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Statutes of Newfoundland and Labrador 2006


CHAPTER 12

AN ACT TO AMEND THE ENVIRONMENTAL PROTECTION ACT

(Assented to May 26, 2006)

Analysis


        1.   S.78 Amdt.
Approvals

        2.   S.91 R&S
Formal request for investigation

        3.   S.92 Amdt.
Process on investigation request

        4.   S.99 Amdt.
Order

        5.   S.101 Amdt.
Effects of order


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

SNL2002 cE-14.2
as amended

        1. Section 78 of the Environmental Protection Act is amended by adding immediately after subsection (3) the following:

             (4)  The minister may authorize an official, officer or employee of the department or the Department of Government Services to issue, vary, amend or revoke approvals under this Part.

        2. Section 91 of the Act is repealed and the following substituted:

Formal request for investigation

      91. (1) A person may, at any reasonable time, report a concern regarding the enforcement of this Act to the department, and the department may take the action with respect to that report considered necessary in the circumstances.

             (2)  Notwithstanding subsection (1) and sections 94, 95 and 96, where a person has a reasonable belief that a person has contravened or is contravening this Act and the regulations, that person may request that the department investigate the alleged contravention.

             (3)  A request made under subsection (2) shall be accompanied by an affidavit of the person making the request made under oath or affirmation

             (a)  stating the name and address of the person making the request;

             (b)  stating the nature of the alleged contravention and the name of each person alleged to be involved in it; and

             (c)  containing a concise statement of the evidence supporting the allegations.

             (4)  A person who intentionally provides false information under subsection (2) or (3) is guilty of an offence.

 

        3. (1) Subsections 92(1) and (2) of the Act are repealed and the following substituted:

Process on investigation request

      92. (1) Where the minister receives 2 or more requests to investigate the same matter under section 91, the minister shall investigate the matter to determine the facts of the alleged contravention.

             (2)  Not more than 90 days after the receipt of the second request required under subsection (1), the minister shall report to the persons who made the request on the progress of the investigation and action proposed to be taken in respect of the alleged contravention.

             (2)  Section 92 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  Nothing in this section prohibits or constrains the powers of inspectors or other persons to carry out investigations under sections 94, 95, or 96.

        4. (1) Subsection 99(5) of the Act is repealed and the following substituted:

             (5)  The minister may authorize an official, officer or employee of the department or the Department of Government Services to issue, amend, vary, revoke and give reasons for an order under this section.

             (2)  Section 99 of the Act is amended by adding immediately after subsection (5) the following:

             (6)  Where, before the coming into force of subsection (5), the minister delegated authority to an official, officer or employee of the Department of Government Services to make an order under this section, that order is valid as if it had been made after the coming into force of subsection (5).

        5. Section 101 of the Act is amended by adding immediately after subsection (2) the following:

          (2.1)  An order made under this Part remains in effect during an appeal by the person who is subject to the order until a decision is made with respect to that appeal.