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Newfoundland Regulation 1999
(Filed November 2, 1999)
Under the authority of section 32 of the Environmental Assessment Act, on the recommendation of the Minister of Environment and Labour, the Lieutenant-Governor in Council makes the following Order.
1. Short title
2. Permission to proceed
1. This Order may be cited as the Gisborne Lake Water Export Undertaking Order.
Permission to proceed
2. Under the provisions of the Environmental Assessment Act, the Gisborne Lake Water Export undertaking (the "Project), as proposed by MCCURDY ENTERPRISES LIMITED, is released from further environmental assessment subject to the terms and conditions set out in section 3.
3. MCCURDY ENTERPRISES LIMITED shall
(a) obtain the federal environmental approvals, licences, permits, certificates or other documents of authorization required by law in respect of the Project, before making an application, undertaking negotiations or obtaining a licence, permit, approval, certificate or other document of authorization issued under another Act or regulation of the province that applies to the Project;
(b) abide by all commitments made by MCCURDY ENTERPRISES LIMITED in the Environmental Impact Statement dated November, 1998 and the Environmental Impact Addendum dated July, 1999 unless one or more of the commitments, or a part of a commitment is specifically waived by the Minister of Environment and Labour;
(c) obtain and abide by the requirements of all licences, permits, approvals, certificates or other documents of authorization required by law;
(d) without limiting the generality of paragraph (c), prepare and abide by the requirements of environmental management plans for all phases of the Project, and those plans shall be submitted for the approval of the Minister of Environment and Labour before the commencement of an activity that is the subject of or is associated with those plans, including the following:
(i) water management plans, including
(A) water withdrawals,
(B) water inflows,
(C) water releases, and
(D) acid rock drainage,
(ii) environmental effects monitoring plans,
(iii) environmental protection plans,
(iv) contingency plans,
(v) construction plans,
(vi) rehabilitation plans, and
(vii) decommissioning plans;
(e) accept the responsibility to rectify any and all water related environmental and other resource related problems that may arise during the construction, operation or decommissioning of the Project; and
(f) reimburse the Department of Environment and Labour for the province’s cost of the environmental assessment of the Project and the incremental costs that the province will incur with respect to the monitoring of all phases of the Project, including site surveillance, compliance and environmental effects monitoring.
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