User:TDH2013/New Brunswick Environmental Impact Assessment

New Brunswick Environmental and Heritage Acts

The province of New Brunswick has created and implimented various Acts, such as the Clean Environment Act, Clean Air Act,and the Clean Water Act, througout history to ensure that the environment is considered and protected throughout various project. These acts describe the process that will be undertaken to assess the impact of projects, and the steps to be taken when certain situations arise. These acts as well as other Acts, such as the Heritage Conservation Act, also ensure that cultural hertiage is protected.

Environmental Acts

On a general scale, enviromental Acts are enacted by the Minister of Environment and require anyone who is disposing a contaminant to first recieve approval from the Minister. These Acts give the Minister the power to control and/or stop the disposal of contaminants, and the ability to enforce laws that requrie individual to clean up contaminated site. within these Acts are the regulations on how to apply and recieve approval. Within each act there are various smaller acts that are directed at specific aspects of the environment or how to deal with specific contaminants. In total, within this legislative framework there are 7 statues and 19 regulations.

Within the Clean Environment Act, the Clean Air Act, and the Clean Water Act, there exists an Appeal Regulation that allows an individual to appeal the Ministers decision within 15 days of the inital judgement. The appealant must submit to the Minister a document outlining the reasons for the appeal and any supporting documents within 30 days of making the appeal.

Clean Environment Act

The Clean Environment Act contains many regulations that are centred for dealing with materials and actions that can contaminate the physical environment. It includes above and below surface level.

Environmental Impact Assessment

New Brunswick’s Environmental Impact Assessment Regulation 87-83 was established in 1987. The Minister of the Department of the Environment and Local Government are responsible for over seeing it and it falls under the Clean Environment Act. Implemention of the regulation is the responsibility of the Project Assessment Branch.

Types of Review

Determination Review

All proposed projects that meet the criteria listed in Schedual A (see Triggers below) must undergo a Determination review. The purpose of a determination review is to evaluate and determine the environmental issues and concerns associated with the proposed project.

The first step of the determination review is for the propent to submit an outline that describes the project in detail, the existing enviromental problems or concerns for that area, the potentional environmental issues that may araise during the project, the action plan for if problems do occur that will eliminate or reduce the environmental impact. Once the outline is submitted it is presented to the public for consultation. The next step is for it to undergo a technical review, which is done by the Project Assessment Branch of the Department of the Environment and Local Government alongside a Technical Review Committee (TRC) which is comprised of experts from various federal and provincial departments. Depending on the project location, experts may also be involved from municipalities or the District Planning Committee. The last step is to submit all the documents to the Minister. The minister then issues one of three actions:

1. Approval- the proposed project can continue forward

2. Denied- the proposed project is denied. It can not move move forward. The proponent needs to reassess the project.

3. Further study needed- the proposed project must undergo further study. It will be submitted for a Comprehensive review.

Comprehensive Review

A comprehensive review takes place when the Minister decides that a proposal submitted for determination review needs further study. After announcing this decision he must release Draft Guidelines to publice within 60 days for review and input. These guidelines outline what the purpose of the review is, and the speific aspects and issues that are to be considered. After the public has had a chance to give input the revised proposal and suggestions are given back to the propenent. The proponent resonds to the changes and suggestions, and submits a draft of the revised project to the Minister. After persuing the draft the Minister submits a recommendation to the Lieutenant-Govenor-in-Council for approval or denial.

Schedual A (Triggers)

(a)all commercial extraction or processing of a mineral as defined in the Mining Act;

(b)all electric power generating facilities with a production rating of three megawatts or more;

(c)all water reservoirs with a storage capacity of more than ten million cubic metres;

(d)all electric power transmission lines exceeding sixty-nine thousand volts in capacity or five kilometres in length;

(e)all linear communications transmission systems exceeding five kilometres in length;

(f)all commercial extraction or processing of combustible energy-yielding materials, except fuel wood;

(g)all offshore drilling for, or extraction of, oil, natural gas or minerals;

(h)all pipelines exceeding five kilometres in length, except

1. (i)water, steam or domestic waste water pipelines, and
2. (ii)pipelines or pipe lines that are the subject of an application under the Gas Distribution Act or the Pipe Line Act;

(i)all causeways and multiple-span bridges;

(j)all major highway projects involving either a significant length of new highway alignment or a major upgrading or widening of an existing highway resulting in a change in its intended use or classification;

(k)all facilities for the commercial processing or treatment of timber resources other than fuel wood, except maple sugaries, shingle mills and sawmills producing less than one hundred thousand foot board measure annually;

(l)all programs or commercial ventures involving the introduction into New Brunswick of plant or animal species which are not indigenous to New Brunswick;

