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RSNL1990 CHAPTER H-4
HISTORIC RESOURCES ACT
RSN1990 cR-8 s44; 1993 cD-19.1 s21; 2001 c31; 2001 cN-3.1 s2; 2004 cL-3.1 s39; 2005 cR-15.1 s38; 2007 c17; 2008 c59 s18
AN ACT RESPECTING THE PRESERVATION OF THE HISTORIC RESOURCES OF THE PROVINCE
This Act may be cited as the Historic Resources Act.
In this Act
"archaeological investigation" means an investigation made by a person for the purpose of discovering, in, on or as forming part of the land within the province, archaeological objects and includes a survey or examination whether or not it involves interference with or removal of the soil or of an archaeological object on, in or partly in land;
"archaeological object" means an object showing evidence of manufacture, alteration or use by humans that is found in or on land within the province and is of value for the information that it may give on prehistoric or historic human activity in the province and includes human remains;
"department" means the department presided over by the minister;
"fossil" includes constructs and other structures that contain or are evidence of prehistoric organisms;
"foundation" means the Heritage Foundation of Newfoundland and Labrador referred to in section 19;
"historic resource" means a work of nature or of humans that is primarily of value for its archaeological, prehistoric, historic, cultural, natural, scientific or aesthetic interest, including an archaeological, prehistoric, historic or natural site, structure or object;
"land" includes land covered by water, whether fresh or salt, within the province;
"minister" means the minister appointed under the Executive Council Act
to administer this Act;
"municipal authority" means
the City of Corner Brook,
the City of Mount Pearl,
the City of St. John’s, and
a municipality as defined in the Municipalities Act, 1999
(i) "museum" means The Rooms Provincial Museum referred to in section 30 of the Rooms Act ;
"palaeontological investigation" means an investigation carried out in the province by way of survey, examination or otherwise for the purpose of discovering a significant fossil in the province and that investigation may or may not require the removal of rock or a significant fossil found in, on or partly in land in the province;
"palaeontological resource" means a construct, structure or work of nature consisting of or being evidence of prehistoric multicellular organisms and palaeontological resources that are designated by regulation;
"provincial cultural property" means an historic resource or palaeontological resource that is the subject of a declaration under section 14;
"provincial historic site" means a site, area, parcel of land, building, monument or other structure that is the subject of a declaration under section 16;
"registered heritage structure" means a building or other structure designated under section 21;
(m) "registered provincial cultural resource" means a site, event, person or cultural tradition that is the subject of a declaration under section 17;
"registry" means the Provincial Registry of Historic Resources referred to in section 15;
"significant fossil" means a fossil originating in the province and consisting of or containing evidence of a pre-historic organism that is of exceptional scientific or commercial value as designated in accordance with the regulations; and
"significant palaeontological site" means an area of land that is the subject of a declaration under section 16.1.
The Crown is bound by this Act.
Labrador Inuit rights
(1) This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act
, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act.
Where, under this Act or regulations made under this Act, the minister issues a permit he or she may add to that permit terms and conditions that the holder of the permit must comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act
Duty of minister
The minister is responsible for the
protection and preservation;
co-ordination of the orderly development;
study and interpretation; and
promotion and appreciation
of the historic resources and palaeontological resources of the province.
(1) The minister may
accept gifts or bequests of money and of other things that are suitable for the purpose of this Act;
acquire by gift, donation, devise, bequest, loan, lease, purchase or other means an historic resource or palaeontological resource having a bearing on the history or heritage of the province; and
lend or lease an historic resource or palaeontological resource acquired under this Act
on the terms the minister considers appropriate.
Property acquired by the minister under this section by gift, bequest, devise or loan is subject to the terms and conditions stipulated by the person giving, bequeathing, devising or lending the property.
1985 c33 s5; 2001 c31 s3
(1) The historic resources fund is continued and is separate from the Consolidated Revenue Fund.
All money received by the minister on behalf of the Crown by gift, donation, contribution or bequest under this Act shall be credited in an account to be kept by the Minister of Finance.
The money referred to in subsection (2) shall be used by the minister for the purpose for which the donor, contributor or testator gave, contributed or bequeathed it, but if the donor, contributor or testator did not state the purpose for which the money was to be used it may be used by the minister for a purpose, other than salaries, designed to encourage and assist the preservation of historic resources and palaeontological resources in the province.
The Minister of Finance may, on the recommendation of the minister, pay into the fund amounts, out of money voted by the Legislature for the purpose of this Act, that the Minister of Finance considers appropriate.
