| This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. |
| Regulations are amended frequently.
Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. |
| Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. |
| This electronic version is copyright ©
, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form. |
Bennery Lake Watershed Protected Water Area Regulations
made under subsection 106(6) of the
Environment Act
S.N.S. 1994-95, c. 1
N.S. Reg. 211/2003 (effective December 4, 2003)
amended to N.S. Reg. 26/2013 (effective January 24, 2013)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Interpretation
Restricted activities
Public notification
Fire restrictions
Forestry operations
Road construction and maintenance restrictions
Water course or wetland alteration
Roads and stream crossings
Pest control products
On-site sewage disposal systems
Prohibition on release of substance
Prohibition on landfills
Easement restriction
Stormwater management
Erosion and sediment control
Vegetation removal restrictions
Watercourse setbacks and buffers
Consultation with the Committee
Citation
1 These regulations may be cited as the Bennery Lake Watershed Protected Water Area
Regulations.
Interpretation
2 In these regulations,
“Act” means the Environment Act;
“certified forest technician” means a person who is a certified member in good
standing of the Nova Scotia Forest Technicians Association;
“Committee” means the Bennery Lake Watershed Management Committee;
“developer” means a person who develops or proposes to develop land and
includes any agent or contractor who works for the developer;
“development” means any disturbance of land for purposes of constructing a
roadway, residential dwelling, commercial establishment, recreation area or
parkland;
“forestry operation” means any activity related to the use of a forest for producing
timber, wood fibre or Christmas trees, including all of the following activities:
(i) forest management planning,
(ii) silviculture,
(iii) harvesting,
(iv) protection,
(v) road construction,
(vi) operating, storing and using equipment and supplies used in any aspect
of the activity;
“grab sample” means a sample that represents only the composition of the source
of the sample at the particular time and place the sample is collected;
“grubbing” means removing vegetation and organic material to expose bare soil;
“landfill” means an area where solid waste is buried or, in a low-lying area, used as
fill;
“Protected Water Area” means the land and water designated by the Minister
under subsection 106(1) of the Act as the Bennery Lake Watershed Protected
Water Area, as described in Schedule “A” to the designation;
“registered professional forester” means a registered member in good standing of
the Registered Professional Foresters Association of Nova Scotia;
“road salt” means any de-icing agent that is applied to a road for the purpose of
winter road maintenance;
“sulphide-bearing material” has the same meaning as set out in clause 2(o) of the
Sulphide Bearing Material Disposal Regulations made under the Act;
“vegetation” means any living plant or tree growth;
“vehicle” means any vehicle propelled or driven otherwise than by muscular
power, whether or not the vehicle is registered under the Motor Vehicle Act;
“vessel” means a means of conveyance of a kind used on water and includes any
accessory to the vessel;
“Water Works Operator” means the Halifax Regional Water Commission,
operator of the Bennery Lake Water Treatment Plant, and its successors and
assigns.
Restricted activities
3 (1) No person is permitted to swim, bathe, wash, or cut ice at any time in Bennery
Lake or any other watercourse within the Protected Water Area.
(2) No person is permitted to fish from the shoreline of or in Bennery Lake or any
watercourse within the Protected Water Area.
(3) No person is permitted to wash a vehicle or vessel in any watercourse or within 60
m of the shoreline or bank of any watercourse within the Protected Water Area.
(4) No person is permitted to, at any time, operate a vehicle or vessel of any kind, on,
through or over Bennery Lake or any watercourse in the Protected Water Area,
unless authorized by the Water Works Operator.
(5) No person is permitted to fill a gasoline tank or transfer any liquid fuel from tank
to tank on or within 100 m of the shoreline or bank of Bennery Lake or any
watercourse within the Protected Water Area, except for the purpose of operating
the Bennery Lake Water Treatment Plant or a purpose reasonably incidental to the
maintenance of private property.
(6) Except as provided in subsection (7), no person is permitted to operate a vehicle
within the Protected Water Area, unless authorized by the Water Works Operator.
(7) Subsection (6) does not apply to
(a) a landowner accessing or maintaining their own land within the Protected
Water Area; or
(b) the operation of a vehicle on a highway, as defined in the Public Highways
Act, within the Protected Water Area.
(8) No person is permitted to construct or install a dock or wharf on any watercourse
within the Protected Water Area, unless authorized in writing by the Water Works
Operator.
Public notification
4 (1) The Water Works Operator must post signs around the perimeter of the Protected
Water Area to provide notice to the general public of the designation of the
Protected Water Area.
(2) The Water Works Operator must replace any signs posted under subsection (1)
that have been damaged or removed.
(3) The Water Works Operator must take reasonable measures to advertise and
provide notice to the general public of these regulations.
(4) No person is permitted to remove or alter any sign, notice or advertisement posted
pursuant to this Section.
Fire restrictions
5 (1) No person is permitted to set, start, maintain or be responsible for an open fire in
the Protected Water Area except for an open fire in a barbecue or fireplace
designed for cooking purposes at a residential dwelling.
