Port Hawkesbury Watershed Protected Water Area Designation and Regulations

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This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
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Port Hawkesbury 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. 149/82 (May 27, 1982)
as amended by N.S. Reg. 116/85 (July 9, 1985)
Canada
Province of Nova Scotia
)
)
In the Matter of: The Water Act, being Chapter 335 of the Revised Statutes of Nova Scotia, 1967, and amendments thereto;
- and -
In the Matter of: Revised Boundaries of the Port Hawkesbury Watershed, a Protected Water Area.

The undersigned, the Minister of the Environment of the Province of Nova Scotia, pursuant to Section 17 of the Water Act, hereby orders that the area of land in the Counties of Inverness and Richmond, hereinafter described, which surrounds the source of water supply for a waterworks operated by the Nova Scotia Department of the Environment (formerly operated by the Nova Scotia Water Resources Commission), is now and hereafter designated as a Protected Water Area:

Port Hawkesbury Watershed

All those lands situated, lying and being in the Strait of Canso area, partly in the Counties of Inverness and Richmond; to be known as the Port Hawkesbury Watershed as shown outlined in red on Plan No. B-19-3E, filed in the Crown Lands Records, Department of Lands and Forests, Halifax and being more particularly described as follows: beginning at Geodetic Survey Control Monument "CRANDAL" situated on the northerly boundary of the King’s Road a distance of 1.7 miles from the intersection of Trunk No. 4 and King’s Road; thence south forty-seven degrees, thirty minutes, thirty seconds east (S 47° 30' 30" E) a distance of six thousand feet (6000.0') to a point;

thence south zero degrees, fifty-nine minutes, six seconds west (S 00° 59' 06" W) a distance of three thousand one hundred and seventy-one and four-tenths feet (3,171.4') to a point;

thence south eighty-nine degrees, zero minutes, fifty-four seconds east (S 89° 00' 54" E) a distance of one thousand five hundred and sixty-three and four tenths feet (1563.4') to an iron post with aluminum cap marked as number 2157 situated on the easterly boundary of Trunk No. 4;

thence southerly along the easterly boundary of Trunk No. 4 and the easterly boundary of Highway No. 104 to an iron post with aluminum cap marked as number 2156, said post being south zero degrees, zero minutes, fifty-two seconds west (S 00° 00' 52" W) a distance of five thousand twenty-eight and seven tenths feet (5028.7') from the last mentioned iron post number 2157;

thence south sixty-two degrees forty-six minutes, thirty-eight seconds east (S 62° 46' 38" E) a distance of two thousand eight hundred and seventy-five and two tenths feet (2,875.2') to a point;

thence southerly to a one-half inch iron bar situated on the southern boundary of the Canadian National Railway right-of way and marking the north west angle of lands reconveyed from the British American Oil Co. Ltd., to the Province of Nova Scotia as shown on plan of survey by John S. Pope, N.S.L.S., dated the 20th day of December, 1967 and recorded in the Crown Lands Records, Department of Lands and Forests, Halifax, Nova Scotia under plan No. B-19-3;

thence southerly and easterly following the westerly boundary of the aforementioned lands conveyed from the British American Oil Company Ltd. (as shown on Plan No. B-19-3) to Topographical Survey Monument No. 103, being a bronze plug in a concrete cylinder situated southerly 25 feet from the centre line of the Port Malcolm Road and a distance of 1.72 miles from the intersection of the Sunnyside and Port Malcolm Road;

thence north forty-three degrees, five minutes, nineteen seconds east (N 43° 05' 19" E) a distance of six thousand feet (6,000') to a point;

thence north thirty-five degrees, thirty-nine minutes, thirty-eight seconds west (N 35° 39' 38" W) a distance of six thousand, six hundred and thirty two and seven tenths feet (6,632.7') to a point;

thence north seventy-five degrees, twenty-two minutes, forty-five seconds east (N 75° 22' 45" E) a distance of two thousand, three hundred and seventy-seven feet (2,377.0') to a point;

thence south fifty degrees, fifty minutes, forty-two seconds east (S 50° 50' 42" [E]) a distance of five thousand two hundred and forty-eight feet (5,248.0') to a point;

thence north forty-three degrees five minutes nineteen seconds east (N 43° 05' 19" E) a distance of five thousand six hundred feet (5,600.0') to a point;

thence north fourteen degrees, one minute, forty-two seconds west (N 14° 01' 42" W) a distance of ten thousand four hundred and sixty-six and one tenth feet (10,466.1') to a point;

thence due east a distance of three thousand six hundred and sixty-five feet (3,665.0') to a point;

