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Pockwock Lake 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
N.S. Reg. 12/95, December 21, 1994

Canada
Province of Nova Scotia
In the Matter of: The Water Act, being Chapter 500 of the Revised Statutes of Nova Scotia, 1989;
- and -
In the Matter of: The designation of portions of the Pockwock Lake Watershed, as a Protected Water Area, situated in the Counties of Halifax and Hants, Province of Nova Scotia, and the regulation of activities therein.

Order

I. Whereas subsections (1) and (2) of Section 16 of Chapter 500 of the Revised Statutes of Nova Scotia, 1989, the Water Act, provide:

16 (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.

II. And whereas the Halifax Water Commission ("the Commission"), as the "Operator" of the Pockwock Lake water works, by motion dated the 28th day of May, 1992, requested the Minister of the Environment to designate an area of the Pockwock Lake watershed as a Protected Water Area and to enact regulations respecting activities therein;

III. And whereas all forestry operations and activities in the area to be designated are covered by a Forest Utilization Agreement signed by the Province of Nova Scotia and Elmsdale Lumber Company Limited dated the 29th day of June, 1989, as amended and renewed, administered by the Department of Natural Resources and that this Order will supplement the objective of the Forest Utilization Agreement to supply water undiminished in quality and quantity from the Pockwock Lake watershed;

IV. And whereas the Halifax Water Commission Act, S.N.S. 1963, c. 55, as amended (Halifax Public Service Commission Act), regulates certain activities on any lake or tributary forming part of the water system of the Commission, and that this Order will supplement the Halifax Water Commission Act for the purpose of protecting the Pockwock Lake Watershed;

Now therefore:

Part I - Designated Area

Witnesseth that the Undersigned, the Minister of the Department of the Environment for the Province of Nova Scotia, pursuant to subsection (1) of Section 16 of the Water Act, hereby

(a) designates an area of land and the water therein, situate at or near the Pockwock Lake, in the Counties of Halifax and Hants, Province of Nova Scotia, as a Protected Water Area for the water works constructed and operated by the Halifax Water Commission, the said area of land being more fully described in Schedule "A" and more fully shown on a plan marked Schedule "B", with schedules attached to and forming part of this Order; and

(b) approves the name of the said Protected Water Area to be the "Pockwock Lake Watershed Protected Water Area".

Part II - Regulations

And further witnesseth that the Undersigned, pursuant to subsection (2) of Section 16 of the Water Act, does hereby order:

(a) that every person shall protect the quality of water in Pockwock Lake, Lacey Mill Lake, Bottle Lake, Island Lake, and all streams, lakes and other watercourses in the Pockwock Lake Watershed Protected Water Area so that the water therein may continue to be used as a potable water supply by the Halifax Water Commission, its successors and assigns; and

(b) that the following terms and conditions shall apply within the Protected Water Area pursuant to subsection (2) of Section 16 of the Water Act.

Citation
1 These regulations shall be cited as the Pockwock Lake Watershed Protected Water Area Regulations.

Definitions
2 In this Order

(a) "Act" means the Water Act, R.S.N.S. 1989, c. 500 [Environment Act], and regulations made pursuant thereto;

(b) "administrator" means a person employed by the Department and appointed by the Minister under Section 16 of this Order;

(c) "biocide" means a substance capable of killing living organisms that is not registered as a pest control product and includes a toxic chemical;

(d) "Commission" means the Halifax Water Commission, operator of the water works, its successors and assigns;

(e) "Committee" means the Pockwock Watershed Management Committee established to provide advice to the Minister and the Commission with respect to the management of the Pockwock Lake Watershed with a membership made up of representatives of Nova Scotia Departments of Environment and Labour and Natural Resources and the Halifax Water Commission;

(f) "Department" means the Department of Environment;

(g) "grab sample" means a sample collected at a time and place which represents only the composition of the source at that particular time and place;

(h) "Minister" means the Minister of the Department of Environment;

(i) "pest control product" means a pest control product defined in the Pest Control Products (Nova Scotia) Act, R.S.N.S. 1989, c. 341 [Act], as amended from time to time;

(j) "Protected Water Area" means the land and water areas designated as the Pockwock Lake Watershed Protected Water Area shown more fully described in Schedule "A" and shown on the plan marked Schedule "B";

(k) "vehicle" means any vehicle propelled or driven otherwise than by muscular power, whether or not the vehicle is registered pursuant to the Motor Vehicle Act;

(l) "vessel" means a means of conveyance of a kind used on water and includes any accessory to the vessel;

(m) "watercourse" means a watercourse as defined in the Water Act or any statute which replaces the Water Act.
[Note: the references to the Department in clauses (f) and (h) 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.]

