An Act to Provide for the Preservation, Regulation and Study of Archaeologicaland Historical Remains and Palaeontological and Ecological Sites

Short title
1 This Act may be cited as the Special PlacesProtection Act. R.S., c. 438, s.1.

Purpose of Act
2 The purpose of this Act is to

(a) provide for the preservation, protection, regulation, exploration, excavation, acquisition and study of archaeological and historical remains and palaeontological sites which are considered important parts of the natural or human heritage of the Province;

(b) provide for the preservation, protection, regulation, acquisition and study of ecological sites which are considered important parts of the natural heritage of the Province and, notwithstanding the generality of the foregoing, preserve, regulate, acquire and study those ecological sites that

(i) are suitable for scientific research and educational purposes,

(ii) are representative examples of natural ecosystems within the Province,

(iii) serve as examples of ecosystems that have been modified by man and offer an opportunity to study the natural recovery of ecosystems from such modification,

(iv) contain rare or endangered native plants or animals in their natural habitats,

(v) provide educational or research field areas for the long-term study of natural changes and balancing forces in undisturbed ecosystems; and

(c) promote understanding and appreciation among the people of the Province of the scientific, educational and cultural values represented by the establishment of special places. R.S., c. 438, s. 2.

Interpretation
3 In this Act,

(a) "Committee" means the Advisory Commit tee on the Protection of Special Places;

(aa) "heritage object" means an archaeological, historical or palaeontological object or remain but does not include such an object to which the Treasure Trove Act applies;

(b) "Minister" means the Minister of Education;

(c) "Museum" means the Nova Scotia Museum;

(d) "registered owner" means an owner of land whose interest in the land is defined and whose name is specified in an instrument in the registry of deeds, and includes a person shown as a tenant of land on the last revised assessment roll;

(e) "special places" means those places referred to in Section 2. R.S., c. 438,s. 3; 1990, c. 45,s. 1.

Act binds Crown
4 (1) This Act binds Her Majesty in right of theProvince.

(2)repealed 1990, c. 45,s.2.

R.S., c. 438, s. 4; 1990, c. 45,s.2.

Advisory Committee on Protection of Special Places
5 (1) There is hereby established a committee tobe known as the Advisory Committee on the Protection ofSpecial Places.

Composition of Committee
(2) The Committee shall be composed of the Director, for the time being, of the Museum and ten othermembers appointed by the Governor in Council on the recommendation of the Minister and who shall be representative of

(a) the Department of Education;

(b) the Department of the Environment;

(c) the Department of Lands and Forests;

(d) the Department of Mines and Energy;

(e) the Union of Nova Scotia Indians; and

(f) such other agencies, whetheru public or private, which the Governor in Council, on the recommendation of the Minister, deems advisable.

Chairman
(3) The Director, for the time being, of theMuseum shall be ex officio Chairman of the Committee.

Term of office
(4) Members of the Committee shall beappointed for terms not exceeding three years.

Re-appointment
(5) Members of the Committee shall be eligiblefor re appointment.

Expenses
(6) A member of the Committee shall notreceive any remuneration for being a member thereof, butshall be reimbursed for actual expenses incurred in connection therewith. R.S., c. 438, s. 5.

Duties and powers
6 The Committee shall be responsible to theMinister and shall have power to

(a) make recommendations to the Minister concerning the administration,classification and acquisition of special places;

(b) conduct research with respect to existing and possible future special places;

(c) recommend regulations to the Minister with respect to management plans and other matters related to ecological sites;

(d) conduct research concerning the possible removal from designation of existing special places;

(e) ensure that, if a special places designation is being considered that appears to effect the operation of some other public Act, the persons charged with the administration of that Act have the opportunity to make representations to the Committee before any recommendations are made to the Minister;

(f) do any other thing which the Minister may assign the Committee with respect to assisting him in the proper administration of this Act. R.S., c. 438, s. 6.

Designation of protected site
7 (1) The Minister, with the approval of theGovernor in Council, may designate any land within theProvince, including land covere with water, that has outstanding archaeological, historical or palaeontological significance as a protected site.

