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NEWFOUNDLAND AND LABRADOR
REGULATION 16/24

Wind Energy Contingency Land Reserve Order
under the
Lands Act
(O.C.
2024-040 )

(Filed March 27, 2024)

Under the authority of subsection 8(2) of the Lands Act, the minister, with the approval of the Lieutenant-Governor in Council, makes the following Order.

Dated at St. John’s, March 26, 2024.

Elvis Loveless
Minister of Fisheries, Forestry and Agriculture

Krista Quinlan
Clerk of the Executive Council

ORDER

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Purpose

       
4.   Term

       
5.   Exception

             
Schedule


Short title

1.  This Order may be cited as the Wind Energy Contingency Land Reserve Order .

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Definitions

        2. In this Order

             (a)  "Act" means the Lands Act ;

             (b)  "available Crown lands" means Crown lands that have not been

                      (i)  granted, leased or the subject of a licence or easement, or

                     (ii)  otherwise lawfully set apart or alienated from the Crown; and

             (c)  "Wind Energy Contingency Land Reserve" means Crown land reserved under section 3.

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Purpose

        3. The Wind Energy Contingency Land Reserve is established to ensure that available Crown lands located within the area described in the Schedule are available for contingent wind turbine locations for the purpose of a wind energy project in Argentia.

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Term

        4. The Wind Energy Contingency Land Reserve is established until September 28, 2025.

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Exception

        5. Notwithstanding section 3,

             (a)  the minister may accept applications for Crown lands included in the Wind Energy Contingency Land Reserve where the application states that

                      (i)  the Crown lands are required

                            (A)  on an urgent basis for the public good,

                            (B)  for meteorological towers and associated developments or infrastructure, or

                            (C)  for access or utility purposes for developments existing on or before March 28, 2024, or

                     (ii)  the person making the application has acquired an interest in the Crown lands under section 36 of the Act; and

             (b)  the minister may issue grants, leases, licences or easements in relation to Crown lands included in the Wind Energy Contingency Land Reserve where

                      (i)  the minister is satisfied that the Crown lands are required for a purpose referred to in subparagraph (a)(i),

                     (ii)  the minister is satisfied that the person who made the application has acquired an interest in the Crown lands under section 36 of the Act, or

                    (iii)  the application for Crown lands was received on or before March 28, 2024.

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SCHEDULE

All that piece or parcel of land situated northeast of Dunville, in the electoral district of Placentia - St. Mary's, in the Province of Newfoundland and Labrador, bounded and abutted as follows:

Commencing at a point which falls on the southern limit of the right-of- way for route 102, said right-of-way being 30 metres wide, having grid coordinates of east 239 901 metres and north 5 240 384 metres, more or less;

Then heading in a northeast direction to a point being the southeast corner of a parcel of land issued by Crown Lands and registered in Volume 91, Folio 166, having grid coordinates of east 240 543 metres and north 5 240 696 metres, more or less;

Then heading in a northeast direction along land registered with Crown Lands in Volume 91, Folio 166, to a point being the northeast corner of a parcel of land issued by Crown Lands and registered in Volume 91, Folio 166, having grid coordinates of east 240 585 metres and north 5 240 734 metres, more or less;

Then heading in a northeast direction to a point having grid coordinates of east 241 025 metres and north 5 240 975 metres, more or less;

Then heading in a northeast direction to a point having grid coordinates of east 243 050 metres and north 5 243 475 metres, more or less;

Then heading in a northeast direction to a point having grid coordinates of east 245 613 metres and north 5 244 558 metres, more or less;

Then heading in a northeast direction to a point having grid coordinates of east 245 721 metres and north 5 244 688 metres, more or less;

Then heading in a southeast direction to a point having grid coordinates of east 246 997 metres and north 5 243 655 metres, more or less;

Then heading in a southwest direction to a point having grid coordinates of east 246 968 metres and north 5 243 491 metres, more or less;

Then heading in a southwest direction to a point having grid coordinates of east 246 399 metres and north 5 242 265 metres, more or less;

Then heading in a southwest direction to a point which falls on the northern boundary of a parcel of land issued by Crown Lands and registered as Title number 65071, having grid coordinates of east 246 245 metres and north 5 242 026 metres, more or less;

Then heading in a southwest direction along the northern boundary of a parcel of land issued by Crown Lands and registered as Title number 65071, to a point being the northwest corner, having grid coordinates of east 246 072 metres and north 5 241 982 metres, more or less;

Then heading in a southerly direction along the easterly boundary of a parcel of land issued by Crown Lands and registered as Title number 65071, to a point being the southwest corner, having grid coordinates of east 246 072 metres and north 5 241 967 metres, more or less;

Then heading in a northeast direction to a point which falls on the southern boundary of a parcel of land issued by Crown Lands and registered as Title number 65071, having grid coordinates of east 246 232 metres and north 5 242 008 metres, more or less;

Then heading in a southwest direction to a point being the northeast corner of a parcel of land issued by Crown Lands and registered as Title number 124135, having grid coordinates of east 245 995 metres and north 5 241 642 metres, more or less;

Then heading in a northwest direction along the northern boundary of a parcel of land issued by Crown Lands and registered as Title number 124135, to a point being the northwest corner, having grid coordinates of east 245 924 metres and north 5 241 713 metres, more or less;