(2) Despite subsection (1), during the period from April 15 to October 15 of each year,
a person may set, start, maintain or be responsible for a fire in the Protected Water
Area if
(a) the person has a valid permit to burn issued pursuant to the Forest Fire
Protection Regulations made under the Forests Act;
(b) the person complies with the permit to burn and the Forest Fire Protection
Regulations; and
(c) the person complies with all the requirements of Halifax Regional
Municipality By-law Number O-103, the Open Air Burning By-law.
Forestry operations
6 (1) No person is permitted to undertake a forestry operation within the Protected
Water Area unless the operation is conducted pursuant to a forest management
plan that
(a) is prepared by a registered professional forester or certified forest technician in
accordance with the objectives and policies approved by the Committee;
(b) does not permit any forestry operation within 100 m of Bennery Lake or
within 30 m of any watercourse within the Protected Water Area;
(c) has as its primary objective the protection of the watershed and any
watercourse therein, particularly with respect to impacts related to disruption
of acid slate or sulphide bearing materials;
(d) is submitted to the Water Works Operator for review at least 30 days before
the proposed start of the activity; and
(e) is approved in writing by the Water Works Operator before the activity is
started.
(2) A forestry operation within the Protected Water Area must be conducted in
accordance with the Wildlife Habitat and Watercourses Protection Regulations
made under the Forests Act and the “Forest/Wildlife Guidelines and Standards for
Nova Scotia” issued by the Department of Natural Resources, or its successor
document or code of practice, as amended from time to time.
Road construction and maintenance restrictions
7 (1) No person is permitted to undertake construction of any road or driveway within
the Protected Water Area unless
(a) an application for approval and a map of the planned location is submitted to
the Water Works Operator for review at least 30 days before the proposed
start of construction;
(b) the proposed construction is approved in writing by the Water Works
Operator before construction starts; and
(c) construction is carried out between June 1 and September 30, inclusive, in
any year.
(2) A person who is responsible for a road constructed under subsection (1) must
maintain and repair the road.
(3) No person is permitted to expose at any one time more than 1900 square metres of
roadway subbase in the Protected Water Area.
(4) No person is permitted to expose at any one time more than 1000 square metres of
roadway subbase in the Protected Water Area if sulphide bearing or acid slate
materials are present in the subbase.
(5) No person is permitted to apply road salt on any roads or driveways within the
Protected Water Area.
Water course or wetland alteration
8 (1) No person is permitted to construct a bridge or culvert or otherwise alter a
watercourse or wetland within the Protected Water Area without first obtaining
(a) written approval from the Water Works Operator; and
(b) an approval from the Department.
(2) An owner, operator or person responsible for a bridge or culvert approved under
subsection (1)
(a) must maintain and repair the bridge or culvert; and
(b) is not permitted to remove the bridge or culvert without first obtaining an
approval from the Department and providing written notice to the Water
Works Operator.
Roads and stream crossings
9 The construction of a forest access or wood lot road, stream crossing, culvert or other
watercourse alteration within the Protected Water Area must be in accordance with the
Wildlife Habitat and Watercourses Protection Regulations made under the Forests Act
and the publication “Wood Lot Roads, Stream Crossings” issued by the Department of
Natural Resources, or its successor document or code of practice, as amended from time
to time.
Pest control products
10 No person is permitted to use a pest control product within the Protected Water Area
unless the use is related to the operation of the Bennery Lake Water Treatment Plant and
carried out under the supervision of the Bennery Lake Water Treatment Plant Supervisor.
On-site sewage disposal systems
11 (1) No person is permitted to install an on-site sewage disposal system within the
Protected Water Area without first obtaining an approval from the Department.
(2) No person is permitted to construct or install or cause the construction or
installation of an on-site sewage disposal system contrary to the On-site Sewage
Disposal Systems Regulations, made under the Act, and the terms and conditions
of an approval issued by the Department.
Prohibition on release of substance
12 (1) No person is permitted to release or cause or permit the release of oil, petroleum
products, soap, detergent, toxic chemicals, pest control product waste, garbage,
litter, solid or liquid waste, sulphide bearing or acidic slate materials, or any other
material that causes or may cause an adverse effect within the Protected Water
Area.
(2) A person who is using mechanical equipment or transporting gasoline or oil within
the Protected Water Area is not permitted to release, and must take precautions to
prevent the release of, a petroleum product onto the ground or into a watercourse
or the runoff from the area.
Prohibition on landfills
13 No person is permitted to establish a dump, landfill, waste disposal site or disposal site
for sulphide bearing or acidic slate materials, or any other type of material that may
threaten the safety of the water supply, within the Protected Water Area.
Easement restriction
14 No person is permitted to construct a road, pipeline, railway, telephone line, power line or
other similar development or grant an easement on, over or across the Protected Water
Area, without first obtaining the written approval of the Water Works Operator.
Stormwater management
15 No developer is permitted to commence any development unless the development is
conducted according to a Stormwater Control Plan that is
(a) prepared by a professional engineer; and
(b) approved in advance by the Water Works Operator in consultation with the
Department.
Erosion and sediment control
16 (1) No person is permitted to authorize or commence an operation to extract peat,
gravel, rock or minerals within the Protected Water Area.
