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Mill Lakes Watershed Protected Water Area - Designation and Regulations

made under subsections 106(5) and (6) of the
Environment Act
S.N.S. 1994-95, c. 1
October 24, 1986, N.S. Reg. 264/86

Canada )
Province of Nova Scotia)
In the Matter of:The Water Act, being Chapter 500 of the Revised Statutes of Nova Scotia, 1989, and amendments thereto;
- and -
In the Matter of:The Designation of a Protected Water Area in the Municipality of West Hants and the Regulating of Activities within the aforesaid Protected Water Area.

Whereas by an Order dated the 28th day of February, 1964, published in The Royal Gazette [Part I] on March 4, 1964, the Nova Scotia Water Authority defined and prescribed an area surrounding Mill Lakes in the County of Hants as a Protected Water Area;

And whereas included in the aforesaid Order was a list of activities the performance of which was prohibited within the Protected Water Area;

And whereas subsections (1) and (2) of Section 17 of the Water Act provide

17 (1) The Minister may by order designate an area surrounding any source of water supply for a water works as a Protected Water Area and thereupon the person operating a water works and using for it water from that source shall

(a) give notice that the area has been designated a Protected Water Area by publishing the order in a newspaper having circulation in the county in which the area is located and in the Royal Gazette;

(b) at the direction of the Minister post signs in the area indicating that it has been designated a Protected Water Area; and

(c) protect the source of water supply.

(2) The Minister may by order prohibit or regulate the doing of any act or acts in any area so designated that may impair the quality of the water in the source of water supply.

And whereas the hereafter described Protected Water Area surrounds the water supply for Windsor, in the County of Hants;

Now this Order witnesseth that the undersigned, the Minister of the Environment for the Province of Nova Scotia, pursuant to subsection (1) of Section 17 of the Water Act, hereby revokes the aforesaid Order dated the 28th day of February, 1964, and the area of land in the Municipality of the County of West Hants, hereinafter described, is now and hereafter designated a Protected Water Area.

Mill Lakes Watershed - Description

All that certain area of land situate, lying and being in the Mill Lakes areas, in the vicinity of the Town of Windsor, County of Hants, Province of Nova Scotia, said area of land being shown on plan number P-080/83A on file in the office of the Director of Surveys, Department of Lands and Forests [Natural Resources] in Halifax, and being more particularly described as follows:

beginning at Point "A" as shown on said plan number P-080/83A, said point being S6220'16"E a distance of 7737.67 feet from Nova Scotia Coordinate Monument number 8644 (said bearings and distances referred to herein are based on the Nova Scotia 3 Modified Transverse Mercator Projection, Zone 5, Central Meridian 6430' Longitude West);
from thence N3853'04"E a distance of 1698.56 feet to a Point "B";
thence S6810'33"E a distance of 1526.75 feet to Point "C";
thence S2805'16"E a distance of 3644.43 feet to Point "D";
thence S0731'26"W a distance of 1753.94 feet to Point "E";
thence S1433'44"E a distance of 4854.10 feet to Point "F";
thence S0628'45"W a distance of 2238.71 feet to Point "G";
thence S5302'22"W a distance of 11 595.16 feet to Point "H";
thence N5614'49"W a distance of 10 776.44 feet to Point "I";
thence N4504'07"E a distance of 9512.73 feet to Point "II";
thence N0836'56"E a distance of 2131.03 feet to Point "JJ";
thence N7330'38"E a distance of 2658.56 feet to Point "J";
thence N8537'05"E a distance of 2576.43 feet to Point "K";
thence N2535'19"E a distance of 2582.71 feet to the place of beginning containing 4394.515 acres.

Regulations

Now this Order further witnesseth that the undersigned, pursuant to subsection (2) of Section 17 of the Water Act, does hereby order that the following restrictions shall apply within the Protected Water Area hereinbefore described:

1. No person or Municipality shall establish any form of dump or waste disposal facility.

2. No person or Municipality shall deposit, release, discharge, drain or emit, or allow the deposit, release, discharge, drainage, or emission of gasoline, oils, petroleum products, toxic chemicals, pest control products, garbage, litter, solid or liquid waste or effluent, or any other waste products or material of any kind, into any well, lake, river, pond, spring, stream, reservoir or other water or water course, or onto any shore or bank thereof or into any place that may cause pollution or impair the quality of the water. These materials or waste products shall be safely disposed of outside the boundaries of the Protected Water Area, at a site established by the appropriate municipal authority and approved by the Nova Scotia Department of Environment and the Nova Scotia Department of Health and Wellness.
[Note: the reference to the Department of Health has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376.]

3. Swimming, bathing, washing, boating, fishing, snowmobiling or any other similar act is prohibited in or on any lake, river, pond, spring, stream, reservoir, or other water or water course provided, however, that the owners of land in the watershed area may fish, use row boats and canoes on Mill Lake and in the winter the use of snowmobiles is permitted on Mill Lake for the sole purpose of gaining access to their lands.

4. (a) Plans for construction of forest access roads must receive the approval of the Nova Scotia Department of Environment before construction of such roads begins.

(b) Logging or cutting of wood on woodlot areas shall be permitted provided good conservation and land erosion prevention policies, as prescribed by the Department of Natural Resources, are adhered to, and providing also that where there is cutting in excess of 50 000 board feet or 100 cords that the owner of the woodlot gives ten (10) days notice to the Department of Environment before such logging or cutting begins.

(c) The Department of Environment may place time restrictions or cutting restrictions on forest operations, and may issue directions for sediment control on any disturbed land in order to prevent pollution or impairment of water quality.

(d) No person or Municipality shall drive machinery or equipment through or across any water course or haul logs through or across any water course except at approved crossings.

5. The piling or accumulation of agricultural refuse or farm waste and wood processing waste including sawdust, bark, chips, [or] shavings is prohibited within six hundred and fifty metres of the bank of the Fall Brook reservoir and is prohibited within sixty-five metres of the bank of any lake, river, stream, spring, pond or any other water course.

6. The application and use of pest control products is prohibited without approval from the Nova Scotia Department of Environment.

7. No person or Municipality shall alter the natural features of any water course or the natural movement of water therein without a permit from the Minister of Environment as required by Section 17 of the Water Act.
[Note: The Water Act is repealed by the Environment Act, S.N.S. 1994-95, c. 1. Please refer to the Approval and Notification Procedures Regulations (N.S. Reg. 17/2013) and the Activities Designation Regulations (N.S. Reg. 47/95) made under the Environment Act.]

8. Plans for construction and maintenance of public roads, pipelines, railways, and powerlines must be approved by the Nova Scotia Department of Environment prior to the commencement of construction or maintenance work.

9. The operation or use of any pit, mine or quarry for extraction of gravel, rock or minerals in prohibited unless the owner or operator has applied for and received the approval of the Minister of Environment. The owner or operator of an approved pit, mine or quarry is required to comply with pit and quarry regulations issued by the Nova Scotia Department of Environment, or any other orders, permits, guidelines, [or] instructions issued for the operation, restoration or rehabilitation of pits and quarries as required under the Water Act or Environmental Protection Act [Environment Act]. Nothing in this Section shall prevent a woodlot owner from using granular material for maintenance of roads on his woodlot.

[Note: all references to the Department of Environment have been updated in accordance with Order in Council 2008-161 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2008.]