Acts and Regulations

C-6.1 - Clean Water Act

Section 14
Disposition versions

Full text
Protected areas
14(1)The Minister, with the approval of the Lieutenant-Governor in Council, may by a Designation Order designate as a protected area all or any portion of a watershed, aquifer or ground water recharge area that is used as a source of water for a public water supply system.
14(2)The Minister shall provide for a commencement date in a Designation Order.
14(3)The Minister may impose requirements in a Designation Order respecting one or more of the following:
(a) the prohibition, control or limitation of any activity or thing that might impair the quality or the quantity of the water in a protected area;
(b) the allocation of the use of the water in a protected area;
(c) the prohibition, control or limitation of the use of the land in a protected area;
(d) terms and conditions respecting the land or the water in a protected area; or
(e) standards for the purpose of protecting the quality and quantity of the water in a protected area and methods of enforcing the standards.
14(4)A Designation Order shall include
(a) a schedule of any requirements imposed under subsection (3), and
(b) a description or plan of the protected area.
14(4.1)Notwithstanding the Regulations Act, any publication arising from any requirements under that Act of a Designation Order that includes a plan of the protected area
(a) shall include a notice describing the locations referred to in paragraphs (5)(a) and (b) where a copy of the Designation Order, including the plan, may be found, and
(b) may include, instead of the plan of the protected area, a description of the protected area that contains sufficient detail for persons having an interest in property that may be affected by the Designation Order to recognize that their property may be so affected.
14(5)The Minister shall, before the commencement date of a Designation Order,
(a) file a copy of the Order in the head office of the Department of Environment and Local Government and in the regional office of the Department of Environment and Local Government situated most closely to the protected area,
(b) register in the registry office of Service New Brunswick for the county or counties in which the protected area is situated, a copy of the Order accompanied by a plan that bears
(i) the current Service New Brunswick parcel identifier numbers of every parcel of land situated wholly or partially within the boundaries of the protected area, and
(ii) any other information that the Minister considers appropriate, and
(c) publish a notice at least once in one or more newspapers published in the county or counties in which the protected area is situated or, if no newspaper is published in that county or counties, in a newspaper published in the Province and having general circulation in that county or counties.
14(6)A notice referred to in paragraph (5)(c) shall include a description or plan of the protected area and shall indicate that a schedule of any requirements imposed under subsection (3) may be inspected at the head office of the Department of Environment and Local Government and at the regional office of the Department of Environment and Local Government specified in the notice.
14(7)The Minister shall maintain a general register of Designation Orders at the head office of the Department of Environment and Local Government and shall maintain a regional register of Designation Orders at each regional office referred to in notices published under paragraph (5)(c) and the general and regional registers shall be open for inspection during normal business hours.
14(8)A person who, on the commencement date of a Designation Order, owns or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall begin complying with those requirements on the commencement date of the Order and shall continue to comply with all requirements except those from which the person has been granted an exemption.
14(9)A person who, after the commencement date of a Designation Order, acquires, proposes or commences to develop, construct, operate or maintain an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall comply with all the requirements except those from which the person has been granted an exemption.
1993, c.19, s.8; 1998, c.12, s.11; 2000, c.26, s.44; 2002, c.26, s.13; 2003, c.5, s.2; 2006, c.16, s.30; 2012, c.39, s.39
Protected areas
14(1)The Minister, with the approval of the Lieutenant-Governor in Council, may by a Designation Order designate as a protected area all or any portion of a watershed, aquifer or ground water recharge area that is used as a source of water for a public water supply system.
14(2)The Minister shall provide for a commencement date in a Designation Order.
14(3)The Minister may impose requirements in a Designation Order respecting one or more of the following:
(a) the prohibition, control or limitation of any activity or thing that might impair the quality or the quantity of the water in a protected area;
(b) the allocation of the use of the water in a protected area;
(c) the prohibition, control or limitation of the use of the land in a protected area;
(d) terms and conditions respecting the land or the water in a protected area; or
(e) standards for the purpose of protecting the quality and quantity of the water in a protected area and methods of enforcing the standards.
