan of work, approve it or direct that modifications be made to it solely on the basis of environmental considerations.

             (7)  The work shall be carried out in accordance with the approved work plan.

             (8)  The minister or his or her designate may require that the mineral rights holder provide security acceptable to the minister or his or her designate to ensure compliance with the approved work plan and performance of rehabilitation.

             (9)  The security under subsection (8) shall not exceed $25,000 plus 20% of the value of work over the value of $100,000 as indicated in the annual work plan.

           (10)  The security shall be kept in full force for the term of the work, and for one year after its expiration or surrender, or until the minister or his or her designate notifies the mineral rights holder that all conditions of the annual work plan have been met.

           (11)  If default of the conditions of the plan occur, the minister shall use the security or part of that security to ensure that due performance occurs.

No new structures

     20. New structures shall not be constructed within a wilderness and ecological reserve referred to in the Schedule.

Ownership preserved

     21. (1) Persons with legal title to structures and land in non‑sensitive areas within the reserve may continue to own those premises and to occupy and use them during the times specified in the order establishing the reserve concerned.

             (2)  First option to purchase structures and land in non‑sensitive areas within the reserves, should these owners decide to sell, is retained by and vests in the Crown.

Illegal structures

     22. All illegal structures within the reserve will be removed.

Transmission line and maintenance

     23. (1) Newfoundland and Labrador Hydro, Newfoundland Power and Newtel, or other utility, shall present to the managing agency an environmental protection plan detailing how maintenance work on any transmission line, any rights of way, or existing infrastructure, including bridges and roadways, which pass through a section of the wilderness and ecological reserve will be carried out to minimize environmental damage.

             (2)  Newfoundland and Labrador Hydro, Newfoundland Power and Newtel, or other utility, shall present to the managing agency an annual work plan detailing the type and timing of work to be carried out on its transmission lines, rights of way, or existing infrastructure related to it.

             (3)  The work plan under subsection (2) shall cover the period April 1 to March 31, and shall be presented by January 1 annually.

             (4)  The managing agency shall, within 60 days of receipt of the annual work plan, approve it, or direct that modifications be made solely on the basis of environmental considerations and the work shall be carried out in accordance with the approved work plan.

Notice required

     24. Newfoundland and Labrador Hydro, Newfoundland Power and Newtel, or other utility, shall notify the managing agency of any activities related to its transmission lines, rights of way, or existing infrastructure related to it which may have an effect on the reserve.

Management and enforcement activities

     25. Government agencies with management or enforcement responsibilities or interests within the reserve shall submit annual management plans or activity plans to the managing agency.

Scientific research

     26. Scientific research within the reserve shall require a permit and those permits may be obtained from the managing agency on submission of a written request fully outlining and detailing the research project.

Application

     27. These regulations shall apply to the wilderness and ecological reserves listed in the Schedule, except to the extent that they have been modified by the order declaring a given wilderness and ecological reserve in effect.

Repeal

      28. The following regulations are repealed:

             (a)  Avalon Wilderness Reserve Regulations, 1986, Newfoundland Regulation 260/86;

             (b)  Baccalieu Island Ecological Reserve Regulations, 1995, Newfoundland Regulation 147/95;

             (c)  Bay du Nord Wilderness Reserve Regulations, 1990, Newfoundland Regulation 90/90;

             (d)  Cape St. Mary's Seabird Ecological Reserve Regulations, 1994, Newfoundland Regulation 140/94;

             (e)  Fortune Head Ecological Reserve Regulations, 1992, Newfoundland Regulation 206/92;

              (f)  Hawke Hill Ecological Reserve Regulations, 1992, Newfoundland Regulation 203/92;

             (g)  King George IV Provisional Ecological Reserve Regulation, 1994, Newfoundland Regulation 118/94;

             (h)  Mistaken Point Ecological Reserve Regulations, 1987, Newfoundland Regulation 143/87;

              (i)  Redfir Lake ‑ Kapitagas Channel Provisional Reserve Regulations, 1995, Newfoundland Regulation 135/95;

              (j)  Table Point Ecological Reserve Regulations, 1990, Newfoundland Regulation 73/90;

            (k)  Watts Point Ecological Reserve Regulations, 1990, Newfoundland Regulation 288/90;

              (l)  West Brook Ecological Reserve Regulations, 1993, Newfoundland Regulation 77/93; and

            (m)  Witless Bay Seabird Ecological Reserve Regulations, 1994, Newfoundland Regulation 177/94.


Schedule

        1. Avalon Wilderness Reserve

        2. Baccalieu Island Ecological Reserve

        3. Bay du Nord Wilderness Reserve

        4. Cape St. Mary's Ecological Reserve

        5. Fortune Head Ecological Reserve

        6. Hawke Hill Ecological Reserve

        7. King George IV Lake Provisional Ecological Reserve

        8. Mistaken Point Ecological Reserve

        9. Redfir Lake ‑ Kapitagas Channel Provisional Ecological Reserve

     10. Table Point Ecological Reserve

     11. Watts Point Ecological Reserve

     12. West Brook Ecological Reserve

     13. Witless Bay Ecological Reserve