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Statutes of Newfoundland 1997


CHAPTER 40

CHAPTER 40

AN ACT TO AMEND THE WILDERNESS AND ECOLOGICAL RESERVES ACT

(Assented to December 19, 1997)

Analysis

1. S.12 Amdt.
Duties of council

2. Ss.13, 14 & 15 R&S
13. Duties of minister
14. Provisional reserve
15. Information on re- serves

3. S.18 R&S
Reserve established

4. S.23 Amdt.
Acquisition of land

5. S.24 Amdt.
Prohibited activities

6. S.25 Amdt.
Exemptions

7. S.29 Amdt.
Regulations

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


RSN1990 cW-9 as amended

1. Subsections 12(2) and (3) of the Wilderness and Ecological Reserves Act are repealed and the following substituted:

(2) Where, in the opinion of the advisory council, the comments received under subsection (1) from the interested departments and bodies do not change the opinion as to the suitability of the area for the establishment of a provisional reserve, the advisory council shall give a report to the Lieutenant-Governor in Council.

2. Sections 13, 14 and 15 of the Act are repealed and the following substituted:

Duties of minister

13. Where subsections 12(1) and (2) have been carried out, the minister shall prepare

(a) a boundary description of the area that will constitute the provisional reserve; and

(b) a statement of the purposes for establishing the provisional reserve.

Provisional reserve

14. (1) After receiving a report under subsection 12(2) and the description and statement required by section 13, the Lieutenant-Governor in Council may order that a provisional reserve be established and that order shall contain that description and statement.

(2) An order made under this section is subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

Information on reserves

15. Within one year from the date of the establishment of a provisional reserve, the minister shall prepare and publish, in a newspaper in circulation in the area of the provisional reserve, a notice that contains

(a) a boundary description of the area of the proposed reserve;

(b) an outline of the management plan of the proposed reserve; and

(c) a statement indicating that the minister requires written notice within the next 30 days where a member of the public intends to participate in a public hearing on the establishment of the reserve.

3. Section 18 of the Act is repealed and the following substituted:

Reserve established

18. (1) After consideration of the report referred to in section 17, the Lieutenant-Governor in Council may order that the provisional reserve be discontinued or that a reserve be established.

(2) Where a provisional reserve is discontinued, the minister shall publish a notice to that effect in a newspaper in circulation in the area of the provisional reserve.

(3) Where a reserve is established, the minister shall publish a notice in a newspaper in circulation in the area of the reserve to indicate the establishment of the reserve, a description of the area involved and an outline of the management plan of the reserve.

(4) An order made under subsection (1) is subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

4. Paragraph 23(1)(a) of the Act is amended by adding the words "provisional reserve" immediately before the words "or emergency reserve".

5. Subsection 24(1) of the Act is amended by adding the words "provisional reserve" immediately before the words "or emergency reserve" wherever they occur.

6. (1) Paragraph 25(1)(c) of the Act is amended by adding the word "provisional" immediately before the word "reserve".

(2) Paragraph 25(1)(e) of the Act is amended by adding the words "provisional reserve" immediately before the words "or emergency reserve".

(3) Subsection 25(2) of the Act is amended by adding the word "provisional" immediately before the word "reserve".

7. Section 29 of the Act is amended by adding the words "provisional reserve" immediately before the words "or emergency reserve" wherever they occur.

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