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Davidson Lake Watershed Protected Water Area Regulations
made under subseections 106(1) and (6) of the
Environment Act
S.N.S. 1994-95, c. 1
N.S. Reg. 74A/2017 (April 21, 2017)
Citation
1 These regulations may be cited as the Davidson Lake Watershed Protected Water Area Regulations.
Interpretation
2 In these regulations,
“Act” means the Environment Act;
“clearcut” means to harvest all merchantable trees from a piece of land more than 2 ha in size;
“Department” means the Department of Environment;
“forestry operation” means any activity related to using a forest for producing timber, wood fiber [fibre] or Christmas trees, including all of the following activities:
(i) forest management planning,
(ii) silviculture,
(iii) wood harvesting,
(iv) watershed protection,
(v) constructing roads, bridges and stream crossings,
(vi) operating, storing and using equipment and supplies;
“pest control product” means a pest control product as defined in the Act;
“Protected Water Area” means the land and water designated by the Minister under subsection 106(1) of the Act as the Davidson Lake Watershed Protected Water Area, as described in Schedule “A” to the designation;
“release” means a release as defined in the Act;
“vehicle” means any vehicle propelled or driven other than by muscular power, whether or not the vehicle is registered under the Motor Vehicle Act;
“vessel” means a means of conveyance used on water and includes any accessory to the vessel;
“Water Works Operator” means the Municipality of the District of West Hants, operator of the Hantsport Water Works;
“watercourse” means a watercourse as defined in the Act;
“wetland” means a wetland as defined in the Act.
Removal of signs prohibited
3 A person must not remove or alter any sign or notice posted by the Water Works Operator under clause 106(2)(c) of the Act.
Prohibited and restricted activities
4 A person must not do any of the following things in the Protected Water Area:
(a) swim or bathe in any lake or watercourse;
(b) camp without the landowner’s permission;
(c) fish in any lake or watercourse;
(d) hunt in or over the waters of Davidson Lake;
(e) operate a vehicle on any land in the Protected Water Area, unless
(i) the operation of the vehicle is authorized by the Water Works Operator, or
(ii) the vehicle is being operated on any of the following:
(A) a public road,
(B) a road built for purposes of a forestry operation,
(C) an access road to private land holdings;
(f) operate a vehicle or vessel on, through or over Davidson Lake or any other watercourse or wetland, except as authorized by the Water Works Operator for the purpose of protecting the Protected Water Area;
(g) ride a horse or bicycle on, through or over any watercourse or wetland, except at a bridge or culvert;
(h) wash a vehicle, vessel or machinery in or within 60 m of a watercourse;
(i) carry out maintenance, other than emergency repair, of a vehicle, vessel or machinery.
Prohibition on release of substances
5 (1) A person must not release or cause or permit the release of any substance that impairs or may impair water quality in the Protected Water Area, including
(a) oil;
(b) petroleum products;
(c) soap;
(d) detergent;
(e) toxic chemicals;
(f) pest control product waste;
(g) garbage, litter or solid or liquid waste; and
(h) any substance or material that causes or may cause an adverse effect.
(2) A person who is using mechanical equipment or transporting gasoline or oil in the Protected Water Area must not release, and must take precautions to prevent the release of, a petroleum product onto the ground or into a watercourse or wetland.
(3) A person must not refuel a vehicle or vessel within 20 m of the shoreline or bank of any watercourse or wetland within the Protected Water Area.
(4) A person must not store lubricants or fuel in bulk quantities of more than 450 L in the Protected Water Area.
Forestry operations
6 (1) A person must not do any of the following in the Protected Water Area within a calendar year without the prior written permission of the Water Works Operator:
(a) clearcut;
(b) harvest more than 50 cords of wood.
(2) A request for permission for a forestry operation referred to in subsection (1) must include a cutting plan that contains all of the following information and documentation:
(a) the size of the area to be cut, measured in hectares;
(b) the type of cutting to be done;
(c) a map of the property showing the area to be cut and the location of all of the following:
(i) existing and proposed access or haul roads, landings and skid trails,
(ii) watercourses and wetlands,
(iii) a 65-m buffer zone surrounding watercourses and wetlands,
(iv) existing or proposed watercourse or wetland crossings,
(v) areas where slopes exceed 20%;
(d) the type of equipment to be used;
(e) the anticipated start and completion dates for the operation;
(f) the proposed monitoring schedule for checking vehicles and mechanical equipment for leaks, and general environmental monitoring;
(g) the proposed monitoring schedules for water sampling and checking sediment traps, if required by the Water Works Operator;
(h) any information that the Water Works Operator requires to determine whether the requested permission should be granted.
(3) A person must not clearcut within 65 m of the shoreline or bank of any watercourse or wetland within the Protected Water Area.
