C-61.01, r. 72 - Regulation respecting the Réserve de biodiversité Kakinwawigak

Section 7 Disposition versions

2019-03-14

7. Despite paragraphs 6, 7 and 8 of section 6, if the requirements provided for in the second paragraph are met, no authorization is required to carry out the following work:

(1)  the maintenance, repair or improvement of any construction, infrastructure or works, including a camp, a cabin, a road or a trail, including an ancillary facility such as a lookout or stairs;

(2)  the construction or installation

(a)  of a dependency or a facility ancillary to a trapping camp, a rough shelter, a shelter or a cabin, including a shed, a water withdrawal facility or a discharge and disposal of waste water, grey water and toilet effluents; or

(b)  of a trapping camp, a rough shelter, a shelter or a cabin if, on the date of coming into force of this Regulation (2019-03-14), such a building was allowed under the right of use or occupancy granted, but was not yet carried out; or

(3)  the demolition or reconstruction of a trapping camp, a rough shelter, a shelter or a cabin, including a dependency or a facility ancillary to such a construction, including a shed, a water withdrawal facility or a discharge and disposal of waste water, grey water and toilet effluents.

The carrying out of the work referred to in the first paragraph must comply with the following:

(1)  the work involves a construction, infrastructure or works whose presence is allowed in the territory of the biodiversity reserve;

(2)  the work is carried out within the area of the land or right of way covered by the right of use or occupancy in the biodiversity reserve, whether the right results from a lease, a servitude or another form of title, permit or authorization;

(3)  the nature of the work or elements erected by the work will not operate to increase the area of land that may remain deforested beyond the limits allowed by the provisions applicable to the sale, lease and granting of immovable rights under the Act respecting the lands in the domain of the State (chapter T-8.1) and, if applicable, the limits set under an authorization issued in connection with that construction, works or infrastructure;

(4)  the work is carried out in accordance with the prescriptions of any permit or authorization issued for the work or in connection with the construction, infrastructure or works to which they are related, as well as in compliance with the applicable legislative and regulatory measures;

(5)  in the case of forest roads, the work must not result in altering or exceeding the existing right of way, enlarging the driving roadway or converting the road into a higher class road.

For the purposes of this section, repair and improvement work includes work to replace or install structures or facilities with a view to complying with the requirements of environmental regulations.

O.C. 113-2019, s. 7.

Not in force

In force: 2019-03-14

7. Despite paragraphs 6, 7 and 8 of section 6, if the requirements provided for in the second paragraph are met, no authorization is required to carry out the following work:

(1)  the maintenance, repair or improvement of any construction, infrastructure or works, including a camp, a cabin, a road or a trail, including an ancillary facility such as a lookout or stairs;

(2)  the construction or installation

(a)  of a dependency or a facility ancillary to a trapping camp, a rough shelter, a shelter or a cabin, including a shed, a water withdrawal facility or a discharge and disposal of waste water, grey water and toilet effluents; or

(b)  of a trapping camp, a rough shelter, a shelter or a cabin if, on the date of coming into force of this Regulation (2019-03-14), such a building was allowed under the right of use or occupancy granted, but was not yet carried out; or

(3)  the demolition or reconstruction of a trapping camp, a rough shelter, a shelter or a cabin, including a dependency or a facility ancillary to such a construction, including a shed, a water withdrawal facility or a discharge and disposal of waste water, grey water and toilet effluents.

The carrying out of the work referred to in the first paragraph must comply with the following:

(1)  the work involves a construction, infrastructure or works whose presence is allowed in the territory of the biodiversity reserve;

(2)  the work is carried out within the area of the land or right of way covered by the right of use or occupancy in the biodiversity reserve, whether the right results from a lease, a servitude or another form of title, permit or authorization;

(3)  the nature of the work or elements erected by the work will not operate to increase the area of land that may remain deforested beyond the limits allowed by the provisions applicable to the sale, lease and granting of immovable rights under the Act respecting the lands in the domain of the State (chapter T-8.1) and, if applicable, the limits set under an authorization issued in connection with that construction, works or infrastructure;

(4)  the work is carried out in accordance with the prescriptions of any permit or authorization issued for the work or in connection with the construction, infrastructure or works to which they are related, as well as in compliance with the applicable legislative and regulatory measures;

(5)  in the case of forest roads, the work must not result in altering or exceeding the existing right of way, enlarging the driving roadway or converting the road into a higher class road.

For the purposes of this section, repair and improvement work includes work to replace or install structures or facilities with a view to complying with the requirements of environmental regulations.

O.C. 113-2019, s. 7.