(m)all waste disposal facilities or systems;

(m.1)all disposal, destruction, recycling, reprocessing or storage of waste that originates outside New Brunswick and all facilities or systems for the disposal, destruction, recycling, reprocessing or storage of such waste;

(n)all sewage disposal or sewage treatment facilities, other than domestic, on-site facilities;

(o)all provincial or national parks;

(p)all major recreational or tourism developments, including developments which consist of changing the use of land so that it is used for recreational or tourism purposes;

(q)all ports, harbours, railroads or airports;

(r)all projects involving the transfer of water between drainage basins;

(s)all waterworks with a capacity greater than fifty cubic metres of water daily;

(t)all major residential developments outside incorporated areas;

(u)all enterprises, activities, projects, structures, works or programs affecting any unique, rare or endangered feature of the environment;

(v)all enterprises, activities, projects, structures, works or programs affecting two hectares or more of bog, marsh, swamp or other wetland;

(w)all facilities for the processing of radioactive materials

Petroleum Product Storage and Handling Regulations

These regulations provide guidelines on the standards that must be met when desinging and constructing petroleum storage tanks. Theses regulations recquires individuals to register and liscence a storage system that has a hold capacity of two thousand litres or more. The fees for liscencing is between $10 and $500 a year depending of the type of liscence needed. Within this regulation is also the requirements that an individual must fulfill in order to be liscenced for installing petroleum systems.

New Brunswick Tire Stewardship Regulations

The Tire Stewardship Regulations establishes the New Brunswick Tire Stewardship Board, who run the stewardship program outlined and approved by the Minister of Environment. In total, the board and regulations are responsible for the collection and disposal of used tires.

Regional Solid Waste Commissions Regulation

These regulations outline the financial management, auditing, and reporting procedures recquirements in relation to solid waste commissions. They also outline what commisions may accept and provide service in regards to solid waste management.

Water Quality Regulation

The Water Quality Regulation largely applies to industrial operations. It provides guidelines for applicants to follow before submitting their project for approval to the Minister. Once the project is submitted it undergoes an environmental review. If approval is granted, the applicant will be given conditions to follow that will control construction and operating actvities and the amount of contaminants which the facility may dispose of.

Clean Air Act

The Clean Air Act is the most recently created Act and it expands off the Clean Environment Act and the Clean Water Act. It allows for increased public opinion for reviews that relate to projects and contracts involving air emmissions.

Air Quality Regulation

The Air Qulaity Regulation operates in a similar way to the Water Quality Regulation. It outlines how to submit your plan for approval and the guidelines that will have to be followed if approval is given. It controls how much of a contaminate the facility will be allowed to release into the air.

Ozone Depleting Substance Regulation

This regulation controls and places restrictions on substances which have a damging effect on the the stratospheric ozone layer. The regulation strives to prevent the release of the damaging substances by enforcing restrictions on how to dispose of and recycle the substance as well as controling what the substances are used for. All technicians that will be handling the substances, or performing work on machines that contain the substances must undergo a ODS certification course. Both the provincal and federal government play a part in this regulation. The provincal govenrment has the responsibility of controling the use of the substances, while the federal government is in control of the manufacturing, importing, and exporting of the substances. Within this regulation is a support on both the national and international level to allow the recovery of the ozone layer by eliminating the use of all harmful substances.

Administrative Penalties Regulation

The Administrative Penalties Regulation provides guidelines for what penelaties may be imposed for offences that are listed within the regulation. The degree of the penalty is determined by various factors, such as the amount of steps that were taken prevent the offence and the history of the individual in regards to past offences. The penalty is usually delivered in the form of a fine ranging from $200 to $5000. A individual may only pay a penalty for offences that are similar in nature three times before other enforcement actions will be taken.

Clean Water Act

Fees for Industrial Approvals Regulation

Once a facitilty/project has approval under the Water Quality Regulation, this regulation will impose on them an annual fee ranging from $100 to $42,000.

Portable Water Regulation

The Portable Water Regulation ensures that any water intended for human consumption meets the quality standards established by the Department of Environment and the Department of Health and Community Services. Within this regulation are guidelines for well drillers which makes the testing of potability in newly consructed wells mandatory. It also ensures that public water is tested on a regular schedual and that the resulats of the test are submitted to the Minister of Health and Community Services.

Water Well Regulation

Related to the Portable Water Regulation, the Water Well Regulation provides standards that must be met when constructing new wells. It also outlines the requirements that must be met in order to obtain a permit, fees that will neede to be paid, how to get a well drillers certificate. It makes it mandatory to report to the Minister the rate of yeild of a well.