14(4)A Designation Order shall include
(a) a schedule of any requirements imposed under subsection (3), and
(b) a description or plan of the protected area.
14(4.1)Notwithstanding the Regulations Act, any publication arising from any requirements under that Act of a Designation Order that includes a plan of the protected area
(a) shall include a notice describing the locations referred to in paragraphs (5)(a) and (b) where a copy of the Designation Order, including the plan, may be found, and
(b) may include, instead of the plan of the protected area, a description of the protected area that contains sufficient detail for persons having an interest in property that may be affected by the Designation Order to recognize that their property may be so affected.
14(5)The Minister shall, before the commencement date of a Designation Order,
(a) file a copy of the Order in the head office of the Department of Environment and Local Government and in the regional office of the Department of Environment and Local Government situated most closely to the protected area,
(b) register in the registry office of Service New Brunswick for the county or counties in which the protected area is situated, a copy of the Order accompanied by a plan that bears
(i) the current Service New Brunswick parcel identifier numbers of every parcel of land situated wholly or partially within the boundaries of the protected area, and
(ii) any other information that the Minister considers appropriate, and
(c) publish a notice at least once in one or more newspapers published in the county or counties in which the protected area is situated or, if no newspaper is published in that county or counties, in a newspaper published in the Province and having general circulation in that county or counties.
14(6)A notice referred to in paragraph (5)(c) shall include a description or plan of the protected area and shall indicate that a schedule of any requirements imposed under subsection (3) may be inspected at the head office of the Department of Environment and Local Government and at the regional office of the Department of Environment and Local Government specified in the notice.
14(7)The Minister shall maintain a general register of Designation Orders at the head office of the Department of Environment and Local Government and shall maintain a regional register of Designation Orders at each regional office referred to in notices published under paragraph (5)(c) and the general and regional registers shall be open for inspection during normal business hours.
14(8)A person who, on the commencement date of a Designation Order, owns or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall begin complying with those requirements on the commencement date of the Order and shall continue to comply with all requirements except those from which the person has been granted an exemption.
14(9)A person who, after the commencement date of a Designation Order, acquires, proposes or commences to develop, construct, operate or maintain an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall comply with all the requirements except those from which the person has been granted an exemption.
1993, c.19, s.8; 1998, c.12, s.11; 2000, c.26, s.44; 2002, c.26, s.13; 2003, c.5, s.2; 2006, c.16, s.30; 2012, c.39, s.39
Protected areas
14(1)The Minister, with the approval of the Lieutenant-Governor in Council, may by a Designation Order designate as a protected area all or any portion of a watershed, aquifer or ground water recharge area that is used as a source of water for a public water supply system.
14(2)The Minister shall provide for a commencement date in a Designation Order.
14(3)The Minister may impose requirements in a Designation Order respecting one or more of the following:
(a) the prohibition, control or limitation of any activity or thing that might impair the quality or the quantity of the water in a protected area;
(b) the allocation of the use of the water in a protected area;
(c) the prohibition, control or limitation of the use of the land in a protected area;
(d) terms and conditions respecting the land or the water in a protected area; or
(e) standards for the purpose of protecting the quality and quantity of the water in a protected area and methods of enforcing the standards.
14(4)A Designation Order shall include
(a) a schedule of any requirements imposed under subsection (3), and
(b) a description or plan of the protected area.
14(4.1)Notwithstanding the Regulations Act, any publication arising from any requirements under that Act of a Designation Order that includes a plan of the protected area
(a) shall include a notice describing the locations referred to in paragraphs (5)(a) and (b) where a copy of the Designation Order, including the plan, may be found, and
(b) may include, instead of the plan of the protected area, a description of the protected area that contains sufficient detail for persons having an interest in property that may be affected by the Designation Order to recognize that their property may be so affected.
