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Chignecto Isthmus Wilderness Area Designation

made under Section 11 of the

Wilderness Areas Protection Act

S.N.S. 1998, c. 27

O.I.C. 2008-628 (December 2, 2008), N.S. Reg. 438/2008

 

[Please note: Effective March 21, 2017, this designation is amended by N.S. Reg. 39/2017]


Order approved by O.I.C. 2008-628

I, Mark Parent, Minister of Environment for the Province of Nova Scotia, pursuant to subsection 11(3) of Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of land as described in Schedule A to be known as the Chignecto Isthmus Wilderness Area, the approximate boundary of which is shown on the map attached as Schedule B.


The written consent to the designation of these lands has been granted by the owner, the Town of Amherst, on the terms and conditions set out in Schedule C. A copy of the written consent has been filed with the Department of Environment.


This designation is effective on and after the date of its approval by the Governor in Council.


Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 7, 2008

 

Sgd.: Mark Parent

Honourable Mark Parent

Minister of Environment



Schedule A


List and Description of Lands Owned by the Town of Amherst

and Included in the Designation of the Chignecto Isthmus Wilderness Area

pursuant to subsection 11(3) of Chapter 27 of the Acts of 1998,

the Wilderness Areas Protection Act

 

Part 1 of 2:      List of Lands by Property [Parcel] Identification Number (PID) Owned by the Town of Amherst and Included in the Designation of the Chignecto Isthmus Wilderness Area

 

Property 1

                         PID  25076167  173 hectares

                         PID  25332966  53 hectares

                         PID  25332974  40 hectares

 

Property 2

                         PID  25332958  98 hectares

 

Property 3

                         PID  25330028  57 hectares

                         PID  25330523  104 hectares

 

Property 4

                         PID  25098864  12 hectares

 

Property 5

                         PID  25361585  76 hectares

 

Property 6

                         PID  25098815  360 hectares


 

Part 2 of 2:      Description of Lands Owned by the Town of Amherst and Included in the Designation of the Chignecto Isthmus Wilderness Area


Parcel A


Parcel A is Zone I of the North Tyndal Protected Water Area, as described below, as well as all that certain lot of land being situate on the northwesterly side of lands of the Chignecto Ship Railway Company Limited where said Railway lands form a northwesterly boundary of Zone I of the North Tyndal Protected Water Area in Cumberland County, Nova Scotia and shown on a Plan of Survey of said Zone I prepared by Walter C. Rayworth, N.S.L.S. dated June 15th, 1992, the said lot of land being more particularly described as follows:


(Directions in the following are oriented to the Nova Scotia Co-ordinate Grid 3 deg. MTM Zone 5 Central Meridian 64 deg. 30 min. West Longitude.)


Beginning at a survey marker (shown on the said plan as No. 466) at the intersection of the northwesterly bounds of the land of the Chignecto Ship Railway Company Limited and the southwesterly bounds of lands formerly deeded to Claude Porter (deed recorded in the Cumberland Land Registry Office in Book 221 at Page 277);


Thence from the place of beginning 228 deg. 43 min. 03 sec. a distance of 477.261 metres along the said northwesterly bounds of the lands of the Chignecto Ship Railway Company Limited to a survey marker (shown on the said plan as No. 467);


Thence 31 deg. 30 min. along the southeasterly bounds of lands formerly deeded to Claude and Audrey Porter (deed recorded in Book 507 at Page 1079) and along Crown Land (conveyed to the Crown by Crown Document No. 492) and again along the said lands formerly of Claude and Audrey Porter a total distance of 456.326 metres to a survey marker (shown on the said plan as No. 463);


Thence 121 deg. 41 min. 00 sec. a distance of 141.27 metres along the aforesaid bounds of lands formerly of Claude Porter to the place of beginning;


The above described lot of land containing 3.223 hectares and being the “Second” lot of land deeded to the Town of Amherst by deed recorded in Book 611 at Page 710; and


Being and intended to be that portion of Property [Parcel] Identification Number (PID) 25332958 which is not included in the aforementioned Zone 1 of the North Tyndal Protected Water Area.


Zone I of the North Tyndal Protected Water Area

(portion of Parcel A)


Exterior Boundary


Shown as Zone 1 on a Sketch Showing The North Tyndal Protected Water Area prepared by Rayworth & Roberts Surveys Ltd., dated August 19, A.D., 1992.