Public notification
3 (1) In consultation with the Department, the Commission shall post signs at appropriate locations to provide notice to the general public that Pockwock Lake Watershed has been designated as a Protected Water Area.

(2) The Commission shall replace any signs posted under subsection (1) which have been damaged or have been removed.

(3) The Commission shall take appropriate measures to advertise and provide notice to the general public of these regulations.

(4) No person shall remove or alter any sign, notice, or advertisement posted under these regulations.

Fire restrictions
4 (1) No person shall light or be responsible for an open fire in the Protected Water Area from April 1st to October 31st, inclusive, in any year.

(2) No person involved in a forestry operation or activity within the Protected Water Area shall fail to comply with Chapter 179 of the R.S.N.S. 1989, the Forests Act, and regulations made pursuant thereto, including the Forest Fire Protection Regulations, as amended from time to time.

Vehicle and vessel restrictions
5 (1) No person shall wash a vehicle in any watercourse or within sixty (60) metres of the shoreline or bank of any watercourse located within the Protected Water Area.

(2) No person shall at any time operate a vessel of any kind on, through, or over Pockwock Lake, Lacey Mill Lake, Bottle Lake, Island Lake, or any watercourse in the Protected Water Area unless authorized by the Commission.

(3) No person shall at any time operate a vehicle, including an off-highway vehicle as defined in the Off-highway Vehicles Act, R.S.N.S. 1989, c. 323, or any type of recreational vehicle on, through, or over Pockwock Lake, Lacey Mill Lake, Bottle Lake, Island Lake, or any watercourse in the Protected Water Area.

(4) No person shall fill a gasoline tank or transfer any liquid fuel from tank to tank on or within sixty (60) metres of the shoreline or bank of Pockwock Lake, Lacey Mill Lake, Bottle Lake, Island Lake, or any watercourse within the Protected Water Area.

(5) Any machinery leaking gas, oil or other fluids shall not be operated until properly repaired.

Lake and watercourse restrictions
6 No person shall swim, bathe, wash, or cut ice at any time in any lake or any tributary to Pockwock Lake, or any watercourse which is located within the Protected Water Area.

Fishing restrictions
7 (1) No person shall fish at any time from a vessel on any lake or watercourse in the Protected Water Area.

(2) No person shall fish from the shoreline or bank of any lake or watercourse within the Protected Water Area.

Forestry restrictions
8 (1) No person shall construct a bridge, culvert or otherwise alter a watercourse within the Protected Water Area unless a permit or approval is issued by the Minister or a person designated by the Minister which shall only be issued following consultation with the Committee.

(2) No owner, operator or person responsible for a forest access road, bridge or culvert approved under subsection (1) shall

(a) fail to maintain or repair the same; or

(b) remove a bridge or culvert without the prior written approval of the Minister or a person designated by the Minister.

Pest control products and biocide restrictions
9 No person shall spray or otherwise apply a pest control product or biocide, including but not limited to, an insecticide, herbicide, or fungicide, within the Protected Water Area.

Discharges prohibited
10 No person shall deposit, release, discharge, drain, or emit or cause or permit the deposit, release, discharge, drainage or emission of oil, petroleum products, soap, detergent, a toxic chemical, pest control product waste, garbage, litter, solid or liquid waste, or any other matter or substance that causes or may cause an adverse effect to a watercourse or any other area within the Protected Water Area.

Landfill prohibition
11 No person, including a municipality, shall establish a dump, landfill or waste disposal site within the Protected Water Area.