Content and filing of designation
(2) A designation made pursuant to subsection
(1)shall contain a description of the land sufficient toidentify it and a copy of the designation shall be deposited inthe registry of deeds or the registration district in which theland is situated.

Publication of designation
(2A) Every designation of a protected site shallbe published in one edition of the Royal Gazette and theeffective date of such designation shall be the date of thepublication of the aforesaid designation in the RoyalGazette.

Description of protected site
(2B) Such publication shall contain a descriptionof the protected site sufficient to identify the boundaries ofsame.

Signs
(3) The Minister may place appropriate signs orother devices at a protected site indicating that the land is aprotected site, but no sign or device is required to be placedat a site.

Procedure for designation of private land
(4) Where the land to be so designated isprivately owned,

(a) the Minister shall cause notice of the intention to designate to be served upon each registered owner not less than thirty days prior to designation;

(b) the owner may comment upon the proposed designation within the period of time specified by the Minister; and

(c) no person shall be entitled to any damages for compensation for injurious affection as a result of the designation of land or land covered with water. R.S., c. 438, s. 7; 1990, c. 45,s. 3.

Recommendation to terminate designation
7A (1) Where it appears to the Committee that thecontinued designation of and as a protected site is inapproriate, the Committee may recommend to the Ministerthat the designation be terminated.

Notice of proposed recommendation
(2) Before making a recommendation pursuantto subsection (1), the Committee shall give notice of the proposed recommendation in a newspaper circulating in theProvince giving at least thirty days or receipt by the Committee of written submissions by the public and, where theland is privately owned, the notice shall be served on theregistered owner of the land.

Time for recommendation
(3) The Committee shall not make a recommendation pursuant tosubsection (1) until thirty days followingthe deadline for receipt of written submissions pursuant tosubsection (2).

Termination
(4) Upon receipt by the Minister of a recommendation pursuant to this Sectionto terminate a designation, the Minister may, with the approval of the Governorin Council, terminate the designation.

Notice of termination
(5) Where the Minister terminates the designation of land, the Ministershall cause notice of thetermination to be deposited in the registry of deeds for theregistration district in which the land is situate and, wherethe land is privately owned, to be sent to the registeredowner of the land. 1990, c. 45, s. 4.

Heritage research permit
8 (1) No person shall carry out explorations ormake excavations on any land in the Province, includingland covered with water, for the purpose of seeking heritageobjects, without a heritage research permit.

Issue of permit
(2) The Minister, or a person authorized by theMinister, may issue heritage research permits authorizingarchaeological, historical or palaeontological explorationsand excavations in the Province.

Conditions
(3) A heritage research permit shall be subjectto the following:

(a) the application must be made on a form approved by the Minister;

(b) the applicant must be competent to conduct hentage research as proposed on the form provided;

(c) the permit holder must submit a report on the work done to the Minister within the time specified on the permit and in such detail as the Minister requires; and

(d) the permit holder must deliver possession of all heritage objects recovered, while excavating pursuant to the heritage research permit, to the Museum or to any other public institution which the Minister may designate, which objects become the property of the Province.

Return of heritage object
(4) Notwithstanding clause (d) of subsection(3), the Museum or othet public institution designated by theMinister pursuant to said clause (d) may return any heritageobject received to the person who recovered it, subject to suchconditions as to the care and disposition of the object as theMuseum or other institution, as the case may be, determines. R.S., c. 438, s. 8; 1990, c. 45. s. 5

Effect of permit
9 A permit issued under this Act does not

(a) authorize the permit holder to enter upon lands or remove heritage objects therefrom without the consent of the owner or person entitled to grant consent; or

(b) relieve the permit holder from compliance with any enactment, regulation or law relating to excavations on land. R.S., c. 438,s. 9.

Cancellation of permit
10 The Minister may cancel a permit at any timeand the permit shall, upon cancellation, cease to be in force. R.S., c. 438,s.10.

Seizure of heritage object
11 Where a heritage object has been recovered fromany site in the Province by a person who is not a holder of apermit or by a permit holder in contravention of his permit,the Minister or a person authorized by him may seize theheritage object an deliver it to the Museum, which objectbecomes the property of the Province. R.S., c.438, s.11;1994-95,c.17,s.6.