(Directions in the following are oriented to the N.S. Co-ordinate Grid, 3o MTM Zone 5 Central Meridian 64o 30' West Longitude.)


Beginning at a survey marker on the westerly bounds of Highway Route No. 366 (the Tyndal Road), said marker being 22o 56' 24" a distance of 1053.193 metres from N.S. Co-ordinate Monument #13380;


Thence 297o 44' 15" a distance of 433.279 metres along the northeasterly sideline of lands of J.D. Irving Ltd. deed recorded Book 222 Page 135 (first parcel) to a survey marker;


Thence 210o 18' 40" a distance of 629.395 metres along the westerly or rear bounds of said Irving property, (said boundary being known as “The Town Line”), to a survey marker;


Thence 301o 51' 10" a distance of 1137.512 metres along the northerly sideline of lands of J.D. Irving Ltd. deed recorded Book 200 Page 442 (2nd Parcel), (said sideline lying next to and easterly of the Irving Access Road running from the Tyndal Road to Long Lake), to a survey marker;


Thence 301o 50' 08" a distance of 1143.248 metres along said Irving property and said Access Road to a survey marker;


Thence 31o 30' 00" a distance of 797.041 metres along the southeasterly boundary of Crown land and lands of Claude and Audrey Porter to a survey marker;


Thence 48o 43' 03" a distance of 1796.247 metres along the southerly bounds of lands of the Chignecto Ship Railway Company Limited to a survey marker;


Thence 119o 32' 55" a distance of 718.401 metres along the southerly sideline of the lands of George and Minerva Holton to a survey marker on the Spectacle Plain;


Thence 30o 48' 21" a distance of 42.457 metres along the easterly bounds of said Holton property to a second survey marker on the Spectacle Plain;


Thence 121o 16' 38" a distance of 530.409 metres along the southerly sideline of the lands of Walter E. Curry to a survey marker;


Thence 122o 32' 50" a distance of 267.585 metres along said Curry sideline to a survey marker;


Thence 123o 52' 00" a distance of 167.72 metres along said Curry sideline to a survey marker;


Thence 30o 41' 00" a distance of 141.68 metres along the easterly bounds of said Walter E. Curry land, following The Town Line to a survey marker;


Thence 26o 35' 00" a distance of 71.90 metres along the easterly bounds of lands of Barbara Hashey, following The Town Line to a survey marker;


Thence 21o 22' 00" a distance of 70.148 metres along the easterly bounds of lands of the Town of Amherst, following The Town Line to a survey marker;


Thence 25o 34' a distance of 92.798 metres along the easterly bounds of property of Douglas and Goldie Thompson, following The Town Line to a survey marker;


Thence 117o 35' 26" a distance of 275.969 metres following a blazed line crossing lands of J.D. Irving Ltd. deed recorded Book 496 Page 521 to a survey marker;


Thence southwesterly following the westerly bounds of the Tyndal Road a calculated tie line bearing and distance of 205o 35' 23" 2331.828 metres to the place of beginning.


Parcel B


Parcel B is land acquired from Kimberly Clark Worldwide, Inc. by the Town of Amherst and more particularly described as follows:


All and singular that certain lot, piece or parcel of land situate, lying and being northwest of Highway No. 366 and northeast of Round Lake, in the Tyndal Marsh, in the County of Cumberland, Province of Nova Scotia, said parcel being more particularly described as follows:


Beginning at a northeast corner of the herein described parcel, which point being marked by survey marker no. 2617;


Thence on a bearing of North 35 degrees, 15 minutes West (Mag. 1974), a distance of 57.27 chains, along the Southwest boundary of land, now or formerly, of William Nicolle, to survey marker no. 2611 in the Southeast boundary of the abandoned Ship Railway;


Thence northeasterly, crossing the said abandoned Ship Railway, to survey marker no. 2612 in the northwest boundary of the said Railway, which marker being on a bearing of North 63 degrees, 20 minutes East (Mag. 1974), a distance of 13.75 chains from the last mentioned survey marker;


Thence on a bearing of North 37 degrees, 45 minutes West (Mag. 1974), a distance of 114.45 chains, along the Southwest boundary of land, now or formerly, of Bragg Lumber Co. Ltd., to a survey marker no. 2613;


Thence on a bearing of South 53 degrees, 10 minutes West (Mag. 1974), a distance of 41.92 chains, along the Middle Road Baseline, so-called, to survey marker no. 2614;