Corridor restriction
12 No road, pipeline, railway, telephone line, power line or other linear development shall be constructed on, over or across the Protected Water Area or an easement granted thereupon following proclamation of these regulations unless the same is approved in writing by the Minister or person designated by the Minister following consultation with the Committee.

Soil erosion and sedimentation control
13 (1) No person shall at any time undertake any activity that causes or might cause soil erosion resulting in sedimentation of a watercourse located within the Protected Water Area.

(2) Where sedimentation occurs, no operator or person responsible shall fail to undertake immediate action to install erosion and sediment control measures, and to notify the Commission immediately.

(3) No person shall at any time permit water which has a suspended solid concentration greater than 50 milligrams per litre (grab sample) to discharge from any area located within the Protected Water Area.

(4) No person shall commence any activity requiring grubbing and earth moving within the Protected Water Area unless that person develops an erosion and sedimentation control plan which has been approved in writing by the Administrator following consultation with the Committee.

Road construction restrictions
14 (1) No person shall undertake any road construction work in the Protected Water Area unless the work is conducted between June 1 and September 30, inclusive, in any year.

(2) No person shall expose at any time more than 1900 square metres of roadway subbase in the Protected Water Area.

Approval requirements
15 (1) No person shall fail to obtain any municipal, provincial, or federal approvals which may be required to conduct any type of operation or do any activity within the Protected Water Area.

(2) No activities shall be allowed within the Protected Water Area that would or might impair water quality.

Appointment of administrator
16 The Minister may appoint an employee in the Department as an Administrator to administer, on behalf of the Minister and the Department, the provisions of this Order.

Dated at Halifax, in the County of Halifax, Province of Nova Scotia, this 21st day of December, 1994.

Signed: Robert S. Harrison
Honourable Robert S. Harrison
Minister of the Environment


Schedule "A" - Description
Pockwock Lake Watershed Protected Water Area
Halifax and Hants Counties, Nova Scotia

All that certain tract of land situate, lying and being in the District of Pockwock Lake in the Counties of Halifax and Hants, Province of Nova Scotia and being those lands outlined in boldline on a plan No. 70-377-0 entitled "Compiled Plan of Pockwock Lake Watershed Protected Water Area" prepared by Servant, Dunbrack, MacKenzie and MacDonald Ltd., dated July 25, 1994, by Granville Leopold, N.S.L.S. and being described as follows:

beginning on the northwestern ordinary high water mark of the Sackville River at its intersection with the southwestern boundary of the Public Highway (Route No. 101) between Bedford and Windsor;

thence southwesterly, southerly and southeasterly following the various courses of the said ordinary high water mark of the Sackville River for a distance of 1680 feet, more or less, to the intersection of the southwestern ordinary high water mark of said Sackville River with the southeastern boundary of Crown Grant No. 12064. Said point of intersection being distant 983.78 feet on a bearing of S 05 45' 12" E from the place of beginning;

thence S 29 24' 15" W, 3.0 feet along the southeastern boundary of the said Crown Grant No. 12064 to survey monument No. H-6052;thence S 29 24' 15" W, 6422.72 feet continuing along the southeastern boundary of said Crown Grant No. 12064 and the southeastern boundary of Crown Grant No. 10927 to an angle in said crown Grant No. 10927, being survey monument No. H-6053;

thence S 60 29' 00" E, 603.47 feet along a northeastern boundary of said Crown Grant No. 10927 to survey monument No. H-6054 at an eastern corner of said Crown Grant No. 10927;

thence S 29 59' 38" W, 1984.65 feet along a southeastern boundary of said Crown Grant No. 10927 to survey monument No. H-6055 at the most southern corner of said Crown Grant No. 10927;

thence N 60 29' 00" W, 1974.22 feet along the southwestern boundary of the said Crown Grant No. 10927 and the prolongation thereof to survey monument No. H-6056 on the southeastern boundary of Crown Grant No. 10766;

thence S 27 07' W, 1925.04 feet along the southeastern boundary of said Crown Grant No. 10766 to survey monument No. H-6057;

