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Territorial Land Use Regulations

Version of section 31 from 2016-06-13 to 2024-06-11:

  •  (1) The engineer may include in any permit terms and conditions respecting

    • (a) the location and the area of territorial lands that may be used;

    • (b) the times at which any work or undertaking may be carried on;

    • (c) the type and size of equipment that may be used in the land use operation;

    • (d) the methods and techniques to be employed by the permittee in carrying out the land use operation;

    • (e) the type, location, capacity and operation of all facilities to be used by the permittee in the land use operation;

    • (f) the methods of controlling or preventing ponding of water, flooding, erosion, slides and subsidences of land;

    • (g) the use, storage, handling and ultimate disposal of any chemical or toxic material to be used in the land use operation;

    • (h) the protection of wildlife and fisheries habitat;

    • (i) the protection of objects and places of recreational, scenic and ecological value;

    • (j) the deposit of security in accordance with section 36;

    • (k) the establishment of petroleum fuel storage facilities;

    • (l) the methods and techniques for debris and brush disposal;

    • (l.1) the protection of historic or archaeological sites or burial sites; and

    • (m) such other matters not inconsistent with these Regulations as the engineer thinks necessary for the protection of the biological or physical characteristics of the land management zone.

  • (2) The engineer may modify any of the terms or conditions included in a permit on receipt of a written request from the permittee that sets out

    • (a) the terms or conditions in the permit that the permittee wishes modified; and

    • (b) the nature of the modification proposed and the reasons therefor.

  • (3) Where the engineer receives a written request from a permittee pursuant to subsection (2), he shall notify the permittee of his decision and the reasons therefor within 10 days of receipt of the request.

  • (4) A permit expires at the end of the period of validity set out in the permit, which shall be based on the estimated dates of commencement and completion set out in the permit application and shall not exceed five years.

  • (5) On receipt of a written request from a permittee to extend the duration of a permit, the engineer may grant the extension, subject to any terms and conditions referred to in subsection (1), for a period not exceeding two years, as is necessary to enable the permittee to complete the land use operation authorized by the permit.

  • (6) A permit’s duration may be extended under subsection (5) only once.

  • SOR/88-169, s. 6(E)
  • SOR/2016-132, s. 10

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