Prohibition where no permit
12 Notwithstaning the issue of a licence pursuantto the Treasure Trove Act, no person shall

(a) excavate or otherwise alter a protected site or remove any objects from a protected site unless he is the holder of a permit;

(b) knowingly destroy, desecrate, deface or alter archaeological or historical remains or a palaeontological site whether designated or not unless he holds a heritage research permit to excavate the specific site. R.S., c. 438,s. 12; 1990, c. 45,s.6.

Stop order
13 (1) When, in the opinion of the Minister, anyspecial place, whether designated or not, is threatened withdestruction by reason of commercial, industrial or otherdevelopment or activity, the Minister may order the development or activity to cease in whole or in part for thirty daysand, upon the recommendation of the Minister, the Governorin Council may continue the order until a site survey and, ifnecessary, a site investigation and salvage is carried outunder the direction of the Museum.

Funds for site survey or salvage
(2) When such a development or activity iscarried out by a government department or agency or adeveloper, the Governor in Council may require that fundsbe provided by that departrnent, agency or developer to coverthe costs of site survey, investigation and salvage.

Manner of site survey or salvage
(3) Where a site survey, investigation or sal-vage is ordered, it shall be carried out in such a manner thatit will not cause undue hardship on the agency, owner orperson responsible for the development or activity. R.S.,c. 438,s. 13; 1990, c. 45, s. 7.

Designation of ecological site
14 (I) The Minister, with the approval of theGovernor in Council, may on Crown land or on private landwith the consent of the owner, including land covered withwater, designate certain areas of the Province as ecologicalsites.

Management plan
(2) Prior to the designation of an ecological site,the Minister, with the assistance of the Committee, shallformulate a management plan for the site and the plan shallcontain information regarding the purpose of the site andinformation and regulations which will assure the protectionof the site.

Publication and effective date of designation
(3) Every designation of an ecological site shallbe published in one edition of the Royal Gazette and theeffective date of such designation shall be the date of thepublication of the designation in the Royal Gazette.

Content of publication
(4) Such publication shall contain a descriptionof the ecological site sufficient to identify the boundaries ofsame.

Signs
(5) The Minister may place appropriate signs orother devices at an ecological site indicating that the land isa protected site, but no sign or device is required to be placedat a site.

Form and registration of designation
(6) The ecological sites shall be designated by adescription of the lands sufficient to identify them and suchdesignation shall be registered as soon as possible by theMinister in the registry of deeds office for the registrationdistrict in which the lands are situated.

Notice of registration of designation
(7) Before the registration of the aforesaiddesignation, the Minister shall forthwith by registered mailgive notice to the registered owner or owners of the lands sodesignated. R.S., c. 438,s.14;1990, c. 45,s.8.

Recommendation to terminate designation
14A (1) Where it appears to the Committee that thecontinued designation of and as an ecological site is inappropriate, the Committee mayrecommend to the Ministerthat the designation be terminated.

Notice of proposed recommendation
(2) Before making a recommendation pursuantto subsection (1), the Committee shall give notice of theproposed recommendation in a newspaper circulating in theprovince giving at least thirty days for receipt by the Committee of writtensubmissions by the public and, where theland is privately owned, the notice shall be served on theregistered owner of the land.

Time for recommendation
(3) The Conunittee shall not make a recommendation pursuant to subsection (1) until thirty days followingthe deadline for receipt of written submissions pursuant tosubsection (2).

Termination
(4) Upon receipt by the Minister of a recommendation pursuant to this Sectionto terminate a designation, the Minister may, with the approval of the Governorin Council, terminate the designation.

Notice of termination
(5) Where the Minister terminates the designation of land, the Minister shallcause notice of thetermination to be deposited in the registry of deeds for theregistration district in which the land is situate and, wherethe land is private land, to be sent to the registered owner ofthe land. 1990, c. 45, s.9.

Management of designated Crown land
15 Crown lands designated as ecological sites shallbe under the administration and control of the Minister. R.S., c. 438,s.15.

Ecological research permit
16 (1) The Minister, or a person authorized by theMinister, may issue ecological research permits authorizingecological research or other ecological activities within thedesignated ecological sites.