thence north 1 degree, thirteen minutes, three seconds west (N 01° 13' 03" W) a distance of three thousand three hundred and eighty-eight and eight tenths feet (3,388.8') to a point;

thence north nineteen degrees, twenty-nine minutes, twenty-four seconds west (N 19° 29' 24" W) a distance of four thousand and one hundred and thirty-nine and two tenths feet (4,139.2') to a point;

thence north sixty-eight degrees, eleven minutes, thirty-one seconds west (N 68° 11' 31" W) a distance of twelve thousand six hundred and forty-six feet (12,646.0') to a point;

thence north seventy-nine degrees, forty-three minutes, fifty-nine seconds west (N 79° 43' 59"W) a distance of seventeen thousand six hundred and thirteen and eight tenths feet (17,613.8') to a point standing on the easterly boundary of Trunk No. 105 (Trans Canada Highway); said point being S 79° 43' 59" E a distance of 22 feet from a bronze plug set in a boulder (3' x 5'); said boulder being a distance of 41.2 feet from the edge of pavement and a distance of 0.82 miles from the intersection of Long Stretch Road and Trunk No. 105;

thence southerly following the said easterly boundary of Trunk No. 105; south nine degrees, forty-four minutes, forty-two seconds west (S 09° 44' 42" W) a distance of two thousand six hundred and eleven and one tenth feet (2,611.1') to a point; said point being south sixty-four degrees twenty-two minutes, fifty-one seconds east (S 64° 22' 51" E) a distance of thirteen feet (13') from a bronze plug set in a concrete cylinder; said bronze plug being south nine degrees, thirty-two minutes, ten seconds west (S 09° 32' 10" W) a distance of two thousand six hundred and seven and eight tenths feet (2,607.8') from the aforementioned bronze plug;

thence south sixty-four degrees, twenty-two minutes fifty-one seconds east (S 64° 22' 51" E) a distance of four thousand and thirty-three and two tenths feet (4,033.2') to a point;

thence south one degree, thirty-two minutes, twelve seconds west (S 01° 32' 12" W) a distance of four thousand two hundred and eighty-eight and five tenths feet (4,288.5') to a point;

thence south forty-seven degrees, thirty minutes, thirty seconds east (S 47° 30" 30" E) a distance of three thousand and five and three tenths feet (3,005.3') to the place of beginning, containing 13,353 acres more or less;

all bearings being true bearings (astronomic) referenced to meridian 61° 30' west being the central meridian of zone 4 of the Nova Scotia 3° Transverse Mercator Projection;

for regulatory purposes the above described watershed has arbitrarily been divided into two sections "A" and "B";

Section "A" is described as being that portion of the watershed located north and northwest of Trunk Highway #4 and the Barberton Road;

Section "B" is described as being that portion of the watershed located south and southeast of Trunk Highway #4 and the Barberton Road.

Regulations

Section "B"

The Undersigned, pursuant to Section 17 of the Water Act, does hereby order that with respect to Section "B" of the Port Hawkesbury Watershed Area, the following regulations shall apply:

1. Bathing and boating are prohibited.   Fishing within the Port Hawkesbury Watershed is prohibited except from the shoreline of McIntyre Lake or from boats or vessels in McIntyre Lake which are not motorized and which are not powered by any electrical or mechanical means.
Section B, Number 1 amended: N.S. Reg. 116/85.

2. Skating and the use of motorized sleds on the ice is prohibited.

3. Hunting is prohibited.

4. The disposal of wastes of any kind is prohibited except in accordance with the provisions of the Water Act, the Environmental Protection Act [Environment Act] and the Health Act.

5. The use of biocides is prohibited.

6. The construction and maintenance of railways, highways, communication lines, power lines, waterworks, and other works of a like nature is prohibited except with the written permission of the Minister.

Section "A"

And the Undersigned further orders that with respect to Section "A" of the Port Hawkesbury Watershed Area, the following regulations shall apply:

1. The disposal of wastes of any kind is prohibited, except in accordance with the provisions of the Water Act, the Environmental Protection Act [Environment Act] and the Health Act.

2. The use of biocides is prohibited.

3. The construction and maintenance of railways, highways, communication lines, power lines, waterworks and other works of a like nature is prohibited except with the written permission of the Minister.

This Order supersedes that Order designating the Port Hawkesbury Watershed Area as a Protected Water Area issued by the Minister charged with the Administration of the Water Act and dated the 31st day of May, 1971.

DATED at the City of Halifax, in the Province of Nova Scotia, this 27th day of May, 1982.

Signed: Greg Kerr
Minister of the Environment
Province of Nova Scotia


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