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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Clean Water Act
 
Legislature :
54
Session :
5
Bill No. :
18
Member :
Hon. Jardine
First Reading :
2002-12-5
Second Reading :
2002-12-6
Committee of the Whole :
2003-3-19
Amended :
Third Reading :
2003-3-20
Royal Assent :
2003-4-11
Download PDF :
  Bill 18         
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Text of Bill :


Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended



(a)               by repealing the definition "alteration" and substituting the following:



"alteration", when it refers to a watercourse or a wetland, means a temporary or permanent change made at, near or to a watercourse or wetland or to the water flow in a watercourse or wetland and includes



(a)               any change made to existing structures in the watercourse or wetland including repairs, modifications or removal, whether the water flow in the watercourse or wetland is altered or not,



(b)               the operation of machinery on the bed of a watercourse other than at a recognized fording place,



(c)                the operation of machinery in or on a wetland,



(d)               any deposit or removal of sand, gravel, rock, topsoil, organic matter or other material into or from a watercourse or wetland or within thirty meters of a wetland or the bank of a watercourse,



(e)                any disturbance of the ground within thirty metres of a wetland or the bank of a watercourse, except grazing by animals, the tilling, plowing, seeding and harrowing of land, the harvesting of vegetables, flowers, grains and ornamental shrubs and any other agricultural activity prescribed by regulation for the purposes of this paragraph, that occur more than five metres from a wetland or the bank of a watercourse,



(f)                any removal of vegetation from the bed or bank of a watercourse,



(g)               any removal of trees from within thirty metres of the bank of a watercourse, and



(h)               any removal of vegetation from a wetland or from within thirty metres of a wetland except the harvesting of vegetables, flowers, grains and ornamental shrubs and any other agricultural activity prescribed by regulation for the purposes of this paragraph, that occur more than five metres from a wetland;



(b)               in the definition « bassin hydrographique » in the French version by striking out "tout autre cours d'eau" and substituting "toute autre eau réceptrice";



(c)               by adding the following definition in alphabetical order:



"wetland" means land that



(a)               either periodically or permanently, has a water table at, near or above the land's surface or that is saturated with water, and



(b)               sustains aquatic processes as indicated by the presence of hydric soils, hydrophytic vegetation and biological activities adapted to wet conditions.



2                           Subparagraph 14(5)(b)(i) of the Act is amended by striking out "Property Identifier Numbers" and substituting "parcel identifier numbers".



3                           Subsection 14.1(4) of the Act is amended by striking out "Property Identifier Number or Numbers" and substituting "parcel identifier number or numbers".



4                           Section 15 of the Act is amended



(a)               in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:



15(1)               A person planning a hydro-electric power project, a control dam, a river diversion, a drainage diversion or any other project or structure that alters a watercourse or a wetland or diverts all or part of a watercourse or the water flowing in a watercourse or a wetland shall, before undertaking or proceeding with the project,



(b)               by repealing subsection (2) and substituting the following:



15(2)               The owner of a project or structure referred to in subsection (1) or any other structure that lies within or crosses all or part of a watercourse or wetland shall maintain the project or structure in good repair at all times.



5                           Section 40 of the Act is amended



(a)               in paragraph (a.1) by striking out "paragraph (d)" and substituting "paragraph (e) or (h)";



(b)               by repealing paragraph (o) and substituting the following:



(o)               regulating, controlling, prohibiting, directing or providing for river diversions, drainage diversions or alterations or diversions of all or part of a watercourse or wetland or the water flowing in a watercourse or wetland;



(c)               in paragraph (q) by striking out "a watercourse" and substituting "a watercourse or wetland".



Consequential amendments

6                           Section 15 of An Act to Amend the Clean Water Act, chapter 26 of the Acts of New Brunswick, 2002, is repealed and the following is substituted:



15                        Section 15 of the Act is amended by adding after subsection (3) the following:



15(4)               Where a watercourse or wetland alteration or the work associated with it is not commenced, made or carried out in compliance with this Act, the regulations, the terms and conditions imposed on any permit that may have been issued for the alteration or any order, direction or demand of the Minister, the Minister may order the person to whom the permit is issued, or if no permit is issued, the person commencing, making or carrying out the alteration



(a)               to cease and desist from further work of commencing, making or carrying out the alteration,



(b)               to remove the alteration and any building, structure, works and chattels used to commence, make or carry out the alteration,



(c)                to do or cause to be done such things as are considered necessary by the Minister to make the alteration conform to this Act, the regulations, the terms and conditions imposed on any permit that may have been issued and any order, direction or demand of the Minister, or



(d)               to do or cause to be done such things as are considered necessary by the Minister to render the alteration in good repair.



15(5)               Notwithstanding subsection 4(8), if the Minister is satisfied that it is in the public interest that



(a)               a watercourse or wetland alteration, or



(b)               a structure or thing that lies within or crosses a watercourse or wetland,



be removed from the watercourse or wetland and the owner cannot, in the Minister's opinion, be ascertained, the Minister may order the removal of the alteration, structure or thing at the expense of the Province.




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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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