The Minister of Finance shall make payments out of the fund on the recommendation of the minister.
1985 c33 s6; 2001 c31 s4
Rep. by 2005 cR-15.1 s38
[Rep. by 2005 cR-15.1 s38]
(1) A person shall not carry out an archaeological investigation or a palaeontological investigation in the province unless that person holds a valid permit issued under this section.
The minister may issue a permit authorizing the person named in it to carry out an archaeological investigation or a palaeontological investigation.
The minister may limit a permit as to time and location and may impose those other terms and conditions that the minister thinks necessary.
The minister may cancel a permit at any time.
The holder of a permit issued under this section shall
within a time that may be specified in the permit, provide to the minister a progress report on the work done, in the detail that the minister may require;
upon completion of the investigation restore the site to the condition that existed before the beginning of the investigation, where it is reasonably possible to do so; and
deliver to the minister possession of all archaeological objects and significant fossils recovered as the result of the investigation carried out under the permit.
Effects of permit
(1) A permit does not entitle the holder to enter onto the land that is the subject of the permit unless the holder has the permission of the owner or a person in occupation or possession of the land.
Where the land that is the subject of the permit is Crown lands, the permit holder is considered to have been given permission to enter onto the Crown lands for the purpose only of carrying out the activities authorized by the permit.
Liability does not attach to the Crown by reason only of the issuing of a permit.
Where as a result of an archaeological investigation or palaeontological investigation it is shown that the value of the interest of a person in a site, parcel of land, building or structure affected by the investigation is diminished, the party carrying out the investigation shall pay to that person in respect of the diminution in value compensation that may be mutually agreed upon, or, in the absence of agreement, an amount to be assessed on application to a judge of the Trial Division.
1985 c33 s9; 2001 c31 s8
Notice of discovery
(1) A person who discovers an archaeological object or a significant fossil shall report the discovery immediately to the minister stating the nature of the object or fossil, the location where it was discovered and the date of discovery.
A person, other than one to whom a permit has been issued under this Act, who discovers an archaeological object or a significant fossil shall not move, destroy, damage, deface, obliterate, alter, add to, mark or interfere with or remove that object or fossil from the province.
Title to objects
(1) The property in all archaeological objects, whether or not those objects are in the possession of the Crown, is vested in the Crown.
A person shall not buy, sell, trade or otherwise dispose of or remove from the province for the purpose of selling, trading or otherwise disposing of an archaeological object found in, on, or taken from the land within the province.
Where a person dies possessing of an archaeological object, the person responsible for the administration of the estate of the deceased person shall immediately deliver the archaeological object into the possession of the Crown.
A sale or other disposition of Crown lands shall not operate as a conveyance of an archaeological object unless the sale or other disposition expressly states that it does so operate.
Title to and trade in fossils
(1) All significant fossils, whether beneath the surface of the land, attached to the land or detached from the land, are vested in the Crown.
Where a person dies possessing a significant fossil, the person responsible for the administration of the estate of the deceased person shall immediately deliver the significant fossil into the possession of the Crown.
Except with the written permission of the minister, a person shall not engage in a commercial trade, activity, sale or export of a palaeontological resource.
Notwithstanding subsection (3), the collection of a common palaeontological resource that is not a significant fossil is permitted provided that there is no commercial trade, activity, sale or export of that resource.
Inspection of property
(1) The minister may authorize a person to enter onto, at a reasonable hour and after reasonable notice to the occupant, land for the purpose of
making surveys for; or
historic resources or palaeontological resources that may be present there.
Where entry under subsection (1) is refused, the minister may apply, without giving notice to other interested parties, to a judge of the Trial Division and the judge may issue an order authorizing the person named in the order to enter onto the land.
1985 c33 s12; 2001 c31 s11
(1) Where the minister is of the opinion that an operation or activity which may be undertaken by a person will or is likely to result in the alteration, damage or destruction of or otherwise adversely affect historic resources or palaeontological resources, the minister may order that person
to carry out an assessment to determine the effect of the proposed operation or activity on historic resources or palaeontological resources in the area where the operation or activity is carried on;
to prepare and submit to the minister, in accordance with the order, a report containing the assessment of the effect of the proposed operation or activity referred to in paragraph (a); and
to undertake those preservative or protective measures or to take the other action that the minister considers necessary.
