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S.M. 1992, c. 23
The Environment Amendment Act
(Assented to June 24, 1992)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Environment Act is amended by this Act.
2 Subsection 6(9) is amended by striking out "Four" and substituting "Three".
3 Subsection 7(7) is repealed.
4 Section 13 is repealed and the following is substituted:
13(1) The director or minister, as the case may be, may issue a licence referred to in subsection 10(1), 11(1) or 12(1) as one of a series of licences, each of which is issued in respect of a specified stage in the construction, alteration or operation of a development and, notwithstanding subsections 10(1), 11(1) and 12(1), a licence so issued authorizes only the stage in the construction, alteration or operation specified in the licence.
13(2) Notwithstanding anything to the contrary in this Act, the minister or director may, in advance of approval of any stage in the construction, alteration, operation or setting into operation of the development, issue the first of a series of licences referred to in subsection 10(1), 11(1) or 12(1) authorizing such preliminary steps to be taken with respect to the construction or alteration of the development as are specified in the licence, if
(a) in the opinion of the director or minister, the environmental impact of those preliminary steps is known and is either insignificant or capable of being mitigated with known technology; and
(b) the director or minister has complied with clause 10(4)(a), 11(8)(a) or 12(4)(a), as the case may be.
13(3) Where the minister or director issues a licence as one of a series, the minister or director is not thereby obliged to issue any subsequent licence in the series.
5(1) Clause 14(1)(b) is amended by striking out "from which there has been no appeal".
5(2) Subsections 14(2) and (3) are repealed and the following is substituted:
(a) the director or the minister has received notice of a proposed alteration in accordance with subsection (1);
(b) the potential environmental effects resulting from the alteration are insignificant or will be accommodated by the ongoing assessment process; and
(c) in the case of a proposed alteration to the development as licensed, the proposed alteration is not an alteration to any limit, term or condition that was amended as a result of an appeal under section 27 or 28;
the director or the minister may in writing, and with such limits, terms and conditions as he or she consider advisable, give approval to the proponent to implement the alteration.
14(3) Where the director or the minister has received notice of a proposed alteration in accordance with subsection (1), and the proposal is other than as described in clauses 2(b) and (c), the director or minister shall direct the proponent to seek approval for the proposed alteration as a proposal in accordance with section 10, 11 or 12, as the case may be.
6 That part of subsection 27(1) following clause (e) is repealed and the following is substituted:
may make an appeal to the minister that includes the reasons for the appeal and any facts relative thereto, within the following periods:
(f) in the case of a decision, issuance, refusal, order, instruction or directive or the imposition of limits, terms and conditions or the disposition of the appeal, within 30 days of the date thereof; and
(g) in the case of a licence that sets out a limit, term or condition that is to take effect on or be imposed at a future date and specifies that an appeal is to be taken within a specified period, within the period so specified.
7(1) Subsection 41(1) is amended by adding the following after clause (bb):
(cc) respecting costs that are payable by the proponent associated with hearings held with respect to joint assessment processes referred to in section 13.1 or with respect to Class 3 developments;
(dd) respecting costs that are payable by a person with respect to the monitoring of, or the review of that person's obligation to monitor, pollutants, effluent quality, environmental quality or other similar matters in accordance with the limits, terms and conditions of a licence, order or regulation.
7(2) The following is added after subsection 41(5):
41(6) An order issued to a person to pay costs as required by a regulation made under clause (1)(bb), (cc) or (dd) may be filed in the Court of Queen's Bench and on being filed may be enforced as if it were an order of that court.
8 This Act comes into force on the day it receives royal assent.