Then heading in a southwest direction along the western boundary of a parcel of land issued by Crown Lands and registered as Title number 124135, to a point being the southwest corner, having grid coordinates of east 245 853 metres and north 5 241 642 metres, more or less;

Then heading in a southeast direction along the southern boundary of a parcel of land issued by Crown Lands and registered as Title number 124135, to a point being the southeast corner, having grid coordinates of east 245 924 metres and north 5 241 571 metres, more or less;

Then heading in a southwest direction to a point having grid coordinates of east 245 400 metres and north 5 240 737 metres, more or less;

Then heading in a southwest direction to a point having grid coordinates of east 243 460 metres and north 5 239 487 metres, more or less;

Then heading in a southwest direction to a point having grid coordinates of east 241 153 metres and north 5 238 211 metres, more or less;

Then heading in a southwest direction to a point having grid coordinates of east 239 486 metres and north 5 237 874 metres, more or less;

Then heading in a northwest direction to a point having grid coordinates of east 239 122 metres and north 5 237 974 metres, more or less;

Then heading in a northwest direction to a point having grid coordinates of east 238 846 metres and north 5 238 696 metres, more or less;

Then heading in a northeast direction to a point which falls on the southern limit of the right-of-way for route 102, said right-of-way being 30 metres wide, having grid coordinates of east 238 881 metres and north 5 238 810 metres, more or less;

Then heading in a irregular northeast direction following along the southern limit of said right-of-way for route 102 to a point being the southwest corner of a parcel of land issued by Crown Lands and registered as Title number 32253, having grid coordinates of east 239 034 metres and north 5 233 149 metres, more or less;

Then heading in a southeast direction along the southern boundary of a parcel of land issued by Crown Lands and registered as Title number 32253, to a point being the southeast corner, having grid coordinates of east 239 200 metres and north 5 239 037 metres, more or less;

Then heading in a northeast direction along the eastern boundary of a parcel of land issued by Crown Lands and registered as Title number 32253, to a point being the northeast corner, having grid coordinates of east 239 256 metres and north 5 239 121 metres, more or less;

Then heading in a northwest direction along the northern boundary of a parcel of land issued by Crown Lands and registered as Title number 32253, to a point being the northwest corner, having grid coordinates of east 239 089 metres and north 5 239 232 metres, more or less;

Then heading in a northeast direction following along the southern limit of said right-of-way for route 102 to a point being the southwest corner of a parcel of land issued by Crown Lands and registered in Volume 126, Folio 62, having grid coordinates of east 239 146 metres and north 5 239 315 metres, more or less;

Then heading in a southeast direction along the southern boundary of a parcel of land issued by Crown Lands and registered in Volume 126, Folio 62, to a point being the southeast corner, having grid coordinates of east 239 422 metres and north 5 239 132 metres, more or less;

Then heading in a northeast direction along the eastern boundary of a parcel of land issued by Crown Lands and registered in Volume 126, Folio 62, to a point being the northeast corner, having grid coordinates of east 239 455 metres and north 5 239 182 metres, more or less;

Then heading in a northwest direction along the northern boundary of a parcel of land issued by Crown Lands and registered in Volume 126, Folio 62, to a point being the southeast corner of a parcel of land issued by Crown Lands and registered as Title number 71839, having grid coordinates of east 239 325 metres and north 5 239 269 metres, more or less;

Then heading in a northeast direction along the eastern boundary of a parcel of land issued by Crown Lands and registered as Title number 71839, to a point being the northeast corner, having grid coordinates of east 239 401 metres and north 5 239 371 metres, more or less;

Then heading in a northwest direction along the northern boundary of a parcel of land issued by Crown Lands and registered as Title number 71839, to a point being the northwest corner, having grid coordinates of east 239 241 metres and north 5 239 469 metres, more or less;

Then heading in an irregular northeast direction following along the southern limit of said right-of-way for route 102 to a point being the southwest corner of a parcel of land issued by Crown Lands and registered as Title number 17040, having grid coordinates of east 239 708 metres and north 5 240 195 metres, more or less;

Then heading in a southeast direction along the southern boundary of a parcel of land issued by Crown Lands and registered as Title number 17040, to a point being the southeast corner, having grid coordinates of east 239 748 metres and north 5 240 149 metres, more or less;

Then heading in a northeast direction along the eastern boundary of a parcel of land issued by Crown Lands and registered as Title number 17040, to a point being the northeast corner, having grid coordinates of east 239 794 metres and north 5 240 189 metres, more or less;

Then heading in a northwest direction along the northern boundary of a parcel of land issued by Crown Lands and registered as Title number 17040, to a point being the northwest corner, having grid coordinates of east 239 754 metres and north 5 240 235 metres, more or less;

Then heading in a northeast direction following along the southern limit of said right-of-way for route 102 more or less, to the point of commencement.

The above described piece or parcel of land contains a total area of approximately 2,457 hectares, more or less, as depicted in the Provincial Land Use Atlas.

Reserving nonetheless out of the above described parcel of land, parcels of land issued by Crown Lands and registered as Title numbers 101197, 152109, 87810, 19262 and 96498.

The above described parcel is subject to all reservations, easements, rights-of-way as necessary and those required by law, conditions held in original Crown titles and all rights and privileges held in lands lawfully alienated from the Crown.

All bearings and coordinates being referenced to the meridian of 53° west longitude of zone 1 for the Modified 3° Transverse Mercator Projection (NAD 83).

Sch. 16/24