WATER (MINISTERIAL) AMENDMENT REGULATION
For information only: Made by the Minister of Environment and Parks (M.O.
48/2020) on December 3, 2020 pursuant to section 169(1) and (2) of the Water Act.
1 The Water (Ministerial) Regulation (AR 205/98) is
amended by this Regulation.
2 Section 3 is amended by repealing subsection (9) and
substituting the following:
(9) The placing, constructing, operating, installing, maintaining,
removing or disturbing of wetland replacement works, as defined in
the Code of Practice for Wetland Replacement Works, published by
the Department and as amended or replaced from time to time, are
designated as activities that do not require an approval if, and only if,
the activities are
(a) commenced,
(b) continued, and
(c) carried out
in accordance with the Code of Practice for Wetland Replacement
Works.
(10) The Code of Practice for Wetland Replacement Works referred
to in subsection (9) is adopted and forms part of this Regulation.
(11) In subsections (1)(c), (3)(c), (5)(c), (7)(c) and (9)(c), the term
"carried out" includes monitoring activities.
3 Section 2 of Schedule 1 is amended by adding the
following after clause (h):
(j) drilling or reclaiming an exploratory test hole, shot-hole or
borehole, except where the drilling or reclaiming
(i) is related to groundwater exploration or for the purpose
of a water well, or
(ii) is in a watercourse frequented by fish, a wet lakebed or
a wetland;
4 Section 1 of Schedule 3 is amended by adding the
following after clause (i):
(j) a diversion of water for the purpose of wetland restoration as
defined in the Code of Practice for Wetland Replacement
Works adopted in section 3(10);
(k) a diversion of water for the purpose of maintaining all of the
following with respect to an existing wetland:
(i) the quantity of water in that wetland;
(ii) the flow rate of water in or to that wetland;
(iii) the timing of the flow of water to that wetland;
(l) a diversion of water for the purpose of wetland construction
as defined in the Code of Practice for Wetland Replacement
Works adopted in section 3(10), except where the total
diversion of water is greater than 6250 cubic metres per year.