Acts and Regulations

90-120 - Protected Area Exemption

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 90-120
under the
Clean Water Act
(O.C. 90-780)
Filed September 24, 1990
Under section 40 of the Clean Water Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Protected Area Exemption Regulation - Clean Water Act.
2In this Regulation
“Act” means the Clean Water Act.(Loi)
3(1)The Minister, when granting an exemption under paragraph 14.1(2)(a) of the Act in relation to an order designating as a protected area all or any portion of a watershed, aquifer or ground water recharge area, shall
(a) grant the exemption in writing,
(b) include in the exemption a description or plan of the area to which it relates,
(c) name or describe in the exemption each person to whom the exemption relates and, for each person, set out the requirements imposed under subsection 14(3) of the Act from which the person is exempted, any such requirements from which the person is not exempted and any further requirements imposed on the person under paragraph 14.1(2)(a) of the Act, and
(d) file a copy of the exemption in the general register of Designation Orders and in the regional registers of Designation Orders referred to in subsection 14(7) of the Act.
3(2)The Minister may describe persons who are to be exempted in an exemption as the heirs, assigns, successors, executors and administrators of a named person, as employees or agents of a named person or by any other description the Minister considers appropriate.
3(3)An exemption shall be filed under paragraph (1)(d)
(a) with the order to which the exemption relates, and
(b) under the name of the person to whom the exemption relates, if the exemption specifically names a person.
3(4)Persons shall be exempt from requirements imposed under subsection 14(3) of the Act only
(a) if they are specifically named, or are described, as exempt, and
(b) in relation to those requirements from which they are specifically exempted,
in an exemption granted under paragraph 14.1(2)(a) of the Act.
2012-76
4This Regulation comes into force on October 8, 1990.
N.B. This Regulation is consolidated to August 23, 2012.