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Deep Panuke Project Regulations
made under Sections 4, 5, 6 and 40 of the
Pipeline Act
R.S.N.S. 1989, c. 345
and Section 12 of the
Energy Resources Conservation Act
R.S.N.S. 1989, c. 147
O.I.C. 2006-455 (October 27, 2006), N.S. Reg. 202/2006
The Governor in Council on the report and recommendation of the Minister of Energy dated October 13, 2006, pursuant to Sections 4, 5, 6 and 40 of Chapter 345 of the Revised Statutes of Nova Scotia, 1989, the Pipeline Act, and Section 12 of Chapter 147 of the Revised Statutes of Nova Scotia, 1989, the Energy Resources Conservation Act, is pleased, effective October 27, 2006, to
(a) withdraw from the application of the Pipeline Act or the regulations such Nova Scotia lands located in Nova Scotia and the Nova Scotia offshore area which may be required for any sales gas subsea pipeline from the Deep Panuke Project offshore production facility to connect to an onshore pipeline or other onshore facility or tie-in connection to the Sable Offshore Energy Project subsea pipeline, which subsea pipeline is regulated by the National Energy Board and the Canada-Nova Scotia Offshore Petroleum Board, subject to the purposes and conditions set out in the Order;
(b) order that effective October 27, 2006, and for so long thereafter as any subsea pipeline required for the Deep Panuke Project remains in place, the National Energy Board Act (Canada) and any regulations made thereunder are applicable to the Nova Scotia lands withdrawn under clause (a) and such enactment shall have the same force and effect as if enacted by the Legislature;
(c) order that effective October 27, 2006, and for so long thereafter as any subsea pipeline required for the Deep Panuke Project remains in place, the National Energy Board established by the National Energy Board Act (Canada) be granted jurisdiction over the regulation of any subsea pipeline on Nova Scotia lands withdrawn under clause (a), the said National Energy Board to have the same force and effect as if established by the Legislature;
(d) approve the terms and conditions of an agreement with the Government of Canada and other parties in the form set forth in Schedule “A” attached to and forming part of the Report and Recommendation, respecting the administration of Nova Scotia lands withdrawn under clause (a);
(e) order that the agreement under clause (d) shall have the same force and effect as if enacted by the Legislature and any board, agency or person referred to in the agreement shall be empowered to do all things necessary to effect the agreement; and
(f) authorize the Minister of Energy to sign the agreement referred to in clause (d) or one to like effect.