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C-61.01 - Natural Heritage Conservation Act

Section 22
Disposition versions

Full text
22. When analyzing an application for authorization, the Minister shall take into consideration the following elements, without however being limited to them, and shall grant each element the importance the Minister considers appropriate:
(1)  the nature of the activity and any resulting constraints, losses and disturbances affecting the setting;
(1.1)  the ecological characteristics of the setting and its watershed and any human disturbances or pressures being or already experienced by them;
(1.2)  the contribution of the activity to the cumulative impacts of disturbances in the watershed;
(2)  the possibility of ensuring the conservation of the natural setting in another manner;
(3)  the consequences of an authorization on the maintenance of the biodiversity of Québec;
(4)  the availability of other locations in which the activity may be carried on;
(5)  the possibility of modifying the methods and means considered, of revising the stages or other components of the activity so that any degradation of the natural setting is reduced to a minimum or prevented;
(6)  the possibilities of using the land for purposes other than the activity;
(7)  the consequences of a refusal for the applicant;
(8)  the presence of a marked disproportion between the anticipated benefits derived from preserving the natural setting and the injury that may result from limiting or prohibiting the activity; and
(9)  the comments made by the Ministère des Ressources naturelles et de la Faune.
2002, c. 74, s. 22; 2003, c. 8, s. 6; 2004, c. 11, s. 64; 2006, c. 3, s. 35; 2017, c. 14, s. 20; 2021, c. 1, s. 28.
22. When deciding an application for authorization, the Minister shall take into consideration
(1)  the nature of the intervention and any resulting constraints, losses and disturbances affecting the setting;
(1.1)  the ecological characteristics of the setting and its watershed and any human disturbances or pressures being or already experienced by them;
(1.2)  the contribution of the intervention to the cumulative impacts of disturbances in the watershed;
(2)  the possibility of ensuring the conservation of the natural setting in another manner;
(3)  the consequences of an authorization on the maintenance of the biodiversity of Québec;
(4)  the availability of other locations in which the intervention may be carried on;
(5)  the possibility of modifying the methods and means considered, of revising the stages or other components of the intervention so that any degradation of the natural setting is reduced to a minimum or prevented;
(6)  the possibilities of using the land for purposes other than the intervention;
(7)  the consequences of a refusal for the applicant;
(8)  the presence of a marked disproportion between the anticipated benefits derived from preserving the natural setting and the injury that may result from limiting or prohibiting the intervention; and
(9)  the comments made by the Ministère des Ressources naturelles et de la Faune.
The Minister may subject an authorization to the conditions the Minister determines.
2002, c. 74, s. 22; 2003, c. 8, s. 6; 2004, c. 11, s. 64; 2006, c. 3, s. 35; 2017, c. 14, s. 20.
22. When deciding an application for authorization, the Minister shall take into consideration
(1)  any constraints and damaging effects of the intervention on the natural setting;
(2)  the possibility of ensuring the conservation of the natural setting in another manner;
(3)  the consequences of an authorization on the maintenance of the biodiversity of Québec;
(4)  the availability of other locations in which the intervention may be carried on;
(5)  the possibility of modifying the methods and means considered, of revising the stages or other components of the intervention so that any degradation of the natural setting is reduced to a minimum or prevented;
(6)  the possibilities of using the land for purposes other than the intervention;
(7)  the consequences of a refusal for the applicant;
(8)  the presence of a marked disproportion between the anticipated benefits derived from preserving the natural setting and the injury that may result from limiting or prohibiting the intervention; and
(9)  the comments made by the Ministère des Ressources naturelles et de la Faune.
The Minister may subject an authorization to the conditions the Minister determines.
2002, c. 74, s. 22; 2003, c. 8, s. 6; 2004, c. 11, s. 64; 2006, c. 3, s. 35.
22. When deciding an application for authorization, the Minister shall take into consideration
(1)  any constraints and damaging effects of the intervention on the natural setting;
(2)  the possibility of ensuring the conservation of the natural setting in another manner;
(3)  the consequences of an authorization on the maintenance of the biodiversity of Québec;
(4)  the availability of other locations in which the intervention may be carried on;
(5)  the possibility of modifying the methods and means considered, of revising the stages or other components of the intervention so that any degradation of the natural setting is reduced to a minimum or prevented;
(6)  the possibilities of using the land for purposes other than the intervention;
(7)  the consequences of a refusal for the applicant;
(8)  the presence of a marked disproportion between the anticipated benefits derived from preserving the natural setting and the injury that may result from limiting or prohibiting the intervention; and
(9)  the comments made by the Ministère des Ressources naturelles, de la Faune et des Parcs.
The Minister may subject an authorization to the conditions the Minister determines.
2002, c. 74, s. 22; 2003, c. 8, s. 6; 2004, c. 11, s. 64.
22. When deciding an application for authorization, the Minister shall take into consideration
(1)  any constraints and damaging effects of the intervention on the natural setting;
(2)  the possibility of ensuring the conservation of the natural setting in another manner;
(3)  the consequences of an authorization on the maintenance of the biodiversity of Québec;
(4)  the availability of other locations in which the intervention may be carried on;
(5)  the possibility of modifying the methods and means considered, of revising the stages or other components of the intervention so that any degradation of the natural setting is reduced to a minimum or prevented;
(6)  the possibilities of using the land for purposes other than the intervention;
(7)  the consequences of a refusal for the applicant;
(8)  the presence of a marked disproportion between the anticipated benefits derived from preserving the natural setting and the injury that may result from limiting or prohibiting the intervention; and
(9)  the comments made by the Ministère des Ressources naturelles, de la Faune et des Parcs and the Société de la faune et des parcs du Québec.
The Minister may subject an authorization to the conditions the Minister determines.
2002, c. 74, s. 22; 2003, c. 8, s. 6.
22. When deciding an application for authorization, the Minister shall take into consideration
(1)  any constraints and damaging effects of the intervention on the natural setting;
(2)  the possibility of ensuring the conservation of the natural setting in another manner;
(3)  the consequences of an authorization on the maintenance of the biodiversity of Québec;
(4)  the availability of other locations in which the intervention may be carried on;
(5)  the possibility of modifying the methods and means considered, of revising the stages or other components of the intervention so that any degradation of the natural setting is reduced to a minimum or prevented;
(6)  the possibilities of using the land for purposes other than the intervention;
(7)  the consequences of a refusal for the applicant;
(8)  the presence of a marked disproportion between the anticipated benefits derived from preserving the natural setting and the injury that may result from limiting or prohibiting the intervention; and
(9)  the comments made by the Ministère des Ressources naturelles and the Société de la faune et des parcs du Québec.
The Minister may subject an authorization to the conditions the Minister determines.
2002, c. 74, s. 22.
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