WATER (MINISTERIAL) AMENDMENT REGULATION
Water Act
December 23, 2020
301/2020
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.