Statutes of Newfoundland 1999 Chapter W-4.1

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Statutes of Newfoundland 1999

CHAPTER W – 4.1

AN ACT TO PROVIDE FOR THE CONSERVATION, PROTECTION, WISE USE AND MANAGEMENT OF THE WATER RESOURCES OF THE PROVINCE
(Assented to December 14, 1999)

Analysis

1. Short title

2. Definitions

3. Acts read together

4. Water removal.

5. Exceptions

6. Offence

7. No right of action or to compensation

8. Royalty

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

Short title

1. This Act may be cited as the Water Resources Protection Act.

Definitions

2. In this Act

(a) "water" means all water located in or derived from water basins within the province; and

(b) "water resources" means water resources as defined in the Environment Act.

Acts read together

3. This Act is to be read with the Environment Act and the Crown Lands Act but where there is a conflict between this Act and either of those Acts this Act applies.

Water removal

4. A person shall not remove water from the province.

Exceptions

5. Notwithstanding section 4, water may be removed from the province where

(a) the water is contained in containers of not more than 30 litres in volume;

(b) the water is being transported in a motor vehicle, vessel or aircraft and is necessary for the operation of the motor vehicle, vessel or aircraft or is intended for the use by or consumption of persons in or on the motor vehicle, vessel or aircraft;

(d) the water is removed for a non-commercial purpose approved by the minister, including for safety or humanitarian purposes.

Offence

6. (1) A person who contravenes section 4 is guilty of an offence and is liable on summary conviction

(a) in the case of a natural person, to a fine of not more than $50,000; and

(b) in the case of a corporation, to a fine of not more than $1,000,000.

(2) Every continuation for a day or part of a day of a contravention of section 4 constitutes a separate offence.

No right of action or to compensation

7. (1) A right or privilege to remove water from the province, other than water referred to in section 5, vested in, acquired by or accruing to a person, by whatever means, before the coming into force of this Act is cancelled or abrogated.

(2) An action or proceeding, including an action or proceeding for compensation or damages, does not lie against the Crown, or a minister or employee of the Crown, for or in respect of a cancellation or abrogation of a right or privilege under subsection (1), or in respect of a statement made or an undertaking given, whether orally or in writing, which a person may have acted on to his or her detriment.

Royalty

8 (1) A royalty on all water resources that are the property of the Crown is reserved to the Crown.

(2) The Lieutenant-Governor in Council may make regulations

(a) prescribing the amount of a royalty on water resources;

(b) prescribing when and under what circumstances a royalty on water resources is payable to the Crown;

(d) respecting the waiver or variation of all or part of a royalty on water resources; and

(e) generally to give effect to the imposition and collection of a royalty on water resources under this section.