Notwithstanding another Act, the minister may, in making an order under subsection (1), require a municipal authority to withhold or suspend a permit or other authorization relating to the operation or activity covered in the order until the person has, to the satisfaction of the minister, complied with subsection (1).
The minister may include in an order made under this section a provision with respect to costs that the minister considers appropriate.
1985 c33 s13; 2001 c31 s12
Provincial cultural property
(1) The Lieutenant-Governor in Council may, on the recommendation of the minister, declare an historic resource or palaeontological resource to be a provincial cultural property.
The minister shall by advertisement in the Gazette
or by the other means that the minister considers appropriate give notice of a declaration under this section.
An historic resource or palaeontological resource that is declared to be a provincial cultural property under this section shall be registered in the registry.
The minister may acquire, on behalf of the Crown, a provincial cultural property and may pay to the owner of it compensation that may be approved by the Lieutenant-Governor in Council.
A person shall not, except with the written consent of the minister, destroy, damage, deface, obliterate, alter, add to, mark or interfere with or remove from the province or agree to the removal from the province of a provincial cultural property.
Registry of Historic Resources
(1) The minister shall maintain within the department a registry which shall be known as the Provincial Registry of Historic Resources.
The registry shall comprise
provincial historic sites;
(b) registered provincial cultural resources;
significant palaeontological sites;
provincial cultural properties; and
registered heritage structures and registered heritage districts.
The minister may remove from the registry a
provincial historic site;
(b) registered provincial cultural resource;
significant palaeontological sites;
provincial cultural property; or
registered heritage structure and a registered heritage district.
The minister shall not remove from the registry a provincial historic site, significant palaeontological site or provincial cultural property without first obtaining the approval of the Lieutenant Governor in Council.
Provincial historic sites
(1) The Lieutenant-Governor in Council may, on the recommendation of the minister, declare to be a provincial historic site a site, area, parcel of land, building, monument or other structure in the province which is considered by the minister to be of historical or architectural significance and which the minister, with the consent of the Lieutenant-Governor in Council, has acquired on behalf of the Crown by purchase or otherwise as the minister considers necessary.
The minister shall by advertisement in the Gazette
or by other appropriate means give notice of a declaration under this section.
Palaeontologically significant site
(1) The Lieutenant Governor in Council may, on the recommendation of the minister, and in accordance with the regulations, declare to be a significant palaeontological site, an area of land in the province that the minister considers to be of palaeontological significance.
Except with the written permission of the minister, a commercial or industrial use or development within a significant palaeontological site is prohibited.
Acquisition of land
The Lieutenant-Governor in Council may acquire lands or rights with respect to an area declared to be a provincial historic site or a significant palaeontological site by purchase, expropriation under the Expropriation Act
or other means mutually agreed upon with the owner of the lands or rights to be acquired.
Registered provincial cultural resources
17. (1) The minister may declare a site, event, person or cultural tradition in the province that is considered by the minister to be of historical or cultural significance to be a registered provincial cultural resource.
(2) The minister may by means of a plaque or sign or in another suitable manner mark or otherwise commemorate a registered provincial cultural resource.
(3) The minister may make an agreement with a person, municipality or other entity for marking or commemorating a registered provincial cultural resource, including an agreement respecting the installation, inspection and maintenance of a plaque or sign, and the care and preservation of that resource.
Damage to site
A person shall not, except with the written consent of the minister,
move, destroy, damage, deface, alter, add to, mark or interfere with; and
remove from a provincial historic site, registered provincial cultural resource, significant palaeontological site of the province,
an archaeological object, significant fossil, building, monument, thing or other structure located on, in or under a provincial historic site, registered provincial cultural resource or significant palaeontological site.
(1) The Heritage Foundation of Newfoundland and Labrador is confirmed as being and continuing as a corporation since December 10, 1985.
The foundation is an agent of the Crown.
Objects of foundation
The objects of the foundation are
to stimulate an understanding of and an appreciation for the architectural heritage of the province;
to support and contribute to the preservation, maintenance and restoration of buildings and other structures of architectural or historical significance in the province; and
to contribute to the increase and diffusion of knowledge about the architectural heritage of the province.
