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Copyright © 2006: Queens Printer,
RSNL1990 CHAPTER P-32
PROVINCIAL PARKS ACT
1992 c14 s1; 1993 cD-19.1; 1996 c8; 1997 c13 s56; 1997 c29;
AN ACT RESPECTING PROVINCIAL PARKS
1. This Act may be cited as the Provincial Parks Act.
2. In this Act
(a) "minister" means the minister appointed under the Executive Council Act to administer this Act;
(b) "provincial park" means a provincial park constituted under this Act; and
(c) "waterway provincial park" means an area of the province designated as a provincial park for the management of a river or a portion of a river together with adjacent land for outdoor recreational purposes or natural and cultural heritage values.
Labrador Inuit rights
2.1 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.
Lands for provincial parks
3. The Lieutenant-Governor in Council may
(a) acquire by purchase, lease or otherwise land within the province as a provincial park or a part of it, out of money provided by the Legislature for that purpose;
(b) accept a gift of land from a person for a provincial park or a part of it; and
(c) set apart Crown lands as provincial parks.
Constitution of provincial parks
4. (1) The Lieutenant-Governor in Council may by order published in the Gazette constitute an area within the province as a provincial park within the meaning of this Act and may by order increase or decrease the area of a provincial park.
Notwithstanding subsection (1), the minister may increase or decrease the area of the
Land removed from the
(4) The Lieutenant-Governor in Council may make a park available for public use for those purposes and activities that are established for that park under section 5.
(5) Notwithstanding subsection (4), a park may not be utilized in any manner for
(a) mineral exploration;
(d) hydro electric development; or
(e) private cottages.
Control and management
5. (1) The minister shall control and manage provincial parks and may prescribe activities which may or may not take place within provincial parks.
(2) Notwithstanding subsection 4(5), the minister may permit the use of the Newfoundland and Labrador T’Railway Provincial Park for the purpose of transportation associated with logging, mining, mineral exploration or hydro-electric development.
Appointment of officers
6. (1) The minister may appoint officers who shall exercise and perform the powers and duties that are conferred or imposed upon them by this Act or the regulations or assigned to them by the minister.
(2) An officer appointed under subsection (1) has and may exercise within provincial parks the power and authority of a member of the Royal Newfoundland Constabulary with respect to this Act.
(3) An officer appointed under subsection (1) may, within a provincial park, exercise the powers and authority of
(a) a forestry officer under the Forestry Act ;
(b) a peace officer under the Highway Traffic Act ; and
(c) a wild life officer under the Wild Life Act .
RSN1970 c312 s6; 1981 c79 s8; 1997 c29 s4
Boards or committees
7. The Lieutenant-Governor in Council may appoint the boards or committees that he or she thinks necessary to help and advise the minister in the control and management of provincial parks and may appoint different boards or committees for different provincial parks.
8. The minister may make regulations
(a) for the preservation, protection and use of animate and inanimate resources within provincial parks;
(b) designating parts of provincial parks in which land may be leased or occupied under a licence of occupation for commercial purposes;
(c) for regulating, controlling and governing air, land and water traffic in provincial parks and prohibiting the use of a defined class of aircraft, boat, or land vehicle, whether power driven or not;
(d) for regulating the use, setting out and extinguishment of fires in provincial parks;
(e) for prohibiting or regulating and governing horses, dogs and other animals in provincial parks; and
(f) generally, to give effect to the purpose of this Act
and in respect of the preceding matters different regulations may be made in respect of different provincial parks or parts of them.
Minister may issue leases
8.1 (1) Notwithstanding section 8 or a regulation made under that section, the minister may issue leases or licences of occupation to parts of provincial parks for commercial purposes.
(2) A lease or licence of occupation issued under subsection (1) shall not exceed 5 hectares in area.
Subsection (2) does not apply to the
(3) In a lease or licence of occupation issued under subsection (1) the minister may prescribe the terms and conditions governing the cost or type of construction and the location of buildings or structures that may be erected.
T'Railway existing interest and reversion
The minister may confirm a pre-existing interest in the
9. A person who fails to comply with this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $100 or more than $10,000.
RSN1970 c312 s9; 1973 No68 s2; 1997 c29 s8
10. (1) A user of the Newfoundland and Labrador T'Railway or a waterway provincial park voluntarily assumes all risks that may be encountered on the land and water included in those parks when using them, whether the person is within those parks or not.
(2) The Crown, as owner or occupier of land and water included in the Newfoundland and Labrador T'Railway or a waterway provincial park, together with the agents, employees or servants of the Crown does not owe a duty of care towards a person using those parks or that person's property, whether the person is within those parks or not.