Thence on a bearing of South 51 degrees, 00 minutes West (Mag. 1974), a distance of 18.95 chains, along the said Baseline, to survey marker no. 2621;


Thence on a bearing of South 34 degrees, 50 minutes East (Mag. 1974), a distance of 120.30 chains, along the northeast boundary of land, now or formerly, of Eldon Goodwin and land of Roderick Davidson, respectively, and crossing the abovementioned abandoned Ship Railway, to survey marker no. 2620;


Thence on a bearing of North 52 degrees, 20 minutes East (Mag. 1974), a distance of 23.04 chains, along the northwest boundary of land, now or formerly, of Douglas and Goldie Thompson, to survey marker no. 2619;


Thence on a bearing of South 34 degrees, 05 minutes East (Mag. 1974), a distance of 49.95 chains, along the northeast boundary of land of the said Thompsons, to survey marker no. 2618;


Thence on a bearing of North 50 degrees, 00 minutes East (Mag. 1974), a distance of 30.83 chains, along the northwest boundary of land, now or formerly, of J.D. Irving Limited, to the point of beginning;


An area containing 890 acres, more or less;


Saving and excepting from the above described parcel all land now or formerly being owned by The Chignecto Ship Railway Company Limited;


Being and intended to be the portion of the land as acquired by Scott Paper Company from A.E. Mundle & Company Limited (In Liquidation) by an Indenture dated February 11, 1969 and recorded in the Office of the Registrar of Deeds for Cumberland County in Book 256, at Page 537;


Also being and intended to be portion of the land owned by Scott Worldwide, Inc. at the time of a merger into Kimberly-Clark Worldwide, Inc., as evidenced by a certificate of Agreement of Merger dated November 19, 1996 and as recorded in the Office of the Registrar of Deeds for Cumberland County on February 17, 1997, in Book 660, at Page 167.


Schedule B


Map Showing Approximate Boundaries of Chignecto Isthmus Wilderness Area


Map Showing Approximate Boundaries of Chignecto Isthmus Wilderness Area


Schedule C


Terms and Conditions of the Consent by the Town of Amherst

to the Designation of Certain Lands Owned by the Town of Amherst

as the Chignecto Isthmus Wilderness Area

pursuant to subsection 11(3) of Chapter 27 of the Acts of 1998,

the Wilderness Areas Protection Act

 

1.    The consent of the Town of Amherst (“the Town”) to the designation of lands under the Wilderness Areas Protection Act is granted only for the properties described in Schedule A (the “designated Town lands”), and referenced by Property [Parcel] Identification Numbers (PIDs):

 

                PID  25076167

                PID  25332966

                PID  25332974

                PID  25332958

                PID  25330028

                PID  25330523

PID25098864

PID25361585

PID25098815

 

2.    The Town’s consent is subject to the provisions of the North Tyndal Protected Water Area designation and regulations, N.S. Reg. 200/92, made under subsections 106(5) and (6) of the Environment Act, S.N.S. 1994-95, c. 1, and any amendments to those regulations, which prohibit or regulate certain activities in the North Tyndal Protected Water Area. Furthermore, for greater certainty, the provisions of the aforementioned regulations will continue to apply on the Town lands, even where activities so prohibited or regulated would otherwise be permitted under the Wilderness Areas Protection Act.

 

2A. The Town’s consent is granted for a period of five (5) years beginning on July 1, 2008, and shall be automatically renewed on July 1, 2013, for a further five (5) year period, and on July 1, 2018 shall be automatically granted in perpetuity, unless, at least 180 days prior to a renewal date, the Town provides notice in writing to the Minister that it intends to revoke its consent respecting some or all of the designated Town lands, or wishes to renegotiate the terms and conditions of its consent respecting some or all of the designated Town lands. The Town’s consent is granted under the further condition that, in the event that the Town gives timely notice prior to one of the two renewal dates that it intends to revoke its consent respecting some or all of the designated Town lands, the Minister of Environment (“Minister”) will undertake the actions necessary under the Wilderness Area Protection Act to revoke the designation within a reasonable time.

