BILL NO. 88

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004

Private Member's Bill

Protection from Quarries Act

Manning MacDonald
Cape Breton South

First Reading: September 23, 2004

Second Reading:

Third Reading:

An Act to Protect Residential Communities
from Quarries

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Protection from Quarries Act.

2 In this Act,

(a) "Director" means the Director of Mines in the Department of Natural Resources;

(b) "Minister" means the Minister of Natural Resources;

(c) "municipality" means a regional municipality, incorporated town or municipality of a county or district;

(d) "quarry" means any opening or excavation in the ground for the purpose of searching for or removing earth, clay, sand, gravel, rock, building stone, limestone, marble, gypsum or marl, and includes all pits, works, machinery, plant, buildings and premises below or above ground belonging to or used in connection with a quarry;

(e) "residential zone" means an area that has been zoned residential pursuant to a municipal land-use by-law.

3 In the event of a conflict between this Act and the Metalliferous Mines and Quarries Regulation Act or another Act of the Legislature, this Act prevails.

4 After the coming into force of this Act, no new quarry shall be permitted that is within one kilometre of a residential zone.

5 A municipality may take measures necessary to prevent the breach of Section 4.

6 All reasonable expenses taken by the municipality to ensure compliance with a Section 4 may be recovered from the owner of a quarry in breach of that Section.

7 No action shall be maintained against a municipality or against any agent, servant or employee of a municipality for anything done pursuant to this Act.

8 Where authorized

(a) by the council or by the chief administrative officer of a municipality, the clerk or development officer of the municipality, in the name of the municipality; or

(b) by the Minister, the Director, in the name of the Province,

may apply to the Supreme Court of Nova Scotia for any or all of the remedies provided by this Act.

9 The Supreme Court of Nova Scotia may hear and determine the matter at any time and, in addition to any other remedy or relief, may make an order of an offence

(a) restraining the continuance of an offence or repetition of an offence in respect of the same property;

(b) directing the removal or destruction of any structure or part of a structure that contravenes Section 4 and, where an order is not complied with, authorizing the municipality or the Director to enter upon the land and premises with necessary workers and equipment and to remove and destroy the structure, or part of it, at the expense of the owner;

(c) respecting the recovery of the expense of removal and destruction and for the enforcement of this Section and for costs as is deemed proper,

and an order may be interim, interlocutory or final.

10 Where, after the action or proceeding is commenced, it appears that

(a) the offence that was the subject of the action or proceeding may have been done or committed by a person other than the defendant;

(b) the title to the property, or part of or any interest in it, that vested at the commencement of the action or proceeding, has since become vested in a person other than the defendant; or

(c) there has been a fresh offence by the same person or by another person with respect to the same property,

it is not necessary to bring another application and the original application may be amended from time to time and at any time before final judgment to include all parties and all offences and the whole matter of the offences shall be heard, dealt with and determined, notwithstanding that the offences may be offences against different orders, land-use by-laws, development agreements, regulations or statements of provincial interest.

11 Where the owner of any property where an offence is taking place or has taken place cannot be found, the municipality or the Director may post a notice of the offence and of the application upon the property.

12 (1) A person authorized by the Minister or by the council of a municipality has the right to enter at all reasonable times in or upon any property within the municipality, without a warrant, for the purposes of an inspection necessary to administer an order, land-use by-law, development agreement, regulation or statement of provincial interest.

(2) The authorized person shall not enter any place actually being used as a dwelling without the consent of the occupier unless the entry is made in daylight hours and written notice of the time of the entry has been given to the occupier at least twenty-four hours in advance of the entry.

(3) Where a judge of the Supreme Court of Nova Scotia is satisfied, on evidence under oath, that the entry is refused or no person is present to grant access, the judge may by order authorize entry into or on the property during reasonable hours set by the judge.

(4) Any order made by a judge shall continue in force until the purpose for which entry is required is fulfilled.

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