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The Environment Amendment Act (Permanent Ban on Building or Expanding Hog Facilities)

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If you need an official copy, contact Statutory Publications.

S.M. 2008, c. 39

Bill 17, 2nd Session, 39th Legislature

The Environment Amendment Act (Permanent Ban on Building or Expanding Hog Facilities)

(Assented to October 9, 2008)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E125 amended

1           The Environment Act is amended by this Act.

2           The following is added after section 40:

Prohibition

40.1(1)     No person shall construct, expand or modify a confined livestock area for pigs or a pig manure storage facility located or to be located in any of the areas listed in the Schedule, except as authorized by a permit under this section.

Permit for manure storage facility

40.1(2)     The director may, in accordance with the regulations, issue a permit in respect of a pig manure storage facility if

(a) the permit authorizes the construction, expansion or modification of the storage facility to allow the manure to be subjected to

(i) anaerobic digestion in a manner acceptable to the director, or

(ii) another environmentally sound treatment that is similar to or better than anaerobic digestion and is acceptable to the director;

(b) the permit authorizes modifications to the storage facility to make the manner of handling manure more environmentally sound in the director's opinion;

(c) the permit authorizes modifications to the storage facility to repair or upgrade it, and the director has directed the operator to apply for the permit; or

(d) the permit authorizes modifications to correct something that the director considers to be a deficiency in a storage facility that is not registered under the regulations, and the director has required the operator to obtain the permit.

Permit for confined livestock area

40.1(3)     The director may, in accordance with the regulations, issue a permit authorizing modifications to a confined livestock area for pigs to make the manner of handling manure more environmentally sound in the director's opinion.

Permit to construct replacement facility or area

40.1(4)     The director may, in accordance with the regulations, issue a permit authorizing the construction of a pig manure storage facility or a confined livestock area for pigs that will replace an existing facility or area if the director is satisfied that the existing one

(a) has been significantly damaged and its repair is not feasible; or

(b) is of an age or condition where it is more appropriate to stop using it.

No increase in animal units allowed

40.1(5)     The director must not issue a permit under clause (2)(b), (c) or (d) or subsection (3) or (4) authorizing modifications or construction that results in an increase in the number of animal units capable of being handled by the livestock operation.

Director may impose conditions on permit

40.1(6)     The director may impose limits, terms and conditions on a permit issued under this section.

Definitions

40.1(7)     In this section, "animal unit", "confined livestock area", "manure" and "manure storage facility" have the meanings prescribed in the regulations.

3           Subsection 41(1) is amended

(a) by adding the following after clause (d):

(d.1) governing or prohibiting any use, activity or thing that may cause adverse effects, including governing or prohibiting the construction, alteration, modification or expansion of developments or classes of developments;

(b) by adding the following after clause (ff):

(gg) defining any word or phrase used but not defined in this Act.

4           The Schedule to this Act is added as a Schedule to The Environment Act.

Transitional

5           Sections 6 and 16.1 of the Livestock Manure and Mortalities Management Regulation, Manitoba Regulation 42/98, continue to apply — and section 40.1 as enacted by section 2 of this Act does not apply — to the proposed construction or expansion of a confined livestock area for pigs or a pig manure storage facility if the construction or expansion is required to operate the pig livestock operation in accordance with a conditional use approval that was obtained for that operation before March 25, 2008.

Regulations

6(1)        Manitoba Regulations 238/2006, 23/2008, 68/2008 and 133/2008 made under subsection 41(1) of The Environment Act are validated and declared to have been lawfully made as if clause 41(1)(d.1), as enacted by section 3 of this Act, had been in force when they were made.

Consequential amendment to M.R. 42/98

6(2)        The Livestock Manure and Mortalities Management Regulation, Manitoba Regulation 42/98, is amended by repealing section 16.4.

Coming into force

7            This Act comes into force on the day it receives royal assent.

SCHEDULE (Section 40.1)

The Red River Valley Special Management Area, which is the land described in Plan No. 4298-2006, filed at the head office of Environmental Services of the Department of Conservation in Winnipeg

The Rural Municipality of Armstrong

The Rural Municipality of Bifrost and the Town of Arborg and the Village of Riverton

The Rural Municipality of Coldwell

The Rural Municipality of De Salaberry and the Village of St. Pierre-Jolys

The Rural Municipality of Eriksdale

The Rural Municipality of Fisher

The Rural Municipality of Gimli and the Town of Winnipeg Beach

The Rural Municipality of Grahamdale

The Rural Municipality of Hanover, the City of Steinbach and the Town of Niverville

The Rural Municipality of La Broquerie

The Rural Municipality of Rockwood and the Town of Teulon

The Rural Municipality of Rosser

The Rural Municipality of Siglunes

The Rural Municipality of Springfield

The Rural Municipality of St. Andrews and the Village of Dunnottar

The Rural Municipality of St. Clements

The Rural Municipality of St. Laurent

The Rural Municipality of Ste. Anne and the Town of Ste. Anne

The Rural Municipality of Tache

The Rural Municipality of Woodlands

The area legally described as follows:

All those portions of Townships 27, 28 and 29, Range 1 East of the Principal Meridian in Manitoba, Townships 28 and 29, Range 1 West of the Principal Meridian in Manitoba and Townships 26, 27, 28 and 29, Range 2 West of the Principal Meridian in Manitoba that are contained within the limits shown bordered hatched on Plan No. 4298-2008, filed at the head office of Environmental Services of the Department of Conservation in Winnipeg