NLR 87/02 - Glover Island Public Reserve Regulations under the Lands Act

NEWFOUNDLAND AND LABRADOR REGULATION 87/02 Glover Island Public Reserve Regulations under the Lands Act (O.C. 2002-601) Amended by: 124/13 27/33 s8 8/24 NEWFOUNDLAND AND LABRADOR REGULATION 87/02 Glover Island Public Reserve Regulations under the Lands Act (O.C. 2002-601) (Filed November 18, 2002 ) Under the authority of section 41 of the Lands Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s , November 13, 2002 . Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Restrictions 4. Camping 5. Building 6. Timber harvesting 7. Mineral exploration 8. Commercial development 9. Existing development 10. Scientific research Short title 1. These regulations may be cited as the Glover Island Public Reserve Regulations . 87/02 s1 Back to Top Definitions 2. In these regulations (a.01) "managing agency" means the Natural Areas Division of the Department of Environment and Climate Change; (a.02) "director" means the Director of Wildlife in the department; (a) "Newfoundland Marten" means the Newfoundland population of the Martes americana atrata ; (b) "outfitter" means the owner or operator of a camp site, lodge, cabin and related facilities constructed solely for the purpose of and used solely as a base for outfitting operations for sports fishing or hunting and related commercial recreational activities, that is registered under the Tourist Accommodations Act ; (c) "reserve" means the Glover Island Public Reserve; (d) "structure" means a man-made object intended to be permanent or semi-permanent in nature and includes buildings, houses, cottages, cabins, wharves, docks, boathouses, slipways, trailers, mobile homes, tent platforms, shelters and recreational vehicles used for any purpose but does not include temporary equipment associated with scientific research or monitoring, or signs erected by the managing agency; (e) "timber" means trees and shrubs, whether standing or felled, live or dead; and (f) "wild life" means wild life as defined in the Wild Life Act. 87/02 s2 ; 124/13 s1 ; 27/23 s8 ; 8/24 s1 Back to Top Restrictions 3. Within the reserve, a person shall not (a) disturb, hunt, take, interfere with or kill the Newfoundland Marten; (b) bring a dog, except during the open season in the area for hunting and shooting small game; (c) trap, net or snare wild life, except by a trap, net or snare approved by the director for use in the reserve, or by an underwater beaver set; (d) dispose of garbage; (e) bring or use poison, pesticides, traps, nets or snares, except a trap, net or snare approved by the director for use in the reserve, or an underwater beaver set; or (f) pollute or obstruct a stream or other body of water. 87/02 s3 ; 8/24 Back to Top Camping 4. (1) A person shall not camp in the reserve for longer than 10 nights except with a permit. (2) The minister may issue a permit to camp outside the restrictions in subsection (1). 87/02 s4 ; 124/13 s2 Back to Top Building 5. (1) The minister shall not issue a lease, grant or license to occupy for an area of Crown lands within the reserve except in accordance with a permit issued under sections 7, 8 and 9. (2) A person shall not build or expand any structure within the reserve except in accordance with a permit issued under sections 7, 8 and 9. (3) [Rep. by 124/13 s3] (4) [Rep. by 124/13 s3] 87/02 s5 ; 124/13 s3 Back to Top Timber harvesting 6. A person shall not harvest timber within the reserve except in accordance with a permit issued under sections 7, 8 and 9. 87/02 s6 Back to Top Mineral exploration 7. (1) A person shall not explore for minerals within the reserve without a permit issued under subsection (2). (2) The minister may issue a permit for mineral exploration and development, on terms and conditions that the minister considers appropriate. (3) The permit issued under subsection (2) may exempt the permit holder from any section of this regulation other than section 3. (4) A permit is not required for exploration activities which comply with sections 3, 4, 5 and 6 and do not cause significant ground disturbance, including foot and aircraft travel, airborne surveys, claim staking, geological mapping, geochemical surveys, geophysical surveys and prospecting. 87/02 s7 Back to Top Commercial development 8. (1) A person shall not operate a commercial enterprise within the reserve without a permit issued under subsection (2). (2) The minister may issue a permit to operate to an outfitter or operator of a tourism enterprise, on terms and conditions that the minister considers appropriate. (3) A permit issued under subsection (2) may exempt the permit holder from any section of these regulations other than section 3. 87/02 s8 Back to Top Existing development 9. (1) The owner or occupier of an existing structure or commercial enterprise with a valid title, lease or permit to occupy may continue to exercise rights in relation to the structure or enterprise but no expansion or further development is permitted except under a permit granted by the minister. (2) The minister may issue a permit for the expansion of an existing structure or commercial enterprise within the reserve. (3) The minister may issue a permit to an owner or occupier in subsection (1) to cut timber for heating a structure within the reserve. (4) Nothing in this section permits a person to violate section 3. 87/02 s9 Back to Top Scientific research 10. (1) A person shall not conduct scientific research within the reserve without a permit issued under subsection (2). (2) Upon submission of a written request outlining the scientific research, the minister may, after consultation with the managing agency, issue a permit for scientific research on terms and conditions that the minister considers appropriate. (3) A permit issued under subsection (2) may exempt the permit holder from paragraphs 3(a), (c) and (e). 124/13 s4 ; 8/24 s3