Conditions respecting permit
(2) Such permits so issued shall be subject tothe following:

(a) an application for a permit must be made on a form approved by the Minister;

(b) the applicant must be competent to conduct ecological research or other ecological activities as proposed on the form provided;

(c) the permit holder must submit a report on the work done or activities carried on to the Minister within the time specified on the permit; and

(d) the permit may be made subject to such conditions as the Minister, or a person authorized by the Minister, may prescribe in order to protect the designated ecological site or some part thereof from any such proposed research or activities, and, if the lands are privately held, such research or activities must be carried on with the written consent of the landowner.

Cancellation
(3) The Minister may cancel the permit at anytime and the permit shall, upon cancellation, cease to be inforce. R.S., c. 438,s. 16; 1990, c. 45,s. 10.

Ecological research permit
17 After the designation of an ecological site, noperson shall carry on any activity which may alter any partof the terrain or of the vegetation or carry on any acts whichmay disturb the fauna or the flora within the designatedsite, unless such person has first obtained an ecoogicalresearch permit from the Minister, or a person authorized bythe Minister. R.S., c. 438, s. 17; 1990, c. 45,s. 11.

Prohibition on disposal of designated Crown land
18 (1) The Province, upon the desiation of anecological site upon Crown lands, and notwitstanding theprovision of any other special or general statute, shall notgrant, lease or otherwise dispose of lands that comprise sucha site.

Prohibition on Crown grant of rights on ecological site
(2) Any grant of the Province of any rightsunder any other statute, including, but not so as to restrictthe generality thereof, the mining rights, fishing and gamerights, forestry rights and water rights, shall be forbidden onany ecological site designated and any grant purported to bemade shall be null and void. R.S.,c. 438,s. 18.

Restriction on expropriation
19 Notwithstanding any general or special Act,including the provisions of the Expropriation Act, noexpropriation power can be exercised within the limits of adesignated ecoogical site without the express authorizationof the Minister, in addition to any other authorizationnecessary to carry out such expropriation power. R.S., c. 438,s. 19.

Regulations
20 (1) The Governor in Council, upon the recommendation of the Minister, may make regulations for the protection, preservation and use of special places on Crownands and with respect to special places on private lands with the further consent of the landowner and, generally andwithout restricting the generality therof, may make regulations

(a) establishing management plans for designated ecological sites;

(b) for the classification of ecological sites and the uses to which each classification can be put;

(c) for the control of entry onto a special place and the control of activities within such places;

(d) respecting the control,regulation, restriction or prohibition of an kind of use, development or occupation of the and or of any of the natural resources in a special place;

(e) respecting the sign, plaques and markers to be placed at a special place;

(f) determining measures, including financial incentives, to encourage the identification, preservation and protection of special places;

(g) respecting generally any other matter or thing necessary or incidental to the protection of special places.

Regulations Act
(2) The exercise by the Governor in Council ofthe authority set forth in this Section shall be regulationsithin the meaning of the Regulations Act. R.S., c. 438, s. 20;1990, c, 45, s. 12.

Service of notice
21 (1) Service of any notice required to be made bythis Act shall be sufficient if served upon the person byregistered mail at his last known address.

Substituted service
(2) Where a person upon whom service shouldbe made cannot be identified or his address is not known,service shall be sufficient if notice is affixed in a conspicuousplace on the land and a copy is delivered to any occupant ofthe land. R.S., c. 438,s. 21.

Offence and penalty
22 (1) Every person who contravenes any provision of this Act or who, being the holder ofa permit, fails to comply with any term or condition of any permit issuedunder this Act is guilty of an offence and is liable on summary conviction to a penalty not exceeding ten thousand dollars.

Penalty for corporation (2) here a corporation is convicted of an offence against this Act, the maximum penalty that may beimposed upon the corporation is one hundred thousand dollars and not as provided insubsection (1). R.S., c. 438,s.22; 1990, c. 45,s.13.

Existing designations and permits preserved
23 Notwithstanding the repeal of the formerHistorical Objects Protection Act, every designation madeand permit issued under that Act remains good and valid. R.S., c. 438. s. 23.