14(5)The Minister shall, before the commencement date of a Designation Order,
(a) file a copy of the Order in the head office of the Department of Environment and in the regional office of the Department of Environment situated most closely to the protected area,
(b) register in the registry office of Service New Brunswick for the county or counties in which the protected area is situated, a copy of the Order accompanied by a plan that bears
(i) the current Service New Brunswick parcel identifier numbers of every parcel of land situated wholly or partially within the boundaries of the protected area, and
(ii) any other information that the Minister considers appropriate, and
(c) publish a notice at least once in one or more newspapers published in the county or counties in which the protected area is situated or, if no newspaper is published in that county or counties, in a newspaper published in the Province and having general circulation in that county or counties.
14(6)A notice referred to in paragraph (5)(c) shall include a description or plan of the protected area and shall indicate that a schedule of any requirements imposed under subsection (3) may be inspected at the head office of the Department of Environment and at the regional office of the Department of Environment specified in the notice.
14(7)The Minister shall maintain a general register of Designation Orders at the head office of the Department of Environment and shall maintain a regional register of Designation Orders at each regional office referred to in notices published under paragraph (5)(c) and the general and regional registers shall be open for inspection during normal business hours.
14(8)A person who, on the commencement date of a Designation Order, owns or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall begin complying with those requirements on the commencement date of the Order and shall continue to comply with all requirements except those from which the person has been granted an exemption.
14(9)A person who, after the commencement date of a Designation Order, acquires, proposes or commences to develop, construct, operate or maintain an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall comply with all the requirements except those from which the person has been granted an exemption.
1993, c.19, s.8; 1998, c.12, s.11; 2000, c.26, s.44; 2002, c.26, s.13; 2003, c.5, s.2; 2006, c.16, s.30
Protected areas
14(1)The Minister, with the approval of the Lieutenant-Governor in Council, may by a Designation Order designate as a protected area all or any portion of a watershed, aquifer or ground water recharge area that is used as a source of water for a public water supply system.
14(2)The Minister shall provide for a commencement date in a Designation Order.
14(3)The Minister may impose requirements in a Designation Order respecting one or more of the following:
(a) the prohibition, control or limitation of any activity or thing that might impair the quality or the quantity of the water in a protected area;
(b) the allocation of the use of the water in a protected area;
(c) the prohibition, control or limitation of the use of the land in a protected area;
(d) terms and conditions respecting the land or the water in a protected area; or
(e) standards for the purpose of protecting the quality and quantity of the water in a protected area and methods of enforcing the standards.
14(4)A Designation Order shall include
(a) a schedule of any requirements imposed under subsection (3), and
(b) a description or plan of the protected area.
14(5)The Minister shall, before the commencement date of a Designation Order,
(a) file a copy of the Order in the head office of the Department of Environment and in the regional office of the Department of Environment situated most closely to the protected area,
(b) register in the registry office of Service New Brunswick for the county or counties in which the protected area is situated, a copy of the Order accompanied by a plan that bears
(i) the current Service New Brunswick parcel identifier numbers of every parcel of land situated wholly or partially within the boundaries of the protected area, and
(ii) any other information that the Minister considers appropriate, and
(c) publish a notice at least once in one or more newspapers published in the county or counties in which the protected area is situated or, if no newspaper is published in that county or counties, in a newspaper published in the Province and having general circulation in that county or counties.
14(6)A notice referred to in paragraph (5)(c) shall include a description or plan of the protected area and shall indicate that a schedule of any requirements imposed under subsection (3) may be inspected at the head office of the Department of Environment and at the regional office of the Department of Environment specified in the notice.
14(7)The Minister shall maintain a general register of Designation Orders at the head office of the Department of Environment and shall maintain a regional register of Designation Orders at each regional office referred to in notices published under paragraph (5)(c) and the general and regional registers shall be open for inspection during normal business hours.
14(8)A person who, on the commencement date of a Designation Order, owns or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall begin complying with those requirements on the commencement date of the Order and shall continue to comply with all requirements except those from which the person has been granted an exemption.
14(9)A person who, after the commencement date of a Designation Order, acquires, proposes or commences to develop, construct, operate or maintain an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection (3) shall comply with all the requirements except those from which the person has been granted an exemption.
1993, c.19, s.8; 1998, c.12, s.11; 2000, c.26, s.44; 2003, c.5, s.2; 2006, c.16, s.30