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Statutes of Newfoundland 1997


CHAPTER 29

CHAPTER 29

AN ACT TO AMEND THE PROVINCIAL PARKS ACT

(Assented to December 19, 1997)

Analysis

1. S.2 Amdt.
Definitions

2. S.4 Amdt.
Constitution of provincial parks

3. S.5 Amdt.
Control and management

4. S.6 Amdt.
Appointment of officers

5. S.8 R&S
Regulations

6. S.8.1 Amdt.
Minister may issue
leases

7. S.8.2 Added
T’Railway existing interest
and reversion

8. S.9 Amdt.
Penalty

9. S.10 R&S
Limited liability

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cP-32 as amended

1. (1) Paragraph 2(a) of the Provincial Parks Act is repealed and the following substituted:

(a) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(2) Section 2 of the Act is amended by deleting the period at the end of paragraph (b) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

(c) "waterway provincial park" means an area of the province designated as a provincial park for the management of a river or a portion of a river together with adjacent land for outdoor recreational purposes or natural and cultural heritage values.

2. (1) Subsection 4(2) of the Act is repealed and the following substituted:

(2) Notwithstanding subsection (1), the minister may increase or decrease the area of the Newfoundland T’Railway Provincial Park.

(3) Land removed from the Newfoundland T’Railway Provincial Park under subsection (2) shall revert to the Crown.

(4) The Lieutenant-Governor in Council may make a park available for public use for those purposes and activities that are established for that park under section 5.

(5) Notwithstanding subsection (4), a park may not be utilized in any manner for

(a) mineral exploration;

(b) mining;

(c) logging;

(d) hydro electric development; or

(e) private cottages.

3. Section 5 of the Act is amended by adding the phrase "and may prescribe activities which may or may not take place within provincial parks" immediately after the word "parks".

4. (1) Subsection 6(2) of the Act is amended by adding immediately after the word "Constabulary" the phrase "with respect to this Act".

(2) Section 6 of the Act is amended by adding immediately after subsection (2) the following:

(3) An officer appointed under subsection (1) may, within a provincial park, exercise the powers and authority of

(a) a forestry officer under the Forestry Act;

(b) a peace officer under the Highway Traffic Act; and

(c) a wild life officer under the Wild Life Act.

5. Section 8 of the Act is repealed and the following substituted:

Regulations

8. The minister may make regulations

(a) for the preservation, protection and use of animate and inanimate resources within provincial parks;

(b) designating parts of provincial parks in which land may be leased or occupied under a licence of occupation for commercial purposes;

(c) for regulating, controlling and governing air, land and water traffic in provincial parks and prohibiting the use of a defined class of aircraft, boat, or land vehicle, whether power driven or not;

(d) for regulating the use, setting out and extinguishment of fires in provincial parks;

(e) for prohibiting or regulating and governing horses, dogs and other animals in provincial parks; and

(f) generally, to give effect to the purpose of this Act

and in respect of the preceding matters different regulations may be made in respect of different provincial parks or parts of them.

6. Subsection 8.1(2) of the Act is repealed and the following substituted:

(2) A lease or licence of occupation issued under subsection (1) shall not exceed 5 hectares in area.

(2.1) Subsection (2) does not apply to the Newfoundland T’Railway Provincial Park.

7. The Act is amended by adding immediately after section 8.1 the following:

T’Railway existing interest and reversion

8.2 The minister may confirm a pre-existing interest in the Newfoundland T’Railway Provincial Park as defined by the regulations and in accordance with them.

8. Section 9 of the Act is amended by deleting the words and figure "not more than $500" and substituting the words and figures "not less than $100 nor more than $10,000".

9. Section 10 of the Act is repealed and the following substituted:

Limited liability

10. (1) A user of the Newfoundland T’Railway or a waterway provincial park voluntarily assumes all risks that may be encountered on the land and water included in those parks when using them, whether the person is within those parks or not.

(2) The Crown, as owner or occupier of land and water included in the Newfoundland T’Railway or a waterway provincial park, together with the agents, employees or servants of the Crown does not owe a duty of care towards a person using those parks or that person’s property, whether the person is within those parks or not.

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