(2) No person is permitted to undertake an activity that causes or might cause soil
erosion resulting in sedimentation of a watercourse located within the Protected
Water Area.
(3) No owner, occupier, contractor or person responsible for a construction operation
or an activity within the Protected Water Area requiring grubbing or earth moving
that would expose more than 200 m2 of subbase at any time is permitted to
proceed unless they have
(a) developed an erosion and sedimentation control plan as described in the
“Erosion and Sedimentation Control Handbook for Construction Sites”,
published by the Department or its successor document or code of practice;
and
(b) obtained prior written approval from the Water Works Operator.
(4) No person is permitted to release water that has a suspended solid concentration
greater than 25 mg/L in a grab sample from any area within the Protected Water
Area.
(5) No person is permitted to conduct landscaping activities that require earth
exposure or removal within the Protected Water Area except between May 1 and
October 31, inclusive, in any year.
17 If sedimentation occurs in a watercourse within the Protected Water Area, an operator or
person responsible for the sedimentation must undertake immediate action to install
erosion and sediment control measures, and immediately notify the Water Works
Operator.
Vegetation removal restrictions
18 (1) No person is permitted to alter or remove vegetation within 100 m of Bennery
Lake or within 30 m of any watercourse or wetland within the Protected Water
Area unless such alteration or removal is
(a) approved in advance by the Water Works Operator; or
(b) related to the operation of the Bennery Lake Water Treatment System and
following consultation with the Committee.
(2) No person is permitted to alter or remove vegetation within 15 m of any
watercourse or wetland located on lands zoned AE-4 (Aerotech Business) under
the Halifax Regional Municipality Land Use By-law for Shubenacadie Lakes
(Planning Districts 14 and 17), within the Protected Water Area, unless approved
by the Water Works Operator.
(3) No person is permitted to remove vegetation from an area greater than 50% of
each residential lot at any time prior to and following development of and
construction on any residential lot.
Watercourse setbacks and buffers
19 (1) No person is permitted to erect a structure, excavate, fill or alter the grade of land
within 100 m of Bennery Lake or within 30 m of any watercourse or wetland
located on lands zoned PWS under the Halifax Regional Muncipality Land Use
By-law for Shubenacadie Lakes (Planning Districts 14 and 17), within the
Protected Water Area, unless such activity is
(a) related to the operation of the Bennery Lake Water Treatment Plant; and
(b) approved in advance by the Water Works Operator.
(2) No person is permitted to erect a structure, excavate, fill or alter the grade of land
within 15 m of any watercourse or wetland located on lands zoned AE-4 (Aerotech
Business) under the Halifax Regional Municipality Land Use By-law for
Shubenacadie Lakes (Planning Districts 14 and 17), within the Protected Water
Area, unless such activity is approved in advance by the Water Works Operator.
Consultation with the Committee
20 The Water Works Operator shall consult with the Committee before granting any
authorization or approval required by these regulations.
Legislative History
Reference Tables
Bennery Lake Watershed Protected Water Area
Regulations |
N.S. Reg. 211/2003 |
Environment Act |
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Bennery Lake Watershed Protected Water Area Regulations made
under the Environment Act includes all of the
following regulations:
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211/2003
|
Dec 4, 2003 |
date made |
Dec 26, 2003 |
26/2013 |
Jan 24, 2013 |
date specified |
Feb 22, 2013 |
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|
|
|
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The following regulations are not yet in force and are not
included in the current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
|
|
2........................................................ |
rs. 26/2013 |
3(3)-(4)............................................. |
am. 26/2013 |
3(6)-(8)............................................. |
ad. 26/2013
|
6(1)(a)............................................... |
am. 26/2013 |
6(1)(c)............................................... |
am. 26/2013 |
6(1)(d)............................................... |
rs. 26/2013 |
6(1)(e)............................................... |
ad. 26/2013
|
7(1)................................................... |
rs. 26/2013 |
8(2)(b)............................................... |
am. 26/2013 |
10...................................................... |
am. 26/2013 |
13...................................................... |
am. 26/2013 |
16(3)(a)............................................. |
am. 26/2013 |
16(3)(b)............................................. |
rs. 26/2013 |
16(5)................................................. |
rs. 26/2013 |
19(1)................................................. |
am. 26/2013 |
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
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1 |
The references in clauses 2(d) and (i) to the Department
of Environment and Labour and Minister of Environment and Labour should be
read as references to the Department of Environment and Minister of
Environment in accordance with Order in Council 2008‑161 under the Public Service Act, R.S.N.S. 1989, c.
376. (Section 2 replaced by N.S. Reg. 26/2013 and no longer refers to
Department or Minister.) |
Apr 1, 2008 |
2 |
Halifax Regional Municipality By-law Number O-103, the
Open Air Burning By-law, is replaced by By-law Number O-109 (same title). |
Oct 23, 2010 |
3 |
References to the Department of Natural Resources
should be read as references to the Department of Lands and Forestry in
accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376. |
Jul 5, 2018 |
Repealed and Superseded:
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.