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Wilderness Areas Protection Act (amended)

BILL NO. 50

(as introduced)

1st Session, 61st General Assembly
Nova Scotia
58 Elizabeth II, 2009



Government Bill



Wilderness Areas Protection Act
(amended)



The Honourable Sterling Belliveau
Minister of Environment



First Reading: October 27, 2009

(Explanatory Notes)

Second Reading: November 2, 2009

Third Reading: November 5, 2009 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Subclause 1(1) clarifies that subsection 23(4) of the Act applies to new additions to existing wilderness areas listed in a Schedule to the Act.

Subclause 1(2) replaces "January 1, 2010" with "January 1, 2012" to extend authority to licence ATV use associated with the moose hunt in Polletts Cove-Aspy Fault Wilderness Area.

Subclause 1(3) gives the Minister the authority to designate three specific trails, namely, River Philip Road, Queensport Road and The Bypass Trail, for vehicle use.

Subclause 1(4) removes the Minister's discretion to license individuals to use vehicles to access wilderness recreation, sport fishing, hunting or trapping in wilderness areas.

Clause 2 permits a seal hunt authorized by the Department of Fisheries and Oceans (Canada) on Hay Island in Scatarie Island Wilderness area.

Clause 3 amends the Act to provide that the use of vehicles to access a campsite lease or licence is limited to those situations where a vehicle is required for the maintenance or removal of a campsite or structure.

Clause 4 provides that the Bill comes into force on proclamation.

An Act to Amend Chapter 27
of the Acts of 1998,
the Wilderness Areas Protection Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 23(4) of Chapter 27, as enacted by Chapter 56 of the Acts of 2005, is amended by adding "and within lands added to wilderness areas listed in a Schedule to the Act" immediately after "Act" in the second line.

(2) Subsection 23(4B) of Chapter 27, as enacted by Chapter 56 of the Acts of 2005, is amended by striking out "2010" in the first line and substituting "2012".

(3) Section 23 of Chapter 27, as amended by Chapter 56 of the Acts of 2005, is further amended by adding immediately after subsection (4B) the following subsection:

(4C) Where the conditions in clauses (4)(a), (d) and (e) are met, the Minister may designate one or more of the following trails or routes upon which the use and operation of vehicles is permitted:

(a) River Philip Road, Economy River Wilderness Area;

(b) Queensport Road, Bonnet Lake Barrens Wilderness Area;

(c) The Bypass Trail located on the Snowmobilers Association of Nova Scotia trail #104, Jim Campbells Barren Wilderness Area.

(4) Subsection 23(5) of Chapter 27 is repealed.

2 Section 24 of Chapter 27 is amended by adding immediately after subsection (2) the following subsections:

(3) The Minister may issue a licence permitting the holder of the licence to carry out a seal hunt authorized by the Department of Fisheries and Oceans (Canada) on Hay Island in Scatarie Island Wilderness Area.

(4) A licence issued pursuant to subsection (3) must only permit such activities as are required to conduct the hunt, and may contain such terms and conditions as the Minister considers necessary to minimize adverse environmental impacts and protect the wilderness area.

3 Section 25 of Chapter 27 is amended by adding immediately after subsection (4) the following subsections:

(5) In subsection (6), "vehicle" does not include a motor boat, a motor vessel or an aircraft.

(6) A licence issued pursuant to subsection (4) to a campsite lease or licence holder authorizing vehicle use may only be issued for the limited purpose of

(a) maintaining or repairing structures associated with the campsite lease or licensed site; or

(b) removing structures or materials associated with the campsite lease or licensed site.

4 This Bill 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 November 17, 2009. Send comments to legc.office@novascotia.ca.