Protected Area Designation Order

The Protected Area Designation Order is also referred to as the Water Course Setback Designation Order. It was designed to protect the surface water by establish 'protected areas' consisting of the area 75 metres from streams, lakes, ponds, and so on that are used for public drinking. It controls how the land within those areas is used and prevents the disposal of contaminats in the area.

Protected Area Exemption Regulation

This regulation was created so as to provide criteria whereby exemptions for the Protected Area Designation Order may be issued.

Watercourse Alteration Regulation

A watercourse is defined in this regulation as anything that contains water, such as lakes, streams, rivers and ponds. The purpose of the regulation is to protect these areas from activities that will cause unnecessary harm that affects the function of the watercourse. Individuals wishing to perform an activity that could cause unnecessary harm, such as building a bridge or cuttting trees with 30 metres of the watercourse, must first obtain permission in the form of a permit from the Minister. This permit will outline what may be done, how it may be done, and the time of the year that it is allowed to be done. There are limitations to this regulation, such as that it does not apply to areas where a large river meets the ocean, such as below the Reversing Falls on the Saint John River.

Environmental Trust Fund Act

The Environmental Trust Fund Act established a fund which can be used for a various things which are outlined within the act, such as promoting sustainable development, education about the environment, and convservation. The funds are gained through the saving of part of the fees collected under the Beverage Containers Act and donations. This act recquires the Minister of Environment to desiginate a board to advise him/her on how the fund should be used.

Pesticide Control Act

The Pesticide Control Act was created to regulates the use and disposal of peticides in an appropriate and approved of manner.

General Regulation

There are a limited amounts of pesticides that have been approved for use in New Brunswick. In order to sell these pesticides the companies must hold a Pesticide Vendor's License, and companies that offer services in regards to the use of pesticides must have a Pesticide Operator's License. These companies offering services involved with pesticide must hold a permit issued by the Minister of Environement, and each emplyee must have appropriate training and certification as listed out in this regulation. If the company is offering their service for applying pesticed from an aircraft, or to water, they must hold a seperate Pesticide Use Permit. A Private Pesticide Applicator's Certificate is needed for an individual who wish to apply a pesticide to their own land or employer's land.

Unsightly Premises Act

The Unsightly Premises Act establishes guildelines surrounding the up keep of property. It prohbits individuals from allowing their property to overcome by garbage and appear unsightly to the general public. It outlines how the property owner should be notified the approved methods for enforcing the Act.

Beverage Containers Act

The Beverage Containers Act contains the guidelines on how to establish and maintain the deposit/refund system for beverage containers.

General Regulation

Under the General Regulation are the requirements surrounding the size and labelling of the containers. It establishes the procedures at recycling plants, also known as Redeption Centres, about how they are to operate, fees, and how/how much of the fees are to be sent to the Environmental Trust Fund..

Heritage Conservation Act

The Heritage Conservation Act replaces 2 early pieces of legislation and is aimed at protecting and perserving cultural heritage. The Act establishes that the province has ownership of all "archaeological, palaeontological and burial site heritage objects in New Brunswick". If the object is of Aboriginal origin it is to be 'held in trust' on behalf of the Aboriginal communities.".

The Act provides guidelines and standards on how professional research is to be conducted, and how the management of objects is to be done. There are also guidelines regarding how amature researchers can participate and gain approval for specific type of heritage exploration.

Within the Act in support for direct involvement from citizens, organizations, and stakeholders in the designation, preservation, and documentation of sites and objects for the benefit of future generations.". The Act also allows for municapalities to establish their own heritage conservation areas and to have control of enforcing regulations regarding those areas.

Included in this Act is a clause that enforces the mandatory reporting of all possible descoveries of heritage objects to the provincial authority. It outlines regulations of heritage impact assessment, and "prohibits the alteration of any heritage place in the Province without specific government approval".

Burial Grounds

A specific piece of the Heritage Conservation Act deals with the issue of burial grounds. In New Brunswick most burial grounds are covered under the Cemetary Companies Act, but there are exceptions such as family plots,and ancient and abandoned plots, which are instead covered in the burial grounds section of the Heritage Conservation Act.

The Act is aimed at protecting these burial sites. A burial site is defined as any plce containing human remains and/or their associated objects. The discovery of such a site must be reported to the Heritage Branch of the Department of Wellness, Culture and Sport as soon as possible specificing the location, and date and time it is discovered. Upon this reporting it will be reviewed by the Minister of Wellness, Culture, and Sport who will then make a decesion as to whether or not to impliment procedures to the protect the site.

Through this Act it is illeagal for anyone to alter or disturb a burial ground or object. If an individual wishes to participate in hertiage conservation in a burial ground, they may do so by obtaining a permit and following the specifications that come with it.

External links

• example.com