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AR 45/74 THE SHERWOOD PARK WEST RESTRICTED DEVELOPMENT AREA REGULATION

(Consolidated up to 68/2008)

ALBERTA REGULATION 45/74

Government Organization Act

THE SHERWOOD PARK WEST RESTRICTED
DEVELOPMENT AREA REGULATIONS


1   These Regulations may be cited as the “Sherwood Park West Restricted Development Area Regulations”.

AR 45/74 s1

2   In these Regulations,

                                 (a)    “Area” means the Sherwood Park West Restricted Development Area established by section 3;

                                 (b)    “government agency” means

                                           (i)    a corporation that is an agent of the Crown in right of Alberta, or

                                          (ii)    any corporation, commission, board or other body empowered to exercise quasi‑judicial or governmental functions and whose members are appointed by an Act of the Legislature, the Lieutenant Governor in Council, or a Minister of the Crown, or any combination thereof;

                                 (c)    “Minister” means the Minister of Infrastructure;

                                 (d)    “surface disturbance” means

                                           (i)    the disturbance, exposure, covering or erosion of the surface of land in any manner, or

                                          (ii)    the degradation or deterioration in any manner of the physical surface of land,

for any purpose other than agriculture.

AR 45/74 s2;206/2001;105/2005;68/2008

3   The lands described in the Schedule attached to these Regulations are hereby established as a Restricted Development Area called the “Sherwood Park West Restricted Development Area”.

AR 45/74 s3

4(1)  No dispositions shall be made by any Minister of the Crown of any estate or interest in land of the Crown in the Area pursuant to the Public Lands Act, the Mines and Minerals Act or any other Act, without the written consent of the Minister of Infrastructure.

(2)  No Minister of the Crown or government agency, or other person authorized by the Municipal Government Act, the Land Titles Act, the Planning Act, Water Resources Act or any other Act to do so, shall grant any permission, whether termed as approval, consent, permit, license, certificate, order or otherwise, which would in the absence of this subsection empower the person to whom it is granted to do any act that will cause disturbance to the land within the Area, without the written consent of the Minister of Infrastructure.

AR 45/74 s4;206/2001;105/2005;68/2008

5(1)  No person shall conduct any kind of operations that are causing or are likely to cause a surface disturbance within the Area without the written consent of the Minister and, without limiting the generality of the foregoing, no person shall continue with or commence any excavation, construction or other activity that is causing or is likely to cause a surface disturbance incidental to or in connection with

                                 (a)    the surface or subsurface exploration activities undertaken prior to or incidental with surface or subsurface water developments; or

                                 (b)    the surface or subsurface exploration activities undertaken prior to or incidental with surface or subsurface mineral developments including coal, petroleum and natural gas development; or

                                 (c)    the drilling, operation or abandonment of a well; or

                                 (d)    the construction, operation or abandonment of a pipeline, battery, or mineral development including a coal, petroleum or natural gas processing plant; or

                                 (e)    the construction, operation or abandonment of a hydro electric or communications transmission line, road, railway or landing strip; or

                                  (f)    the excavation, operation or abandonment of a mine, quarry, pit or other working of the land surface; or

                                 (g)    the excavation, operation or abandonment of a surface or subsurface solid or liquid waste disposal development; or

                                 (h)    the subdivision of land for temporary or permanent residential, industrial, commercial or recreational purposes; or

                                  (i)    the construction of water impoundment, conveyancing and diversion structures; or

                                  (j)    the excavation and removal or that portion of the land surface, including mineral and organic soil, capable of supporting plant life;

without the written consent of the Minister.

(2)  A person who contravenes subsection (1) is guilty of an offense.

AR 45/74 s5

6   The Minister may give his written consent pursuant to section 5 for only those uses of the land surface which

                                 (a)    are compatible with the retention of the environment of the Area for agricultural purposes or the propagation of plant or animal life and, generally, the preservation of the environment of that Area, and

                                 (b)    do not have a detrimental or destructive effect on the land surface within the Area.

