Acts and Regulations

2002-13 - Water Classification

Section 9
Disposition versions

Full text
Procedures for making a Water Classification Order
9(1)Before making a Water Classification Order classifying the water of a watercourse as Outstanding Natural Waters class, the Minister
(a) shall consider the recommendation that has been made by the Panel under subsection 13(2),
(b) may, if the Minister is not satisfied with any information or documentation provided by the Panel with its recommendation under subsection 13(2), request such further information or documentation as the Minister may require, and forgo taking any further steps until the information or documentation has been provided,
(c) shall, if the Minister considers it necessary, make an evaluation of the suitability of the water for classification as Outstanding Natural Waters class, including making an assessment of
(i) 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, and
(ii) whether or not the water and the watercourse meet the criteria set out in section 5,
(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 in The Royal Gazette and by any other method the Minister considers appropriate, to the public and to such other persons as the Minister considers appropriate, indicating that information concerning the intended classification is available and can be obtained from the Minister and, if the intended classification is a reclassification under section 11, setting out the reasons for the intended reclassification,
(e) shall provide to interested members of the public, including landowners, business enterprises, groups of interested persons and such other persons as may own, use, enjoy, occupy or otherwise have an interest in the land and water within the associated watershed, opportunities for involvement in the classification process, including
(i) by providing a range of communication options through which those persons can receive information concerning the classification process, understand the ecological, social and economic consequences of any proposed classification and submit comments and concerns,
(ii) by giving those persons an opportunity to review the proposed content of the Water Classification Order,
(iii) by giving those persons an opportunity to submit to the Minister any additional information that may not have been considered by the Minister in the original evaluation,
(iv) by receiving written submissions from those persons, to the extent that it appears reasonable to the Minister to do so in the circumstances, and
(v) by any other method the Minister considers appropriate,
(f) if reasonably possible, shall assist persons referred to in paragraph (e) to develop, by consensus, a recommendation for the Minister in relation to the appropriate classification to be made,
(g) shall be satisfied that the water of the watercourse may reasonably be expected to continue to meet the criteria set out in section 5, and
(h) shall notify the public of the final 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 Minister considers appropriate.
9(2)If the Panel has recommended to the Minister under paragraph 13(2)(b) that the water of a watercourse not be classified as Outstanding Natural Waters class and the Minister has decided upon receiving the recommendation to follow it, the Minister shall give notice of that decision in the form of a public notice or public notices published in newspapers having general circulation in the area of the watercourse and in The Royal Gazette, and by any other method the Minister considers appropriate, to the public and to such other persons as the Minister considers appropriate, setting out in each notice a description of the watercourse and the reasons for the decision.
9(3)The Minister is not bound to follow any recommendation developed by consensus among persons referred to in paragraph (1)(f) but, if not following the recommendation, shall provide those persons with written reasons for not doing so.
9(4)Before making a Water Classification Order classifying as an AL class the water of a watercourse that, for any reason, is not already classified as an AL class, or before making a Water Classification Order classifying the water of a watercourse as an A class, a B class or a C class, the Minister
(a) shall, in the form of a public notice or public notices published in newspapers having general circulation in the area of the watercourse and in The Royal Gazette, and by any other method the Minister considers appropriate, notify interested members of the public, including landowners, business enterprises, groups of interested persons, such other persons as may own, use, enjoy, occupy or otherwise have an interest in the land and water within the associated watershed and such other persons as the Minister considers appropriate, that the evaluation of the suitability of the water for the proposed classification has begun, and extend an invitation to become involved in the process,
(b) shall make an evaluation of the suitability of the water for the proposed classification, including making an assessment
(i) of the quality of the water, and
(ii) 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,
(c) shall involve such persons as the Minister considers appropriate in the process leading to the classification, including through participation in public meetings, in water quality monitoring or other information gathering activities, in the development of a consensus among those persons respecting the content of the proposed Water Classification Order and respecting any other matters those persons consider appropriate, and in any other activity the Minister considers appropriate, and
(d) shall follow the steps set out in paragraphs (1)(d) to (f) and (h), with the necessary modifications.
9(5)Notwithstanding anything else in this Regulation, the Minister may decide not to proceed with further consideration of a request made under subsection 8(2) or a recommendation made by the Panel under paragraph 13(2)(a), if the request or recommendation, in the opinion of the Minister, is clearly inappropriate.
9(6)The Minister, if deciding not to proceed under subsection (5), shall provide written reasons for not doing so to the governmental agency or person who made the request under subsection 8(2) or to the Panel, as the case may be.
