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Eigg Mountain-James River Wilderness Area Designation

made under subsection 11(3) of the

Wilderness Areas Protection Act

S.N.S. 1998, c. 27

O.I.C. 2005-165 (April 22, 2005), N.S. Reg. 92/2005

as amended to O.I.C. 2015-195 (June 16, 2015), N.S. Reg. 253/2015


Order approved by O.I.C. 2005-165

I hereby designate as a wilderness area pursuant to clause 11(3)(a) of Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, an area of land which shall be known as Eigg Mountain-James River Wilderness Area, the approximate boundary of which is shown on the map attached as Appendix “B”. The actual boundary of Eigg Mountain-James River Wilderness Area shall be described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Lands Record Centre, the signed description and plan forming part of the designation. The designation shall take effect on the date the signed description and plan are deposited in the Provincial Crown Lands Record Centre.

 

Signed: K. Morash

Honourable Kerry Morash

Minister of Environment and Labour


Dated and signed at Halifax, Nova Scotia

March 31, 2005.



Appendix “B”

Map Showing Approximate Boundaries of

Eigg Mountain-James River Wilderness Area


Map of original Eigg Mountain Wilderness Area.gif



Order approved by O.I.C. 2005-536

Pursuant to clause 11(3)(c) of Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, I hereby designate certain lands as an addition to Eigg Mountain-James River Wilderness Area, which was designated under O.I.C. 2005-165[, N.S. Reg. 92/2005,] on April 22, 2005. The additional lands hereby designated, together with the lands previously designated under O.I.C. 2005-165, are described in Appendix “A” and shown as “Town of Antigonish: James River Watershed Lands (1340 ha +)”, and “Eigg Mountain-James River Wilderness Area (4130 ha +)”, on Town of Antigonish: James River Watershed Lands - Addition to Eigg Mountain-James River Wilderness Area, attached as Appendix “B”. The written consent of the landowner for the designation of these additional lands is attached as Appendix “C”. All appendices attached hereto form part of the designation. The designation shall take effect on the date the signed description and plan are deposited in the Provincial Crown Lands Record Centre.

 

Sgd: K. Morash

Signed: Kerry Morash

Minister of Environment and Labour


Dated and signed at Halifax, Nova Scotia

November 8th 2005.



Appendix “A”

Eigg Mountain-James River Wilderness Area


ALL that certain tract of land and land covered by water shown outlined in bold line and identified as either “Town of Antigonish (See Note)” or “Wilderness Area” shown on Field Plot P-050/05, entitled Eigg Mountain-James River Wilderness Area, filed at the Crown Lands Records Centre, Department of Natural Resources Office at Halifax, under C.L.R. E-21-32, said tract of land located at James River, Antigonish County, Province of Nova Scotia.


CONTAINING an approximate total area of 5470 hectares.


Appendix “B”

Town of Antigonish: James River Watershed Lands -

Addition to Eigg Mountain-James River Wilderness Area


Map of December 2005 addition to Eigg Mountain Wilderness Area



Appendix “C” - Consent to Designation of Certain Lands Owned by

the Town of Antigonish as an Addition to Eigg

Mountain-James River Wilderness Area


Town of Antigonish

274 Main Street

Antigonish, N.S.

B2G 2C4


July 18, 2005


Honourable Kerry Morash

Minister of Environment and Labour

PO Box 697, 5151 Terminal Road, 6th floor

Halifax, Nova Scotia

B3J 2T8

 

RE:Consent to the Designation Under the Wilderness Areas Protection Act, S.N.S. 1998,

c. 27 of Certain Lands Owned by the Town of Antigonish


Dear Minister Morash:


WHEREAS the Town of Antigonish (the “Town”) is the operator of the James River Water Treatment Plant and associated infrastructure, including dam and impoundment;


AND WHEREAS the Town is the waterworks operator responsible for protection of the James River Watershed Protected Water Area, under Section 106 of the Environment Act;


AND WHEREAS the Town has the responsibility for planning for future capacity and viability of its water supply, including the possibility of creating a second dam and impoundment and utilizing or expanding the water works infrastructure in order to generate and distribute hydro-electricity;


AND WHEREAS the Town has acquired a significant amount of land within the James River Watershed in order to protect, manage, and develop its water supply;


AND WHEREAS the Town is of the opinion that, under specific terms and conditions, designation under the Wilderness Areas Protection Act of certain Town-owned lands within and surrounding the James River Watershed as part of the Eigg Mountain-James River Wilderness Area is compatible with the Town’s interests in protection and management of the James River Watershed for the purposes of supplying water to the Town;


THEREFORE the Town hereby grants its consent, subject to the terms and conditions attached hereto as Schedule “A”, to the designation by the Province of Nova Scotia, as represented by the Minister of Environment and Labour, of the lands described in Schedules “B” and “C” attached hereto and consisting of properties referenced by Property Identification Numbers (PIDs) 01208198 (324 +/- ha), 01241264 (243 +/- ha), 01241256 (162 +/- ha), 01241223 (97 +/- ha), 01304922 (49 +/- ha), 01241231 (231 +/- ha), 01241249 (27 +/- ha), 10010346 (32 +/- ha), 10007078 (0.3 ha), 01200328 (16 +/- ha), 10069193 (21 +/- ha), 01200344 (43 +/- ha), 01200336 (88 +/- ha), 01297829 (4 +/- ha), 10036028, (4 +/- ha), and 10036036 (20 +/- ha) as Wilderness Area pursuant to clause 11(3)(c) of the Wilderness Areas Protection Act, S.N.S. 1998, C. 27, said Wilderness Area to be added to, and to be known as part of, Eigg Mountain-James River Wilderness Area, designated under Order in Council 2005-165 on March 31, 2005, all schedules attached hereto forming part of the consent.


