Halifax Public Gardens Protection Act
CHAPTER 3 OF THE ACTS OF 1991
An Act to Protect
the Halifax Public Gardens
1 This Act may be cited as the Halifax Public Gardens ProtectionAct. 1991, c. 3, s. 1.
2 The purpose of this Act is to
(a) ensure that development in the protected area surroundingthe Halifax Public Gardens is not incompatible with the characterof the Halifax Public Gardens; and
(b) protect the Halifax Public Gardens and surrounding area foran interim period to enable the Province to develop provincialland-use policies applicable to the protected area pursuant to thePlanning Act. 1991, c. 3, s. 2.
3 (1) In this Act,
(a) "agreement" means a development agreement made pursuantto the Planning Act and includes an amendment thereto;
(b) "Council" means the Council of the City of Halifax; and
(c) "interim period" means the period beginning on the date thisAct comes into force and ending on
(i) the thirtieth day of June, 1993, or
(ii) the date of the adoption by the Governor in Council ofprovincial land-use policies applicable to the protected area pursuant to the Planning Act,
whichever is earlier;
(d) "Minister" means the member of the Executive Councilcharged with the administration of this Act;
(e) "permit" means a municipal development permit;
(f) "protected area" means the area described in the Schedule tothis Act.
(2) In this Act, words and expressions not defined herein have thesame meaning as in the Planning Act. 1991, c. 3, s. 3.
Restriction on development during interim period
4 (1) Notwithstanding the Planning Act or any planning strategyor land-use by-law made pursuant to that Act,
(a) no agreement for a development in the protected area shallbe entered into; and
(b) no permit for a development in the protected area pursuantto an agreement shall be issued,
during the interim period.
(2) This Section does not apply to an agreement or permit with respectto a development where
(a) the approval of the entering into of that agreement was madeby the Council before this Act comes into force; and
(b) any amendment to that agreement after this Act comes intoforce is made pursuant to a decision of the Nova Scotia MunicipalBoard. 1991, c. 3, s. 4.
Planning amendments during interim period
5 An amendment, adopted by the Council during the interim period,to a planning strategy or a land-use by-law has no force or effect withrespect to the protected area during the interim period. 1991, c. 3, s. 5.
Right of action where contravention
6 (1) In the event of any contravention of or failure to complywith this Act and in addition to or in lieu of any other proceedingsauthorized by law, the Minister may bring an action or other legalproceedings in respect thereof in the Trial Division of the Supreme Courtor in the county court for any or all of the remedies provided by thisSection or otherwise provided by law.
(2) Subsections (2), (3) and (4) of Section 120 and Sections 121 and122 of the Planning Act apply mutatis mutandis to this Act. 1991, c. 3,s. 6.
Conflict with other enactment
7 In the event of a conflict between this Act and any other Actincluding the Planning Act, a planning strategy or a land-use by-law, theprovisions of this Act prevail notwithstanding Section 130 of thePlanning Act. 1991, c. 3, s. 7.
8 No compensation is payable for anything done pursuant to this Act. 1991, c. 3, s. 8.
BEGINNING at the intersection of the centre lines of College Street and CarletonStreet in the City of Halifax, in the County of Halifax and Province of Nova Scotia;
THENCE northerly following the centre line of Carleton Street until it reaches thesouthern boundary of Camp Hill Cemetery;
THENCE continuing northerly in a straight line along the prolongation of the centreline of Carleton Street through the Camp Hill Cemetery to the centre line of JubileeRoad;
THENCE easterly along the centre line of Jubilee Road and its easterly prolongationto its intersection with the centre line of Summer Street;
THENCE along the centre line of Summer Street to a point where the centre line ofSummer Street is intersected by the prolongation of the southerly side of what is nowa paved lane leading easterly from Summer Street to Bell Road and located betweenlands of the City of Halifax now known as the Wanderers Grounds and lands onwhich the Nova Scotia Museum is now situate;
THENCE northeasterly along the prolongation of the southerly side of the said pavedlane and continuing along the southerly side of the said paved lane to a point wherethe southerly side of the said paved lane is intersected by the southwesterly sideline ofBell Road;
THENCE continuing in a straight line at right angles to the southwesterly sideline ofBell Road until the line intersects with the centre line of Bell Road;
THENCE southeasterly along the centre line of Bell Road and its southerlyprolongation to its intersection with the centre line of Sackville Street;
THENCE easterly along the centre line of Sackville Street to its intersection with thenortherly prolongation of the centre line of Dresden Row;
THENCE southerly along the centre line of Dresden Row to its intersection with thecentre line of Spring Garden Road;
THENCE westerly along the centre line of Spring Garden Road to its intersection withthe northerly prolongation of the centre line of Brenton Street;
THENCE southerly along the centre line of Brenton Street to its intersection with thecentre line of Brenton Place;
THENCE westerly along the centre line of Brenton Place and along its westerlyprolongation to the eastern boundary of Victoria Park;
THENCE westerly along the westerly prolongation of the centre line of Brenton Placethrough Victoria Park to the centre line of Tower Road;
THENCE northerly along the centre line of Tower Road to its intersection with theeasterly prolongation of the centre line of College Street;
THENCE westerly along the centre line of College Street to the place of beginning;
EXCEPTING THEREFROM the lot on which is situate the building known as CivicNumber 1491 Carleton Street.
1991, c. 3, Sch.