thence S 29 12' 35" W, 1247.88 feet along the southeastern boundary of said Crown Grant No. 10766 and Crown Grant No. 21075 to survey monument No. H-6058;

thence S 31 06' 39" W, 423.15 feet along the southeastern boundary of said Crown Grant No. 21075 and Crown Grant No. 702 to survey monument No. H-6059;

thence S 32 06' 44" W, 988.07 feet along the southeastern boundary of said Crown Grant No. 702 to survey monument No. H-6060;thence S 29 48' 45" W, 992.78 feet along the southeastern boundary of Crown Grant No. 8162 to survey monument No. H-6097;

thence S 29 34' 40" W, 2644.04 feet along the southeastern boundary of said Crown Grant No. 8162 and Crown Grant No. 12220 to survey monument No. H-6061;

thence S 28 41' 25" W, 1604.60 feet along the southeastern boundary of said Crown Grant No. 12220 to survey monument No. H-6062;

thence S 76 34' 02" W, 1340.91 feet to survey monument No. H-6063;

thence S 06 33' 13" W, 2537.85 feet to survey monument No. H-6064;

thence S 44 E, 170.96 feet to survey monument No. H-6065;

thence S 36 47' 56" W, 361.35 feet to survey monument No. H-6065A;

thence N 71 00' 10" W, 3785.12 feet to survey monument No. H-6070A;

thence N 50 00' 05" W, 400.0 feet to survey monument No. H-6077;

thence N 78 W, 1239.08 feet to survey monument No. H-6078. Said monument being distant 1661.24 feet on a bearing of S 22 57' 18" W from Nova Scotia Control Monument No. 646;

thence S 41 30' W, 958.93 feet to survey monument No. H-6079;

thence S 11 42' 00" E, 116.99 feet to survey monument (unnumbered);

thence S 41 30' 00" W, 422.63 feet;

thence S 19 54' 22" E, 331.95 feet to a point on the ordinary high water mark of the northern shore of Little Pockwock Lake;

thence southwesterly crossing the runs flowing into Little Pockwock Lake from Pockwock Lake by the shortest distance to the ordinary high water mark of the western shore of Little Pockwock Lake and continuing southerly, westerly and southwesterly following the ordinary high water mark of Little Pockwock Lake for a distance of 1480 feet, more or less, to a point thereon being distant 1141.19 feet on a bearing of S 23 17' 00" W from the last mentioned point on the ordinary high water mark of the northern shore of Little Pockwock Lake;

thence N 42 W, 51.72 feet to survey monument No. H-6083;thence N 42 W, 593.28 feet to survey monument No. H-6084;

thence S 43 W, 680.17 feet to survey monument No. H-6085;

thence S 83 W, 726.0 feet to survey monument No. H-6086;

thence N 35 W, 1120.0 feet to survey monument No. H-6087;

thence S 31 W, 2440.0 feet to survey monument No. H-6088;

thence N 88 W, 1054.78 feet to survey monument No. H-6089 on the western boundary of Crown Grant No. 6804;

thence N 16 12' 02" W, 3208.32 feet along the western boundary of said Crown Grant No. 6804 to survey monument No. H-6090 at the northwestern corner of said Crown Grant No. 6804;

thence THENCE N 86 25' 38" E, 799.89 feet along the northern boundary of said Crown Grant No. 6804 to survey monument No. H-6091;

thence N 37 59' 59" W, 1355.88 feet to survey monument No. H-6092 on the western boundary of Crown Grant No. 21839;

thence N 16 05' 47" W, 1137.34 feet along the western boundary of said Crown Grant No. 21839 to survey monument No. H-6093. Said monument being on the southwesterly prolongation of the northwestern boundary of Crown Grant No. 1305 "B";

thence N 35 24' 16" E, 752.22 feet along said prolongation and the northwestern boundary of said Crown Grant No. 1305 "B" to survey monument No. H-6094 at the intersection of the herein described boundary with a western boundary of Crown Grant No. 8095;

thence N 06 29' 40" E, 1857.27 feet along the western boundary of said Crown Grant No. 8095 to survey monument No. H-6095;

