Agricultural Marshland Conservation Act (amended)

BILL NO. 243

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
58 Elizabeth II, 2009

Government Bill

Agricultural Marshland Conservation Act
(amended)

The Honourable Mark Parent
Minister of Agriculture

First Reading: April 30, 2009

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clauses 1 and 2 amend the Agricultural Marshland Conservation Act to update the name of the Minister administering the Act and the department responsible for the expenses of the Agricultural Marshlands Conservation Commission.

Clause 3 requires the executive committee of a marsh body to submit an annual report to the Agricultural Marshlands Conservation Commission .

Subclause 4(1) adds a definition of "working day".

Subclause 4(2)

(a) changes from fifteen to thirty working days the time within which the Marshland Administrator must make a decision on whether to issue a permit for variance authorizing a development within a marshland section; and

(b) authorizes the Marshland Administrator to impose conditions on a variance.

Subclause 4(3)

(a) shortens from 60 to 30 working days the time within which an applicant for a permit for variance may appeal to the Agricultural Marshlands Conservation Commission a refusal by the Marshland Administrator to issue a permit;

(b) requires the Commission to make a decision within a set time, namely, 60 working days;

(c) where the Commission orders the permit for variance to be granted, authorizes the Commission to impose conditions on the variance; and

(d) provides that a permit for variance expires after 12 months from the date it is issued unless the authorized development commences within 12 months, or expires if the development is discontinued more than 12 months after it is issued.

Subclause 4(4) makes a change made necessary by subclause 4(1).

Clause 5 makes changes made necessary by subclause 4(1).

Clause 6 provides that the Act comes into force on proclamation.

An Act to Amend Chapter 22
of the Acts of 2000,
the Agricultural Marshland Conservation Act

Be it enacted by the Governor and Assembly as follows:

1 Clause 2(g) of Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act, is amended by striking out "and Fisheries" in the second line.

2 Section 9 of Chapter 22 is amended by striking out "and Fisheries" in the last line.

3 Chapter 22 is further amended by adding immediately after Section 20 the following Section:

20A Within ninety days after the end of each calendar year, the executive committee of a marsh body shall meet and submit to the Commission a report respecting the activities of the marsh body during that calendar year.

4 (1) Chapter 22 is further amended by renumbering subsection 41(1) as subsection (1A) and adding immediately before that subsection the following subsection:

(1) In this Section, "working day" means any day other than Saturday, Sunday, a holiday or another day on which the offices of the Government of the Province are closed.

(2) Subsection 41(4) of Chapter 22 is amended by

(a) striking out "fifteen" in the first line and substituting "thirty"; and

(b) adding "with or without conditions" immediately after "permit" in the third line.

(3) Subsection 41(5) of Chapter 22 is repealed and the following subsections substituted:

(5) The applicant may appeal a decision of the Marshland Administrator to the Commission within thirty working days of the decision being issued by the Marshland Administrator.

(5A) Within sixty working days of receiving an appeal, the Commission shall

(a) confirm the decision of the Marshland Administrator;

(b) order that the permit for variance be granted; or

(5B) A permit for variance expires

(a) twelve months after the date it is issued unless the development commences within twelve months of the date of its issue; or

(b) upon discontinuance of the development more than twelve months after the date of its issue.

(4) Subsection 41(6) of Chapter 22 is amended by striking out "(1)" in the first line and substituting "(1A)".

5 (1) Subsection 42(1) of Chapter 22 is amended by striking out "41(1)" in the first line and substituting "41(1A)".

(2) Clause 42(3)(b) of Chapter 22 is amended by striking out "41(1)" in the third line and substituting "41(1A)".

6 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2009 Crown in right of Nova Scotia. Created April 30, 2009. Send comments to legc.office@novascotia.ca.

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