Procedures for making a Water Classification Order
9(1)Before making a Water Classification Order classifying the water of a watercourse as Outstanding Natural Waters class, the Minister
(a) shall consider the recommendation that has been made by the Panel under subsection 13(2),
(b) may, if the Minister is not satisfied with any information or documentation provided by the Panel with its recommendation under subsection 13(2), request such further information or documentation as the Minister may require, and forgo taking any further steps until the information or documentation has been provided,
(c) shall, if the Minister considers it necessary, make an evaluation of the suitability of the water for classification as Outstanding Natural Waters class, including making an assessment of
(i) 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, and
(ii) whether or not the water and the watercourse meet the criteria set out in section 5,
(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 in The Royal Gazette and by any other method the Minister considers appropriate, to the public and to such other persons as the Minister considers appropriate, indicating that information concerning the intended classification is available and can be obtained from the Minister and, if the intended classification is a reclassification under section 11, setting out the reasons for the intended reclassification,
(e) shall provide to interested members of the public, including landowners, business enterprises, groups of interested persons and such other persons as may own, use, enjoy, occupy or otherwise have an interest in the land and water within the associated watershed, opportunities for involvement in the classification process, including
(i) by providing a range of communication options through which those persons can receive information concerning the classification process, understand the ecological, social and economic consequences of any proposed classification and submit comments and concerns,
(ii) by giving those persons an opportunity to review the proposed content of the Water Classification Order,
(iii) by giving those persons an opportunity to submit to the Minister any additional information that may not have been considered by the Minister in the original evaluation,
(iv) by receiving written submissions from those persons, to the extent that it appears reasonable to the Minister to do so in the circumstances, and
(v) by any other method the Minister considers appropriate,
(f) if reasonably possible, shall assist persons referred to in paragraph (e) to develop, by consensus, a recommendation for the Minister in relation to the appropriate classification to be made,
(g) shall be satisfied that the water of the watercourse may reasonably be expected to continue to meet the criteria set out in section 5, and
(h) shall notify the public of the final 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 Minister considers appropriate.
9(2)If the Panel has recommended to the Minister under paragraph 13(2)(b) that the water of a watercourse not be classified as Outstanding Natural Waters class and the Minister has decided upon receiving the recommendation to follow it, the Minister shall give notice of that decision in the form of a public notice or public notices published in newspapers having general circulation in the area of the watercourse and in The Royal Gazette, and by any other method the Minister considers appropriate, to the public and to such other persons as the Minister considers appropriate, setting out in each notice a description of the watercourse and the reasons for the decision.
9(3)The Minister is not bound to follow any recommendation developed by consensus among persons referred to in paragraph (1)(f) but, if not following the recommendation, shall provide those persons with written reasons for not doing so.
9(4)Before making a Water Classification Order classifying as an AL class the water of a watercourse that, for any reason, is not already classified as an AL class, or before making a Water Classification Order classifying the water of a watercourse as an A class, a B class or a C class, the Minister
(a) shall, in the form of a public notice or public notices published in newspapers having general circulation in the area of the watercourse and in The Royal Gazette, and by any other method the Minister considers appropriate, notify interested members of the public, including landowners, business enterprises, groups of interested persons, such other persons as may own, use, enjoy, occupy or otherwise have an interest in the land and water within the associated watershed and such other persons as the Minister considers appropriate, that the evaluation of the suitability of the water for the proposed classification has begun, and extend an invitation to become involved in the process,
(b) shall make an evaluation of the suitability of the water for the proposed classification, including making an assessment
(i) of the quality of the water, and
(ii) 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,
(c) shall involve such persons as the Minister considers appropriate in the process leading to the classification, including through participation in public meetings, in water quality monitoring or other information gathering activities, in the development of a consensus among those persons respecting the content of the proposed Water Classification Order and respecting any other matters those persons consider appropriate, and in any other activity the Minister considers appropriate, and
(d) shall follow the steps set out in paragraphs (1)(d) to (f) and (h), with the necessary modifications.
9(5)Notwithstanding anything else in this Regulation, the Minister may decide not to proceed with further consideration of a request made under subsection 8(2) or a recommendation made by the Panel under paragraph 13(2)(a), if the request or recommendation, in the opinion of the Minister, is clearly inappropriate.
9(6)The Minister, if deciding not to proceed under subsection (5), shall provide written reasons for not doing so to the governmental agency or person who made the request under subsection 8(2) or to the Panel, as the case may be.