NLR 86/22 - Wind Energy Land Reserve Order under the Lands Act
AI-assisted research summary: This Order sets up the Wind Energy Land Reserve, keeps it in place until February 28, 2027, and gives the minister limited power to accept certain applications or issue land interests in some cases.
NEWFOUNDLAND AND LABRADOR REGULATION 86/22 Wind Energy Land Reserve Order under the Lands Act (O.C. 2022-294) Amended by: 7/23 65/23 75/23 29/25 32/25 91/25 3/26 NEWFOUNDLAND AND LABRADOR REGULATION 86/22 Wind Energy Land Reserve Order under the Lands Act (O.C. 2022-294) (Filed December 14, 2022) Under the authority of subsection 8(2) of the Lands Act , the minister, with the approval of the Lieutenant-Governor in Council, makes the following Order. Dated at St. John’s, December 14, 2022. Derrick Bragg Minister of Fisheries, Forestry and Agriculture Krista Quinlan Clerk of the Executive Council ORDER Analysis 1. Short title 2. Definitions 3. Purpose 4. Term 5. Exception SCHEDULE Short title 1. This Order may be cited as the Wind Energy Land Reserve Order . 86/22 s1 Back to Top Definitions 2. In this Order, (a.01) "Act" means the Lands Act ; (a) "available Crown lands" means Crown lands that have not been (i) granted, leased or the subject of a licence or easement, or (ii) otherwise lawfully set apart or alienated from the Crown; (b) "call for bids" means the process outlined in the Guidelines: Crown Land Call for Bids for Wind Energy Projects prepared by the Department of Industry, Energy and Technology; and (c) "Wind Energy Land Reserve" means Crown land reserved under section 3 . 86/22 s2 ; 7/23 s1 Back to Top Purpose 3. The Wind Energy Land Reserve is established to ensure that available Crown lands located within the area described in the Schedule are available for the purpose of the call for bids. 86/22 s3 Back to Top Term 4. The Wind Energy Land Reserve is established until February 28, 2027. 86/22 s4 ; 75/23 s1 ; 29/25 s1 ; 32/25 s1 ; 91/25 s1 ; 3/26 s1 Back to Top Exception 5. Notwithstanding section 3, (a) the minister may accept applications for Crown lands included in the Wind Energy Land Reserve where the application states that (i) the Crown lands are required (A) on an urgent basis for the public good, (B) for meteorological towers and associated developments or infrastructure, or (C) for access or utility purposes for developments existing on or before December 14, 2022; or (ii) the person making the application has acquired an interest in the Crown lands under section 36 of the Act; and (b) the minister may issue grants, leases, licences or easements in relation to Crown lands included in the Wind Energy Land Reserve where (i) the minister is satisfied that the Crown lands are required for a purpose referred to in subparagraph (a)(i), (ii) the minister is satisfied that the person who made the application has acquired an interest in the Crown lands under section 36 of the Act, or (iii) the application for Crown lands was received on or before December 14, 2022. 86/22 s5 ; 7/23 s2 Back to Top SCHEDULE All that piece or parcel of land containing approximately 30,712 hectares , more or less, as depicted on the Provincial Land Use Atlas. 86/22 Sch. ; 65/23 s1 ; 75/23 s2 ; 32/25 s2 ; 3/26 s2