Powers of foundation
In furtherance of its objects the foundation has power
to designate in the registry
an area of buildings or structures as a heritage district, and
buildings and other structures as heritage buildings or structures;
subject to the regulations made under section 29, to make grants for the purpose of the preservation, maintenance or restoration of registered heritage structures and registered heritage districts;
to enter into easements and covenants with a person to whom the foundation makes a grant for the preservation, maintenance or restoration of the architectural or historical characteristics of the registered heritage structure or registered heritage district for which the grant has been made;
to establish committees in order to carry out its objects;
by means of plaques or other signs or in another suitable manner, to mark or otherwise commemorate a registered heritage structure or registered heritage district; and
to make agreements with a person for marking or commemorating a registered heritage structure and with a person, organization or municipal authority for marking or commemorating a registered heritage district and for the care and preservation of that structure or district.
1985 c33 s21; 2001 c31 s18
(1) The foundation shall consist of not less than 7 nor more than 12 members appointed by the Lieutenant-Governor in Council.
The members of the foundation shall, subject to the approval of the minister, select 1 member to act as chairperson and 1 member to act as vice-chairperson of the foundation.
Where members are appointed to the foundation,
one shall be from the department;
the members shall provide geographic representation of the province; and
the members shall include persons with
a demonstrated knowledge of and involvement with the history of the province,
demonstrated experience in the preservation of the heritage of the province,
academic qualifications in a discipline associated with the preservation of the heritage of the province, and
expertise necessary to the achievement of the objectives of the foundation.
A member of the foundation shall
be appointed for a term of 3 years;
be eligible for reappointment; and
upon the expiry of his or her 3 year term, continue as a member until reappointed or replaced.
Where a vacancy occurs in the membership of the foundation, the Lieutenant-Governor in Council may, in accordance with this section, appoint another person as a replacement member and that member shall be appointed for a 3 year term and may be reappointed.
Notwithstanding subsections (4) and (4.1), where a member of the foundation
fails, without a cause that is satisfactory to the minister, to attend 2 or more consecutive meetings of the foundation; or
fails to comply with subsection 25(3),
the minister may direct the removal of that member from the foundation and the Lieutenant-Governor in Council may, in accordance with this section appoint a new member for a 3 year term.
A quorum of the foundation for the purposes of conducting a meeting shall consist of a majority of the members appointed to the foundation and matters shall be determined by a majority vote of the members present at the meeting.
A member of the foundation is not eligible for a grant from the foundation.
Meetings and expenses
(1) The foundation shall meet at the call of the chairperson but not less frequently than twice yearly.
Members of the foundation shall be reimbursed by the foundation for expenses incurred in relation to meetings and the work of the foundation in accordance with a scale for expenses of public employees that may be provided.
The expenses of the foundation shall be defrayed out of money appropriated for the foundation by the Legislature.
The minister may from among the persons employed in the division provide the foundation with the assistance that is necessary for the proper conduct of the affairs of the foundation.
(1) The foundation shall maintain a fund to which shall be credited the sums of money that may be voted by the Legislature for that purpose together with other amounts that it may receive by way of gift, bequest, donation or otherwise.
The foundation may make disbursements from the fund for the purposes set out in the regulations made under section 29.
Where the foundation considers a matter for which a disbursement may be made and a member has a personal interest in that matter, that member shall remove himself or herself from all discussion and shall not vote on the matter and failure to remove himself or herself shall be considered to be cause for his or her removal as a member of the foundation.
1985 c33 s25; 2001 c31 s20
The foundation shall apply to be a registered charity for the purposes of the Income Tax Act
(1) The accounts and financial transactions of the foundation are subject to the provisions of the Financial Administration Act.
The financial year of the foundation is as defined in the Financial Administration Act.
(1) The chairperson of the foundation shall, by not later than September 30 of each year, submit to the minister a report on the activities of the foundation during the immediately previous fiscal year and that report shall include the financial statement and auditor general’s report on that statement.
The minister shall lay the annual report of the foundation before the House of Assembly within 15 days of the receipt of it, or if the House of Assembly is not then sitting, within the 1st 15 days of the next session.
1985 c33 s28; 2001 c31 s21
The foundation may, with the approval of the minister, make regulations for the carrying out of the activities of the foundation and in particular may make regulations
respecting the making of grants for the purposes of this Part from the fund referred to in section 25;
establishing criteria for the designation of more than one building or structure within an area as a registered heritage district;
establishing criteria for the designation of buildings and other structures to the registry as registered heritage structures; and
respecting forms for the purposes of this Part.
1985 c33 s29; 2001 c31 s22
(1) An easement or covenant entered into by
a municipal authority in which the property is situated;
a heritage or historical organization approved by the minister; or
the foundation that has as its purpose the protection of an historic resource or architectural characteristic,
may be registered in the Registry of Deeds against the title of the property affected.
