Acts and Regulations

2002-13 - Water Classification

Section 13
Disposition versions

Full text
Duties of the Panel
13(1)The Panel
(a) shall accept and review all nominations of water for classification as Outstanding Natural Waters class and all related documentation and information,
(b) notwithstanding anything else in this Regulation, may forgo taking the steps established in paragraphs (c) to (i) respecting nominations that, in the opinion of the Panel, are clearly inappropriate,
(c) if unsatisfied with any information or documentation provided to it with a nomination, may request such further information or documentation as the Panel may require and, notwithstanding anything else in this Regulation, may forgo taking any further steps until the information or documentation has been provided,
(d) shall give notice of the intended classification, in the form of a public notice or public notices published in newspapers having general circulation in the area of the watercourse and by any other method the Panel considers appropriate, to the public and to such other persons as the Panel considers appropriate, indicating that information concerning the intended classification is available and can be obtained from the secretary of the Panel,
(e) shall consult with the public and receive submissions and presentations from any governmental agency or person having an interest in the nomination, to the extent that appears reasonable to the Panel in the circumstances,
(f) shall make an evaluation of the suitability of the water being considered for classification as Outstanding Natural Waters class, including making an assessment of the past, current and potential uses and characteristics of land and water within the associated watershed, including the geology, soil, vegetation, topography and other aspects of the natural landscape and the climate, in terms of their relationship to water quality,
(g) shall evaluate the submissions and presentations and assess whether or not the nominated water and the watercourse meet the criteria set out in section 5,
(h) shall select one of the courses of action set out in subsection (2), and
(i) may, to the extent that appears reasonable to the Panel in the circumstances, consult with the public concerning the course of action it has selected under paragraph (h), repeating the steps set out in paragraphs (e) to (h) with the necessary modifications.
13(2)Having carried out the process as required under subsection (1), the Panel shall report to the Minister concerning any evaluation or assessment conducted by it under paragraph (1)(f) or (g) and the outcome of any consultation with the public under paragraphs (1)(e) or (i), and shall
(a) recommend to the Minister that the Minister institute the procedure for considering the suitability of the water of the watercourse for classification as Outstanding Natural Waters class and indicate the reasons for making the recommendation, or
(b) recommend to the Minister that the water of the watercourse not be classified as Outstanding Natural Waters class and indicate the reasons for making the recommendation.
Duties of the Panel
13(1)The Panel
(a) shall accept and review all nominations of water for classification as Outstanding Natural Waters class and all related documentation and information,
(b) notwithstanding anything else in this Regulation, may forgo taking the steps established in paragraphs (c) to (i) respecting nominations that, in the opinion of the Panel, are clearly inappropriate,
(c) if unsatisfied with any information or documentation provided to it with a nomination, may request such further information or documentation as the Panel may require and, notwithstanding anything else in this Regulation, may forgo taking any further steps until the information or documentation has been provided,
(d) shall give notice of the intended classification, in the form of a public notice or public notices published in newspapers having general circulation in the area of the watercourse and by any other method the Panel considers appropriate, to the public and to such other persons as the Panel considers appropriate, indicating that information concerning the intended classification is available and can be obtained from the secretary of the Panel,
(e) shall consult with the public and receive submissions and presentations from any governmental agency or person having an interest in the nomination, to the extent that appears reasonable to the Panel in the circumstances,
(f) shall make an evaluation of the suitability of the water being considered for classification as Outstanding Natural Waters class, including making an assessment of the past, current and potential uses and characteristics of land and water within the associated watershed, including the geology, soil, vegetation, topography and other aspects of the natural landscape and the climate, in terms of their relationship to water quality,
(g) shall evaluate the submissions and presentations and assess whether or not the nominated water and the watercourse meet the criteria set out in section 5,
(h) shall select one of the courses of action set out in subsection (2), and
(i) may, to the extent that appears reasonable to the Panel in the circumstances, consult with the public concerning the course of action it has selected under paragraph (h), repeating the steps set out in paragraphs (e) to (h) with the necessary modifications.
13(2)Having carried out the process as required under subsection (1), the Panel shall report to the Minister concerning any evaluation or assessment conducted by it under paragraph (1)(f) or (g) and the outcome of any consultation with the public under paragraphs (1)(e) or (i), and shall
(a) recommend to the Minister that the Minister institute the procedure for considering the suitability of the water of the watercourse for classification as Outstanding Natural Waters class and indicate the reasons for making the recommendation, or
(b) recommend to the Minister that the water of the watercourse not be classified as Outstanding Natural Waters class and indicate the reasons for making the recommendation.