thence N 82 43' 22" W, 2228.08 feet along the southern boundary of said Crown Grant No. 8095 to survey monument No. H-6096 at the southwestern corner of said Crown Grant No. 8095;

thence N 06 22' 08" E, 1281.30 feet along the western boundary of said Crown Grant No. 8095 to survey monument No. H-6098 at the intersection of the herein described boundary with the Halifax-Hants County line;

thence N 06 22' 08" E, 228.5 feet along a western boundary of said Crown Grant No. 8095 to survey monument No. H-4189;

thence N 88 05' 28" W, 530.34 feet to survey monument No. H-4188;

thence N 06 14' 42" W, 3543.23 feet to survey monument No. H-4187;

thence N 67 04' 28" W, 1119.99 feet to survey monument No. H-4186;

thence N 04 03' 27" W, 4259.15 feet to survey monument No. H-4185;

thence N 80 58' 14" E, 1650.09 feet to survey monument No. H-4184;

thence S 61 59' 58" E, 5939.96 feet to survey monument No. H-4183;

thence N 26 57' 08" E, 1779.95 feet to survey monument No. H-4182;

thence N 62 58' 08" E, 1979.54 feet to survey monument No. H-4181;

thence N 13 29' 14" E, 4620.46 feet to survey monument No. H-4180;

thence N 79 02' 01" W, 2309.99 feet to survey monument No. H-4179;

thence N 11 58' 27" E, 4518.70 feet to survey monument No. H-4178 at the most western corner of Crown Grant No. 297;

thence N 28 59' 23" E, 1639.73 feet along the northwestern boundary of said Crown Grant No. 297 to survey monument No. H-4177;

thence N 12 00' 31" W, 2699.47 feet to survey monument No. H-4176;

thence N 02 00' 24" W, 659.87 feet to survey monument No. H-4175;

thence N 41 00' 04" E, 1449.92 feet to survey monument No. H-4174;

thence N 16 59' 53" E, 1249.79 feet to survey monument No. H-4173;

thence N 33 00' 34" W, 919.83 feet to survey monument No. H-4172;

thence N 11 59' 56" E, 1390.71 feet to survey monument No. H-4171;

thence N 25 00' 24" W, 1389.76 feet to survey monument No. H-4170;

thence N 51 21' 13" E, 2265.03 feet to survey monument No. H-4169 on the southwestern boundary of the Public Highway (Route No. 101);

thence S 60 36' 01" E, 3160.55 feet along the southwestern boundary of said Public Highway (Route No. 101) to survey monument No. H-4168 at a point of curvature;

thence southeasterly on a curve to the right which has a radius of 5529.7 feet for a distance of 2153.44 feet to survey monument No. H-4167 at a point of curvature;

thence S 38 17' 15" E, 11602.79 feet along a southwestern boundary of said Public Highway (Route No. 101) to survey monument No. H-4166. Said monument being distant 277.15 feet on a bearing of S 58 55' 40" W from Nova Scotia Control Monument No. 624;

thence S 41 39' 36" W, 554.94 feet along a northwestern boundary of said Public Highway (Route No. 101) to survey monument No. H-4165;

thence S 38 18' 12" E, 553.20 feet along a southwestern boundary of said Public Highway (Route No. 101) to survey monument No. H-4164;thence S 79 19' 47" E, 831.94 feet along a southern boundary of said Public Highway (Route No. 101) to survey monument No. H-4163;

thence S 38 17' 15" E, 390.45 feet along a southwestern boundary of said Public Highway (Route No. 101) to survey monument No. H-6162 on the intersection of the herein described boundary with the Halifax-Hants County line;

thence S 38 17' 15" E, 5211.98 feet along a southwestern boundary of said Public Highway (Route No. 101) to survey monument No. H-6051;

thence S 38 17' 15" E, 3.0 feet along a southwestern boundary of said Public Highway (Route No. 101) to the place of beginning.

All bearings are referred to a modified transverse mercator grid, 3 zone.

Containing 12 003 acres, more or less, of land and land covered with water.
[Note: the map of the area may be viewed at the offices of the Department of Environment and Labour.]