Acts and Regulations

97-83 - Registry of Agricultural Land

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 97-83
under the
Agricultural Land Protection and
Development Act
(O.C. 97-564)
Filed June 26, 1997
Under section 20 of the Agricultural Land Protection and Development Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Registry of Agricultural Land Regulation - Agricultural Land Protection and Development Act.
Registry
2The Minister shall establish and maintain a registry of agricultural land in accordance with this Regulation.
Requirements for registration
3The following land may be registered as agricultural land under this Regulation:
(a) land that is being used in an agricultural operation, and
(b) land that is not being used in an agricultural operation but that has the soil, landscape or climate suitable for use in an agricultural operation.
Application
4(1)A person may make application to the Minister on a form provided by the Minister to register agricultural land owned by the person.
4(2)A person making application under subsection (1) shall provide the Minister with information requested by the Minister.
Registration of agricultural land
5Where, after receipt of an application under section 4, the Minister is of the opinion that the land meets the requirements under section 3, the Minister may register the land as agricultural land.
Notice where requirements not met
6Where, after receipt of an application under section 4, the Minister is of the opinion that the land does not meet the requirements under section 3, the Minister shall, in writing, so notify the applicant.
Continued registration
7Land registered as agricultural land under section 5 in any year shall continue to be registered in subsequent years unless the land is deregistered under section 8.
Deregistration of agricultural land
8(1)The Minister shall, upon request by the owner, deregister land registered under section 5.
8(2)Subject to subsection (3), the Minister shall deregister land registered under section 5 that does not meet the requirements of section 3.
8(3)No land shall be deregistered under subsection (2) unless the owner of the land is given thirty consecutive days’ written notice of the deregistration.
8(4)A notice under subsection (3) may be mailed to the owner of the land at his or her address as listed in the records of the Minister.
Repealed
9Repealed: 2016, c.28, s.3
1998, c.41, s.6; 2000, c.26, s.14; 2006, c.16, s.8; 2007, c.10, s.10; 2010, c.31, s.12; 2012, c.39, s.11; 2016, c.28, s.3
Appeal
10Any person affected by a decision of the Minister may appeal the decision to the Agriculture Appeal Board established under the Agriculture Appeal Board Act.
2016, c.28, s.3
Repealed
11Repealed: 2016, c.28, s.3
2016, c.28, s.3
N.B. This Regulation is consolidated to January 31, 2018.