Environmental legislation introduced in the House of Assembly

After conducting public consultations on new environmental legislation, Environment Minister Ralph Wiseman today introduced the Environmental Protection Act and Water Resources Act into the House of Assembly.

"These Acts represent progressive and comprehensive legislation which will enable government to be more proactive and cooperative while still maintaining clear responsibilities for environmental protection and water resource management," said the minister.

Last month, Minister Wiseman held public meetings in Port aux Basques, Hawke's Bay, Deer Lake, Labrador City, Happy Valley-Goose Bay, Grand Falls-Windsor, New-Wes-Valley, Clarenville and St. John's. In addition, department officials met with several environmental organizations, such as the Newfoundland Environmental Industries Association, and with municipalities. The minister also encouraged interested stakeholders to submit written comments. By the end of the consultation period, over 30 written submissions were received. 

"I am very pleased with the response to the public consultations and to the new Acts. Throughout the consultations, I consistently heard that Newfoundlanders and Labradorians want this legislation enacted and I am pleased to be introducing these Acts into the House of Assembly today,"said Minister Wiseman. 

"I want to thank all those who participated in the consultation process, either by attending one of the meetings or by submitting written comments. The input was used to finalize the Acts and helped to ensure that our province has solid, progressive environmental legislation." 

The new Environmental Protection Act revises and consolidates five existing Acts: Environment Act, Environmental Assessment Act, Pesticides Control Act, Waste Management Act and Waste Material Disposal Act. The new Water Resources Act revises and replaces the water management provisions of the Environment Act, and incorporates the Well Drilling Act and Water Resources Protection Act, as well as the water rights licensing powers that are currently in the Crown Lands Act. It also introduces new provisions for water rights licencing. 

Both the Environmental Protection Act and Water Resources Act will be binding on the Crown, increase the authority of inspectors, and broaden the scope of ministerial orders. In addition, the new legislation creates "whistle-blower protection" prohibiting employers from disciplining or threatening an employee who reports an action that may be in contravention of the Acts. 

"In up-dating and consolidating eight existing Acts into two, government is creating efficient and comprehensive environmental legislation for Newfoundland and Labrador," said Minister Wiseman.

Environmental Protection Act & Water Resources Act
Backgrounder

• Upon completion of the public consultations, several changes were made to the Environmental Protection Act and Water Resources Act. 
  
• The word "knowingly" has been removed from the offences section of both Acts so as to eliminate any doubt that contravening either Act, either knowingly or unknowingly, is an offence. 
  
• The Environmental Protection Act and Water Resources Act now have provisions enabling the Environment Minister to create a demerit point system for approvals, permits and licences granted under both Acts. This system, if created, would be similar to the driver's licence demerit point system. It will provide a mechanism for warning offenders and subsequently, justification for revoking an approval, permit or licence where points have been lost. 
  
• The provision prohibiting a court injunction against an approved use of a pesticide has been deleted from the Environmental Protection Act.
  
• The Environmental Protection Act has been revised to enable municipalities or waste management authorities operating a waste disposal site to charge usage fees to those using the site. 
  
• The separate fine structure for a violation of the water export provision has been deleted from the Water Resources Act. One fine structure for the Act is sufficient. 
  
• Water rights granted prior to the new Water Resources Act will remain in effect until the existing grant, lease or statute expires. In order to clarify this fact for existing water rights holders, minor wording changes were made throughout the Act. 

Media contact: Diane Keough, Communications, (709) 729-2575.

2001 11 20                          1:20 p.m.