Regulations - Off-Highway Vehicles - Prohibition of Off-Highway Vehicle Use in Pockwock Lake Watershed Protected Water Area

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Prohibition of Off-Highway Vehicle Use in Pockwock Lake Watershed

Protected Water Area

made under Section 12F of the

Off-Highway Vehicles Act

R.S.N.S. 1989, c. 323

N.S. Reg. 275/2008 (May 20, 2008)

Whereas Section 12F of the Revised Statutes of Nova Scotia, 1989, the Off-Highway Vehicles Act provides:

       12F (1)    At the request of the water works operator for a drinking-water supply area, the Minister of Environment and Labour may, for the protection of water quality in the supply area, make an order, consistent with any applicable source-water protection plan, controlling, prohibiting or regulating off-highway vehicle use in the supply area.

                (2)    No person shall operate an off-highway vehicle in a drinking-water supply area contrary to an order made pursuant to subsection (1).

And whereas the Halifax Regional Water Commission (the “Commission”) is the waterworks operator responsible for ensuring that Halifax and surrounding areas have sustainable, safe drinking-water supplies. As part of the waterworks operator’s long-term drinking-water supply plan for the Pockwock Watershed, it was designated pursuant to Nova Scotia Reg. 12/1995 [N.S. Reg. 12/95], December 21, 1994 as a protected water area.

And whereas the Commission has requested that the Minister of Environment prohibit off-highway vehicle use in the Pockwock Lake Watershed Protected Water Area.

Therefore, I, Mark Parent, Minister of Environment for the Province of Nova Scotia, pursuant to Section 12F of the Revised Statutes of Nova Scotia, [1989,] the Off-Highway Vehicles Act, do hereby make the following Order:

No person shall operate an off-highway vehicle on or through the Pockwock Lake Watershed Protected Water Area as designated by N.S. Reg. 12/95, December, 21, 1994, without the written permission of the Commission. For the purpose of this Order “written permission” has the same meaning as provided for in clause 1A(1)(b) of the Off-Highway Vehicles General Regulations, N.S. Reg. 13/88. This Order does not apply to peace officers, as defined in the Off-Highway Vehicles Act, in the performance of their duties.

Dated and made at Halifax, Nova Scotia, 20 May, 2008.