Signed,


July 15, 2005                                                  sgd: E. Kathleen Chisholm

Date                                                                For the Town of Antigonish

 

July 15, 2005                                                  sgd: Brian R. MacNeil

Date                                                                For the Town of Antigonish



Schedule “A”


Terms and Conditions for the Town of Antigonish’s Consent to the Designation by the Province of Nova Scotia, as represented by the Minister of Environment and Labour, of Certain Town-owned Lands Pursuant to clause 11(3)(c) of the Wilderness Areas Protection Act, S.N.S. 1998, c. 27.

 

1.    The consent of the Town of Antigonish (“the Town”) to the designation of lands under the Wilderness Areas Protection Act is granted only for the properties described in Schedules “B”   and “C” (the “designated Town lands”), and referenced by Property Identification Numbers (PIDs) 01208198 (324 +/- ha), 01241264 (243 +/- ha), 01241256 (162 +/- ha), 01241223 (97 +/- ha), 01304922 (49 +/- ha), 01241231 (231 +/- ha), 01241249 (27 +/- ha), 10010346 (32 +/- ha), 10007078 (0.3 ha), 01200328 (16 +/- ha), 10069193 (21 +/- ha), 01200344 (43 +/- ha), 01200336 (88 +/- ha), 01297829 (4 +/- ha), 10036028 (4 +/- ha), and 10036036 (20 +/- ha).

 

2.    The Town’s consent is subject to the provisions of the James River Watershed Protected Water Area Designation and Regulations, NS Reg. 218/88, made under subsections 106(5) and (6) of the Environment Act, S.N.S. 1994-95, c. 1, which prohibit or regulate certain activities in the James River Watershed 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.

 

3.    The Town’s consent is granted for a period of five (5) years beginning on July 15, 2005, and shall be automatically renewed on July 15, 2010, for a further five (5) year period, and on July 15, 2015, 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 and Labour (“the Minister”) will undertake the actions necessary under the Wilderness Areas Protection Act to revoke the designation within a reasonable time.

 

4A. 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.

 

4B.  To exercise the right in Section 4A, 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.

 

4C.  In the absence of the Minister receiving express written notice from the Town, any aforementioned regulation, management plan, or activity shall apply to or be allowed to occur on the designated Town lands in the same manner as in the remainder of the Eigg Mountain-James River Wilderness Area.

 

4D. 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. 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.

 

5.    Notwithstanding anything in the Act, but subject to any other applicable statute or regulation, the Town reserves the right to undertake such activities and developments as are reasonably necessary for the development, operation, maintenance, expansion, restoration, repair, or dismantling ofthe Town’s municipal water supply, including, but not limited to

 

                (a)    forestry operations for the purpose of watershed protection;

 

                (b)    the creation of fire ponds for the purpose of fire fighting capability and to carry out other fire prevention activities;

 

                (c)    the construction of a second reservoir impoundment area, including a dam and other reservoir-related infrastructure, water pipelines and roadways needed for maintenance and/or construction activities; and

 

                (d)    the construction of hydro-electric power generation and related infrastructure, including power transmission lines, as well as roadways needed for maintenance and/or construction activities.

 

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.

 

6.    The Town may post signs upon posts 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 James River Watershed Protected Water Area.

 

7.    The Town may use motorized vehicles, including all-terrain vehicles (ATVs) and snowmobiles on existing roadways on the designated Town lands, for the sole purpose of maintaining and protecting the James River Watershed.

 

8.    The Town may operate motorized boats on watercourses on the designated Town lands for the sole purpose of maintaining and protecting the James River Watershed.

 

9.    The Town may blaze the boundaries of the James River Watershed Protected Water Area as necessary, to maintain the boundaries, including marking, blazing and cutting of trees.

 

10.  The Town may carry out such activities on the designated Town lands as are required in an 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.

 

11.  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.

 

12.  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 James River Watershed Protected Water Area.

 

13.  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 Eigg Mountain-James River Wilderness Area.



Schedule “B”


[The documents in Schedule “B” of Appendix “C” to the order approved by O.I.C. 2005-536 are not available in this format. For a hard copy of these documents, contact the Office of the Registrar of Regulations.]


Schedule “C”


[The documents in Schedule “C” of Appendix “C” to the order approved by O.I.C. 2005-536 are not available in this format. For a hard copy of these documents, contact the Office of the Registrar of Regulations.]



Order approved by O.I.C. 2015-195

I, Randy Delorey, Minister of Environment for the Province of Nova Scotia, pursuant to clause 11(3)(b) of Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land at Eigg Mountain, Antigonish and Pictou Counties, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Eigg Mountain-James River Wilderness Area, designated by the Minister of Environment and Labour and approved by the Governor in Council by Order in Council 2005-165 dated April 22, 2005, N.S. Reg. 92/2005.


The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Land Records Centre, the signed description and plan forming part of this designation.


This designation of additional land is effective on and after the later of the date it is approved by the Governor in Council and the date the signed boundary description and plan are deposited in the Provincial Crown Land Information Management Centre in accordance with subsection 11(3) of the Act.


Dated and made at Halifax Regional Municipality, Province of Nova Scotia, March 24, 2015.

 

sgd: Randy Delorey

Honourable Randy Delorey

Minister of Environment



Appendix A

Map Showing Approximate Boundaries of

Addition to Eigg Mountain-James River Wilderness Area

Map of 2015 addition to Eigg Mountain Wilderness Area.jpg