 

3A. The Town reserves the right to decide, at any time, whether and to what extent

 

       i)      regulations made pursuant to Section 39 of the Wilderness Areas Protection Act shall apply to the designated Town lands;

 

       ii)     management plans made pursuant to Section 15 of the Wilderness Areas Protection Act shall apply to the designated Town lands; and

 

       iii)    activities authorized under Sections 19, 20, 21, 22, 23, 24, and 26 of the Wilderness Areas Protection Act shall apply to or be permitted to occur on the designated Town lands.

 

3B.  To exercise the right reserved in Section 3A of this Schedule, the Town shall provide written notice to the Minister requesting that a regulation or management plan or provision thereof not apply to, or an activity otherwise permitted to occur under the Wilderness Areas Protection Act not be permitted to occur on, the designated Town lands. Upon receipt of said notice, the Minister shall take all necessary steps to ensure the Town’s request is granted within a reasonable period of time.

 

Where such a request has been previously granted, the Town may at any time, by providing written notice to the Minister, request that its earlier request be revoked, and the Minister shall take all necessary steps to ensure the Town’s earlier request is revoked within a reasonable period of time.

 

3C.  In the absence of the Minister receiving express written notice from the Town, any aforementioned regulation or activity shall apply to or be allowed to occur on the designated Town lands in the same manner as in other wilderness areas designated under the Act, and any management plan completed for the Chignecto Isthmus Wilderness Area shall apply to the designated Town lands in the same manner as to the remainder of the Chignecto Isthmus Wilderness Area.

 

3D. The Minister shall provide written notice to the Town of any regulations made or intended to be made pursuant to Section 39 and management plans made or intended to be made pursuant to Section 15 of the Wilderness Areas Protection Act. Any such regulations or management plans shall take effect on the designated Town lands 180 days following the provision of such notice, except where the Town provides its written consent to an earlier application date, or the Town provides written notice of its objection to the application of these regulations or management plans to some or all of the designated Town lands.

 

4.    Notwithstanding anything in the Act, but subject to any other applicable statute or regulation, the Town reserves the right to undertake on the designated Town lands such activities and developments as are reasonably necessary for the development, operation, maintenance, expansion, restoration, repair, or dismantling of the Town’s municipal water supply, including, but not limited to, the expansion of water production, distribution, and treatment capacity through the building of new access roads, drilling of new wells, and construction or installation of any necessary associated infrastructure.

 

Prior to exercising any of the above-mentioned rights, the Town agrees to inform and consult with the Minister regarding its intentions for the designated Town lands.

 

5.    The Town may post signs at intervals along the boundary of the designated Town lands as required to enable the Town to meet its obligations under the Environment Act with respect to the North Tyndal Protected Water Area.

 

6.    The Town may blaze the zone boundaries of the North Tyndal Protected Water Area as necessary to maintain the boundaries, including marking, blazing and cutting of trees.

 

7.    The Town may carry out such activities on the designated Town lands as are required in a waterworks-related emergency situation, in order to fulfill their obligations as waterworks operator, provided that care is taken to have the least environmental impact possible in the circumstances and that efforts are made to inform and consult with the Minister as soon as possible.

 

8.    The Town may use motorized and non-motorized vehicles, including all-terrain vehicles (ATVs), snowmobiles, and bicycles, on existing and future roadways on the designated Town lands, for the purpose of maintaining and protecting the North Tyndal Protected Water Area and for exercising the rights reserved in Sections 4, 5, 6, and 7 of this Schedule.

 

9.    The Town reserves the right to disallow public access to the designated Town lands for any reason, including, but not limited to, concerns regarding the health and safety of people or the water supply,

wildlife, forests, watercourses, or occupiers’ liability, and undertakes to provide public notice thereof through erection of signage, fencing, or other appropriate means.

 

10.  The Town hereby agrees to at all times indemnify and save harmless Her Majesty the Queen in right of the Province of Nova Scotia and the Minister from and against all claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings by whomever made, sustained, brought, or prosecuted in any manner based upon, occasioned by, arising out of, or attributable in any way to the performance or purported performance of the Town, its servants, agents, or independent contractors, of the Town’s obligations and activities to protect and maintain the North Tyndal Protected Water Area.

 

11.  The Town’s consent is granted on the condition that the Province shall at all times indemnify and save harmless the Town from and against all claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings by whomever made, sustained, brought, or prosecuted in any manner based upon, occasioned by, arising out of, or attributable in any way to the performance or purported performance of the Province, its servants, agents, or independent contractors of the Province’s obligations and activities to protect and manage the Chignecto Isthmus Wilderness Area.