Regulations - Environment Act - Lake George Watershed Protected Water Area Designation

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Lake George Watershed Protected Water Area Designation

made under Section 106 of the

Environment Act

S.N.S. 1994-95, c. 1

N.S. Reg. 196/2006 (October 16, 2006)

Canada

Province of Nova Scotia

In the matter of:      the Environment Act, S.N.S. 1994-95, c. 1, S. 106

In the matter of:      the designation of an area surrounding Lake George, Yarmouth County, as a Protected Water Area, to be known as the “Lake George Watershed Protected Water Area”

Designation of the Lake George Watershed Protected Water Area

and the Making of Regulations with Respect Thereto

Whereas by order dated November 2, 1964, and published in the Royal Gazette [Part 1] on November 4, 1964, the Nova Scotia Water Authority defined and prescribed an area surrounding Lake George, Yarmouth County as the public water supply for the Town of Yarmouth;

And whereas subsections 106(4) and (5) of the Environment Act provide:

       (4)    When requested by an operator of a water works or proposed water works, the Minister may cancel a designation made pursuant to this section, in whole or in part.

       (5)    Any protected water area designated pursuant to the Water Act prior to the coming into force of this Act remains so designated;

And whereas the Town of Yarmouth Water Utility, operator of the Lake George Water Treatment Plant, has requested that the Minister of Environment and Labour cancel the November 2, 1964 designation;

And whereas Section 106 of Chapter 1 of the Acts of 1994-95, the Environment Act, provides for the designation by the Minister of Environment and Labour of a protected water area and the making of regulations under subsection (6) to prohibit, regulate or require the doing of any act or acts in a protected water area that may impair or prevent the impairment, as the case may be, of the quality of the water in the Protected Water Area;

And whereas the Town of Yarmouth Water Utility, operator of the Lake George Water Treatment Plant, has requested that the Minister of Environment and Labour designate the Lake George watershed as a Protected Water Area in order to protect the quality of the surface water and groundwater resource as a water supply;

And whereas the Town of Yarmouth Water Utility has provided opportunities for public consultation, including public meetings and the establishment of the Lake George Watershed Management Committee, an advisory committee comprising representatives of the Province of Nova Scotia, the Town of Yarmouth, members of the general public and landowners;

Therefore pursuant to Section 106 of Chapter 1 of the Acts of 1994-95, the Environment Act, the undersigned, Mark Parent, Minister of Environment and Labour hereby

       (a)    cancels the area defined and prescribed on November 2, 1964 and designates as a protected water area, to be known as the “Lake George Watershed Protected Water Area”, the area comprising the topographic drainage area surrounding Lake George and more fully described in Schedule “A”, which corresponds to the area designated as of May 12, 2005, as the Lake George Watershed Zone by the Municipality of the District of Yarmouth in its Municipal Planning Strategy and Land Use By-law effective March 20, 2001; and

       (b)    makes regulations respecting activity in the Lake George Watershed Protected Water Area, in the form set forth in Schedule “B”.

                                                                         Sgd.: Mark Parent

                                                                         Honourable Mark Parent

                                                                         Minister of Environment and Labour

Halifax, Nova Scotia Oct. 16, 2006

Schedule “A”

Lake George Watershed Protected Water Area Boundary Description

All and singular that certain lot, piece, parcel or tract of land and land covered by water located at or near Brenton, Yarmouth County, in the Municipality of the District of Yarmouth, Province of Nova Scotia, shown outlined in red on the attached Map “A” - Lake George Watershed Protected Water Area, dated May 12, 2005, prepared by the Town of Yarmouth and filed with the office of the Town Engineer.