Where an easement or covenant is registered against property under subsection (1), the easement or covenant runs with the property and the holder may enforce the easement or covenant, whether positive or negative in nature, against the owner or subsequent owner of the property, even where the holder owns no other land that would be accommodated or benefited by the easement or covenant.
An easement or covenant entered into under subsection (1) may be assigned to another holder mentioned in subsection (1), and the easement or covenant continues to run with the property, and the assignee may enforce the easement or covenant as if the assignee were the assignor.
Upon dissolution of a municipal authority or an organization referred to in paragraph (1)(c), an easement or covenant that it held under subsection (1) is assigned to the minister in accordance with subsection (3).
Temporary stop order
(1) Where the minister or an employee referred to in section 33.1 is of the opinion that a person is engaged in an activity that is likely to result in damage to or destruction of an historic resource, significant palaeontological site or a significant fossil, the minister or employee may issue a temporary stop order requiring a person to stop the activity or part of the activity that is specified in the order for a period of not more than 30 days to permit the
salvaging of the historic resource, significant palaeontological site or significant fossil;
conducting of an archaeological investigation of the historic resource or a palaeontological investigation of the significant palaeontological site or significant fossil; or
investigating of alternatives to the damaging or destruction of the historic resource, significant palaeontological site or significant fossil.
The minister may extend the period of a temporary stop order for a further 60 days where in the opinion of the minister it is necessary to do so.
The person against whom a temporary stop order is made under subsection (1) or extended under subsection (2) may appeal to a judge of the Trial Division within 14 days of the date of that order and the judge may confirm, vary or rescind the order appealed from.
1985 c33 s31; 2001 c31 s23
Exemption from building code
The minister may by order exempt a provincial historic site from the application of a provision contained in a building code that would otherwise be applicable under an Act, regulation or municipal by-law.
The Lieutenant-Governor in Council may make regulations
[Rep. by 2005 cR-15.1 s38]
[Rep. by 2005 cR-15.1 s38]
generally, for the preservation and protection of historic resources and provincial historic sites;
respecting the establishment and operation of the registry;
respecting the issuing of permits to conduct archaeological investigations or palaeontological investigations;
respecting the commercial exploitation of fossils and commercial activities related to the exploration for, viewing or collection of fossils;
respecting the issuing of permits to conduct palaeontological investigations;
respecting the preservation and handling of palaeontological resources;
respecting the designation of palaeontological resources and significant fossils;
respecting the designation of significant palaeontological sites, including the criteria by which those sites may be designated; and
generally, to give effect to the purpose of this Act.
Designation of employees
In addition to employees of the department responsible for the implementation and administration of this Act, the minister may designate persons from among other employees of the government of the province to do those things necessary for the implementation and administration of this Act.
Powers of peace officer
(1) A peace officer or employee designated by the minister may require a person who is, or who the peace officer or employee has reasonable grounds to believe is, engaged in an activity for which a permit or consent is required by this Act to produce the permit or consent which authorized that activity and a person to whom a request is made shall immediately comply with the request.
A peace officer or employee designated by the minister may seize from a person found committing or whom the peace officer or employee has reasonable grounds to believe is committing an offence against this Act a tool, implement or other thing being used or which the peace officer or employee has reasonable grounds to believe is being used in the commission of the offence.
A peace officer or employee designated by the minister may seize from a person anything held or which the peace officer or employee has reasonable grounds to believe is being held in contravention of this Act.
1985 c33 s34; 2001 c31 s26
Offence and penalty
(1) A person who contravenes this Act, the regulations, the conditions of a permit or the terms of an easement or covenant entered into under section 30 is guilty of an offence and liable on summary conviction to a fine of not more than $50,000 or to imprisonment for a term of not more than 1 year or to both a fine and imprisonment and each continuance for a day or part of a day of the contravention constitutes a separate offence.
A person who is convicted of an offence mentioned in subsection (1) owes as a debt to the province an amount spent in the restoration of an historic resource or provincial historic site damaged or altered during or as a consequence of the commission of the offence and the minister may by an action recover that sum.
The provisions of this Act, to the extent that they apply to a fossil, significant fossil, palaeontological resource or significant palaeontological site, shall not apply to a person in the conduct of an activity that is lawfully carried out under the Mineral Act
, the Petroleum and Natural Gas Act
and the Quarry Materials Act, 1998
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