(4) A person must not cut any mature tree within 65 m of the shoreline or bank of watercourse [sic] within the Protected Water Area unless both of the following conditions have been met:
(a) the person has obtained written permission from the Water Works Operator to do so;
(b) the person has notified the Water Works Operator of the start date of cutting.
(5) A person must not pile or accumulate wood processing waste, such as sawdust, bark, wood chips and wood shavings, within 65 m of the shoreline or bank of any watercourse or wetland within the Protected Water Area.
Pest control products
7 (1) A person must not use a pest control product within the Protected Water Area other than for 1 of the following purposes:
(a) personal application, such as applying mosquito repellent;
(b) application within structures associated with a woods camp.
(2) In clause (1)(b), “woods camp” means a building or structure intended to provide basic shelter for a person or group of persons engaged in hunting, fishing or other outdoor activities on an occasional or seasonal basis in a remote location where electricity and municipal or community services are not available.
Road construction and maintenance restrictions
8 (1) A person must not undertake any road construction, including crossing and drainage works required for maintenance of the roadbed, without the prior written permission of the Water Works Operator.
(2) Except as provided in subsection (3), a new road must be constructed at least 20 m from any watercourse or wetland in the Protected Water Area.
(3) A road may be constructed to cross a watercourse or wetland in the Protected Water Area but must be constructed, as much as possible, at right angles.
(4) A person who is responsible for a road in the Protected Water Area must maintain and repair the road and must notify the Water Works Operator before undertaking any maintenance, repair or removal of the road.
(5) Bridges, pipe arches or other similar open-bottomed box culverts that retain the streambed in its natural form must be used for roads that are constructed to cross watercourses or wetlands.
Soil erosion and sedimentation control
9 (1) A person must not undertake any activity that causes or might cause soil erosion resulting in sediment being deposited in any watercourse or wetlands within the Protected Water Area.
(2) A person who contravenes subsection (1) must immediately do all of the following things:
(a) cease the activity causing sedimentation and take measures to control the soil erosion and sediment deposition;
(b) notify the Water Works Operator.
(3) A person may alter the land levels within 65 m of a watercourse or wetland located in the Protected Water Area only if the alteration is necessary for road construction and watercourse or wetland crossings permitted under these regulations.
(4) A person must not erect a structure or alter the level of the land in an area of the Protected Water Area where the slope is greater than 15% other than for 1 of the following purposes:
(a) preventing floods or erosion;
(b) facilitating drainage;
(c) municipal water treatment and distribution.
Watercourse or wetland alteration
10 (1) A person must not construct a bridge or culvert or otherwise alter a watercourse or wetland in the Protected Water Area without the prior written permission of the Water Works Operator.
(2) An owner, operator or person responsible for a bridge or culvert constructed in the Protected Water Area must maintain and repair the bridge or culvert.
(3) An owner, operator or person responsible for a bridge or culvert constructed in the Protected Water Area must not remove the bridge or culvert without first providing written notice of intent to remove the bridge or culvert to the Water Works Operator, along with a copy of
(a) if an approval was required, a copy of the approval received from the Department for the activity; or
(b) if a notification was required, a copy of the notification submitted to the Department and a copy of the notification receipt received from the Department.
Prohibition on landfills
11 A person must not establish any form of dump, incinerator, landfill or waste disposal site in the Protected Water Area.
Agricultural waste setbacks from watercourses
12 A person must not pile or accumulate agricultural refuse or farm waste such as manure or compost within 650 m of any watercourse or wetland in the Protected Water Area.
Prohibition on aquaculture
13 A person must not conduct aquaculture activities of any kind, commercial or domestic, in the Protected Water Area.
Gravel and mineral extraction
14 A person must not operate or use any pit, mine or quarry to extract gravel, rock or minerals in the Protected Water Area without the prior written permission of the Water Works Operator.
Easement restriction
15 A person must not construct a pipeline, railway, telephone line, power line or other similar undertaking or grant an easement on, over or across the Protected Water Area without the prior written permission of the Water Works Operator.
Application for written permission
16 (1) On receipt of an application for written permission to conduct an activity in the Protected Water Area, the Water Works Operator may request the applicant to provide further information reasonably related to the activity.
(2) An application for written permission is not considered complete until the Water Works Operator receives any further information requested under subsection (1).
Timing of Water Works Operator’s decision
17 The Water Works Operator must decide whether to grant or refuse permission under these regulations within 60 days after the date that the completed request for the permission and all required supplemental information are submitted.
Permission may include terms and conditions
18 Written permission granted by the Water Works Operator under these regulations may include any terms and conditions respecting time and other matters that are, in the opinion of the Water Works Operator, necessary to protect the water quality in the Protected Water Area.