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Mill Lakes Watershed Protected Water Area Regulations
made under subsections 106(1), (4) and (6) of the
S.N.S. 1994-95, c. 1
N.S. Reg. 75A/2017 (April 21, 2017)
1 These regulations may be cited as the Mill Lakes Watershed Protected Water Area Regulations.
2 In these regulations,
“Act” means the Environment Act;
“Department” means the Department of Environment;
“off-highway vehicle” means an off-highway vehicle as defined in the Off-highway Vehicles Act;
“pesticide” or “pest control product” means a pesticide or 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 Mill Lakes Watershed Protected Water Area, as described in Schedule “A” to the designation;
“release” means release as defined in the Act;
“vessel” means a means of conveyance used on water and includes any accessory to the vessel;
“Water Works Operator” means the Town of Windsor, operator of the Town of Windsor Water Utility.
“watercourse” means a watercourse as defined in the Act;
“watershed” means a watershed 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) except as provided in Section 5, fish in any watercourse;
(b) swim or bathe in any lake or watercourse;
(c) except as provided in Section 5, boat in any watercourse;
(d) skate or engage in any other ice surface recreational activities;
(e) operate a vehicle on or over any watercourse, except at a bridge or crossing approved by the Department;
(f) except as provided in Section 5, operate an off-highway vehicle in or on a watercourse;
(g) wash a vehicle, vessel or mechanical equipment;
(h) carry out maintenance, other than emergency repair, of a vehicle, vessel or machinery.
Exceptions for landowners
5 An owner of land in the Protected Water Area may do any of the following:
(a) fish in Mill Lakes;
(b) use any of the following on Mill Lakes:
(i) a rowboat, canoe, or other non-motorized vessel,
(ii) a vessel powered by an electric motor;
(c) for the sole purpose of accessing their land, operate an off-highway vehicle on Mill Lakes when the lakes are covered by ice, but only if it is safe to do so.
6 A person must not harvest more than 50 000 board feet or 100 cords of wood in 1 calendar year on land within the Protected Water Area unless the landowner has submitted a forestry plan to the Water Works Operator and the Water Works Operator has granted written permission for the harvesting.
Prohibition on release of substances
7 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
(b) petroleum products;
(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.
Prohibition on landfills
8 A person must not establish any form of dump, landfill, compost operation, or waste disposal site in the Protected Water Area.
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.
Road construction and maintenance restrictions
10 (1) A person must not begin constructing a road within the Protected Water Area unless the person has submitted plans for the road construction to the Water Works Operator and the Water Works Operator has granted written permission for the construction.
(2) An owner of, operator of or person responsible for a road, bridge or culvert within the Protected Water Area must maintain and repair the road, bridge or culvert to the satisfaction of the Water Works Operator.
Pest control products
11 (1) Except as provided in subsection (2), a person must not use pest control products within the Protected Water Area unless the person has
(a) provided the Water Works Operator with a copy of any approval issued by the Minister in relation to the use; and
(b) received written permission from the Water Works Operator for the use.
(2) Subsection (1) does not apply to the use of pest control products for any of the following purposes:
(a) small-scale personal use, such as the application of mosquito repellent;
(b) application within a structure such as a camp.
Watercourse or wetland alteration
12 A person must not alter or begin any activity that will result in altering the natural features of any watercourse or wetland or the natural movement of water within the Protected Water Area unless the person has provided the Water Works Operator 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.
13 A person must not begin construction of or maintenance work on a public road, pipeline, railway, powerline or similar undertaking within the Protected Water Area unless the person has
(a) provided the Water Works Operator with plans for the construction or maintenance; and
(b) received written permission from the Water Works Operator.
Gravel and mineral extraction
14 (1) Except as provided in subsection (2), a person must not operate or use any pit, mine or quarry to extract gravel, rock or minerals within the Protected Water Area unless the person has
(a) provided the Water Works Operator with a copy of any approval issued by the Minister in relation to the pit, mine or quarry; and
(b) received written permission from the Water Works Operator for the operation or use.
(2) Subsection (1) does not apply to a landowner using granular material for building and maintaining roads on their woodlot.
Prohibition on agriculture
15 (1) A person must not pasture any cow, sheep, horse, pig or other domesticated animal within the Protected Water Area.
(2) A person must not pile or accumulate agricultural refuse or farm waste such as manure and compost within the Protected Water Area.
Prohibition on aquaculture
16 A person must not conduct aquaculture activities within the Protected Water Area.
Application for written permission
17 (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
18 The Water Works Operator must respond to an application for written permission to conduct an activity no later than 10 working days after the date the completed application is received.
Permission may include terms and conditions
19 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.