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Revised Statutes of Newfoundland 1990


CHAPTER L-7

AN ACT FOR THE PROTECTION OF THE WATER SUPPLY FROM LARKIN'S POND AND OTHER CONTIGUOUS LAKES

Analysis

1. Short title

2. Definitions

3. Application

4. Allocation of water

5. Regulations

6. Supply of water

7. Possession and control of reservoir


Short title

1. This Act may be cited as the Larkin's Pond Reservoir Act.

RSN1970 c200 s1

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Definitions

2. In this Act

(a) "council" means a town, community or regional council established or continued under the Municipalities Act and a council of a city or other municipality established under a special Act;

(b) "Larkin's Pond reservoir" means the lakes, ponds and Crown lands referred to in paragraph 3(1)(a) and includes all lakes, ponds, rivers and Crown lands added by order under subsection 3(2);

(c) "leased area" means an area of land leased to the United States of America under The American Bases Act, The American Bases (Supplement Leases) Act, 1942, or The American Bases (Supplement Leases) Act, 1948;

(d) "municipality" means the area in which a council exercises jurisdiction; and

(e) "the Town Council of Placentia" means the council having the control and management of the Town of Placentia.

RSN1970 c200 s2; 1979 c33 Sch C

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Application

3. (1) This Act applies in respect of

(a) Larkin's Pond situated near the Placentia terminus of the Canadian National Railways at Jerseyside, Placentia, and all other lakes and ponds from which the supply of water for the municipality controlled and managed by the Town Council of Placentia is at present derived together with all of the Crown lands surrounding and adjoining Larkin's Pond and all other lakes and ponds to the extent of 274 metres from the margin; and

(b) those additional lakes, ponds, rivers and Crown lands that may be added by order under subsection (2).

(2) The Lieutenant-Governor in Council may by order add to the lakes, ponds and Crown lands referred to in paragraph (1)(a) those additional lakes, ponds, rivers and Crown lands that in his or her opinion are necessary or desirable for the purpose of ensuring that an adequate supply of pure water shall be available to all municipalities and leased areas deriving a supply of water from the lakes and ponds referred to in that paragraph and in the exercise of his or her powers under this subsection the Lieutenant-Governor in Council may take into account the future as well as the present needs of those municipalities and leased areas.

RSN1970 c200 s4

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Allocation of water

4. The Lieutenant-Governor in Council may, subject to those terms and conditions that he or she may prescribe, allocate to a council the amount of water from the Larkin's Pond reservoir that in his or her opinion is necessary to meet the needs of the municipality controlled and managed by the council, and may permit the council to install pipe lines and other works on the watershed of the reservoir and elsewhere for carrying water from the reservoir to the municipality.

RSN1970 c200 s5

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Regulations

5. The Lieutenant-Governor in Council may make regulations

(a) preventing the pollution of the Larkin's Pond reservoir and the obstruction of the outflow;

(b) prohibiting, restricting or making subject to the approval of the Lieutenant-Governor in Council

(i) the cutting of timber or the clearing of land on, or

(ii) the erection or establishment of a building, structure or other work on, in, over or under

the watershed of the reservoir or a part of it;

(c) prohibiting a person from placing or allowing to escape on the watershed of the reservoir or a part of it a matter or thing that is of an offensive or deleterious nature or that is calculated to impair the quality of the water of the reservoir for use for domestic purposes;

(d) prohibiting the driving of animals across the ice of the lakes or ponds that are part of the reservoir or prohibiting a person from allowing animals to wander onto the lakes or ponds;

(e) prohibiting the sailing of boats or fishing in the lakes or ponds that are part of the reservoir; and

(f) generally for the purpose of this Act.

RSN1970 c200 s6

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Supply of water

6. (1) Subject to the approval of the Lieutenant-Governor in Council, the Town Council of Placentia may enter into an agreement with the appropriate authority having jurisdiction in a leased area for the supply of water from the Larkin's Pond reservoir to the leased area and the agreement may contain those terms as to the quantity of the water to be supplied and the conditions under which the supply will be permitted and other terms and conditions that may be approved by the Lieutenant-Governor in Council and money paid under the agreement by the authority in consideration of the supply of water shall be paid to the Town Council of Placentia.

(2) When an agreement has been executed in accordance with subsection (1), the Town Council of Placentia shall have full authority to do or omit to do the several acts, matters and things in and by the agreement provided to be done or not to be done, by that council, in the manner and with the effect and under the conditions stipulated and provided in the agreement.

(3) Money received by the Town Council of Placentia under arrangement executed in accordance with subsection (1) shall be deposited to the credit of the council and may be applied by it to a purpose to which it is authorized to apply other of its revenues.

RSN1970 c200 s7

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Possession and control of reservoir

7. The Town Council of Placentia shall have possession and control of the Larkin's Pond reservoir, but that town council shall not prevent, restrict or interfere with an allocation of water made by the Lieutenant-Governor in Council to a council under section 68 of The Rural District of Placentia Act, 1945, or under section 4 of this Act, and the Town Council of Placentia shall comply with the regulations made under section 5.

RSN1970 c200 s8

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