Acts and Regulations

C-6 - Clean Environment Act

Section 6.5
Disposition versions

Full text
Coastal Designation Order – exemptions
6.5(1)A person who owns, acquires 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 6.4(6) may, at any time after the Coastal Designation Order is made, ask the Minister to grant an exemption by delivering to the Minister a request for an exemption on a form prescribed by regulation and any other information or documents that the Minister considers necessary to consider the request.
6.5(2)Upon receipt of a request under subsection (1), the Minister may,
(a) on a form prescribed by regulation, grant an exemption in accordance with the regulations, permitting the development, construction, operation or maintenance of all or part of an activity, thing or use that is prohibited, controlled or limited by a requirement imposed in relation to a Coastal Designation Order, during a specified or an indefinite period of time as is set out in the exemption, subject to such requirements as the Minister may impose,
(b) acquire all or a portion of the land where the activity, thing or use is being developed, constructed, operated or maintained, or
(c) on a form prescribed by regulation, refuse the request and provide reasons for the refusal.
6.5(3)The Minister shall not grant an exemption under subsection (2) that relates to a wetland in a coastal area unless, in accordance with New Brunswick Regulation 87-83 under the Clean Environment Act,
(a) the Minister has made a determination under paragraph 4(a) of that regulation, or
(b) the Lieutenant-Governor in Council has given an approval under subsection 16(2) of that regulation.
6.5(4)An exemption shall specify the name of the person or persons or the class of persons to whom all or any specified portion of the exemption applies, and the exemption or portion of it, as the case may be, shall apply
(a) unless otherwise specified, to the heirs, assigns, successors, executors and administrators of those persons, and
(b) where specified, to the employees and agents of those persons.
6.5(5)An exemption shall set out the Service New Brunswick parcel identifier number or numbers of the land to which it relates and any requirements imposed in relation to the exemption and shall include a description or plan of the land.
6.5(6)The Regulations Act does not apply to an exemption.
6.5(7)Subsection 6.4(9) does not apply to an exemption.
6.5(8)A person who is granted an exemption shall comply with any requirements that are imposed in relation to the exemption.
6.5(9)An exemption granted under paragraph (2)(a) that relates to a watercourse or a wetland in a coastal area shall be deemed to be a permit under paragraph 15(1)(b) of the Clean Water Act and the recipient of such an exemption is not required to apply under the Clean Water Act for a permit under paragraph 15(1)(b) of that Act.
2003, c.6, s.2
Coastal Designation Order
6.5(1)A person who owns, acquires 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 6.4(6) may, at any time after the Coastal Designation Order is made, ask the Minister to grant an exemption by delivering to the Minister a request for an exemption on a form prescribed by regulation and any other information or documents that the Minister considers necessary to consider the request.
6.5(2)Upon receipt of a request under subsection (1), the Minister may,
(a) on a form prescribed by regulation, grant an exemption in accordance with the regulations, permitting the development, construction, operation or maintenance of all or part of an activity, thing or use that is prohibited, controlled or limited by a requirement imposed in relation to a Coastal Designation Order, during a specified or an indefinite period of time as is set out in the exemption, subject to such requirements as the Minister may impose,
(b) acquire all or a portion of the land where the activity, thing or use is being developed, constructed, operated or maintained, or
(c) on a form prescribed by regulation, refuse the request and provide reasons for the refusal.
6.5(3)The Minister shall not grant an exemption under subsection (2) that relates to a wetland in a coastal area unless, in accordance with New Brunswick Regulation 87-83 under the Clean Environment Act,
(a) the Minister has made a determination under paragraph 4(a) of that regulation, or
(b) the Lieutenant-Governor in Council has given an approval under subsection 16(2) of that regulation.
6.5(4)An exemption shall specify the name of the person or persons or the class of persons to whom all or any specified portion of the exemption applies, and the exemption or portion of it, as the case may be, shall apply
(a) unless otherwise specified, to the heirs, assigns, successors, executors and administrators of those persons, and
(b) where specified, to the employees and agents of those persons.
6.5(5)An exemption shall set out the Service New Brunswick parcel identifier number or numbers of the land to which it relates and any requirements imposed in relation to the exemption and shall include a description or plan of the land.
6.5(6)The Regulations Act does not apply to an exemption.
6.5(7)Subsection 6.4(9) does not apply to an exemption.
6.5(8)A person who is granted an exemption shall comply with any requirements that are imposed in relation to the exemption.
6.5(9)An exemption granted under paragraph (2)(a) that relates to a watercourse or a wetland in a coastal area shall be deemed to be a permit under paragraph 15(1)(b) of the Clean Water Act and the recipient of such an exemption is not required to apply under the Clean Water Act for a permit under paragraph 15(1)(b) of that Act.
2003, c.6, s.2