AR 45/74 s6

6.1   The Minister may, notwithstanding section 6, give his written consent pursuant to section 4 or 5 to the development and use of land for the purpose of

                                 (a)    confining to land within the Area

                                           (i)    any operation, activity, use, development or occupation of land

                                                 (A)    that adversely affects or is likely to adversely affect the quality or quantity of any natural resource, or

                                                  (B)    that destroys, disturbs, pollutes, alters or makes use of a natural resource or is likely to do so,

                                             or

                                          (ii)    any emission, discharge, noise or other environmental pollutant, or the source thereof, whether from any commercial, industrial or other operation, activity, use development or occupation of land,

                                     or

                                 (b)    separating

                                           (i)    any operation, activity, use, development or occupation of land

                                                 (A)    that adversely affects or is likely to adversely affect the quality or quantity of any natural resources, or

                                                  (B)    that destroys, disturbs, pollutes, alters or makes use of a natural resource, or is likely to do so,

                                             or

                                          (ii)    any emission, discharge, noise or other environmental pollutant, or the source thereof, whether from any commercial, industrial or other operation, activity, use, development or occupation of lands

from any operation, activity, use, development or occupation of adjacent land.

AR 219/80 s2

7(1)  The Minister

                                 (a)    is authorized to acquire by purchase or expropriation any estate or interest in any land within the Area;

                                 (b)    may order the removal of any buildings, improvements, materials or animals from the Area;

                                 (c)    may authorize the payment of compensation by the Crown to any person for loss or damage to that person as a result of the application of these Regulations to him.

(2)  Subject to subsection (3), the administration of land acquired under this section is hereby transferred to the Associate Minister of Public Lands and Wildlife.

(3)  The administration of those portions of land acquired under this section that consist of

                                 (a)    any area of the land on which a building is situated and any area of the land that is appurtenant to and necessary or convenient for the use and enjoyment of that building, and

                                 (b)    any area of land over which the Minister, for any other reason, deems it advisable that he have the power of administration

is hereby reserved to the Minister.

AR 45/74 s7;57/82

8   All of the provision of the Surface Rights Act are inapplicable to lands of the Crown within the Area.

AR 45/74 s8

9   All provisions of Part 3 of the Expropriation Procedures Act are inapplicable to lands of the Crown within the Area.

AR 45/74 s9

10   Any person who is guilty of an offence under these Regulations is liable on summary conviction

                                 (a)    for a first offence, to a fine of not less than $1,000 and not more than $10,000 and in default of payment to imprisonment for a term of not more than 120 days, and

                                 (b)    for a second or subsequent offence,

                                           (i)    in the case of a natural person, to imprisonment for a term of not less than one month and not more than six months, or

                                          (ii)    in the case of corporation, to a fine of not less than $10,000 and not more than $50,000.

AR 45/74 s10


Schedule   

Firstly:  All that parcel or tract of land, situate, lying, and being in the fifty‑first (51) township, twenty‑third (23) range, west of the fourth (4) meridian, in the Province of Alberta, Canada, and being composed of:

The west half of section thirty‑three (33), as shown on Plan 892 0406 showing survey for descriptive purposes of a right‑of‑way for a Transportation/Utility Corridor, containing one hundred and sixty (160) acres, more or less, within the northwest quarter of section 33; One hundred and forty (140) acres, more or less, within the southwest quarter of section 33; All that area southwest of Plan 892 0406 within the southwest quarter of section 33.

Secondly:  All those parcels or tracts of land, situate, lying, and being in township 52, range 23, west of the fourth meridian, in the Province of Alberta, Canada, and being composed of:

The west halves of sections 4, 9, 16, 21, 28 and 33 of the said township, as shown upon a map or plan of survey of the said township approved and confirmed at Ottawa on the 10th day of February, 1899 by E. Deville, Surveyor General of Dominion Lands, containing one hundred and sixty (160) acres, more or less, in each quarter section EXCEPTING THEREOUT Parcel B of Plan 6352 M.C. within the west half of section 9; All that area of Plan 3585 N.Y. lying between Area A of Plan 972 4073 and Area B of Plan 972 4073; All that area west of Road Plan 762 0325 within the northwest quarter of section 33.

Thirdly:  All those parcels or tracts of land, situate, lying, and being in the fifty‑third (53) township, twenty‑third (23) range, west of the fourth (4) meridian, in the Province of Alberta, Canada, and being composed of:

The west halves of sections 4 and 9 of the said township, as shown upon a map or plan of survey of the said township approved and confirmed at Ottawa on the 18th day of December 1895, by E. Deville, Surveyor General of Dominion Lands, containing one hundred and sixty (160) acres, more or less, in each quarter section.

Excepting Thereout

‑     Road Plan 9420069 within the south west quarter of section 9

‑     That area which lies east of the most easterly limit of Road Plan 4630 PX, within the south west quarter of section 9

The lands herein described containing two thousand eight hundred and thirty eight (2838) acres, more or less.

Reserving out of all of the above lands all mines and minerals and the right to work the same.

AR 45/74 Sched.;91/79;211/94;262/2002