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NEWFOUNDLAND AND LABRADOR
REGULATION 64/03

Water Power Rental Regulations, 2003
under the
Water Resources Act
(O.C. 2003-230)

Amended by:

69/16

NEWFOUNDLAND AND LABRADOR
REGULATION 64/03

Water Power Rental Regulations, 2003
under the
Water Resources Act
(O.C. 2003-230)

(Filed May 23, 2003)

Under the authority of sections 29 and 64 of the Water Resources Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , May 21, 2003.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definition

       
3.   Application

       
4.   Rates

       
5.   Repeal


Short title

        1. These regulations may be cited as the Water Power Rental Regulations, 2003 .

64/03 s1

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Definition

        2. In these regulations, "water use licence" means a licence to divert or use water for water power generation issued under the Water Resources Act .

64/03 s2

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Application

        3. These regulations apply to water power generated under

             (a)  a water power licence or a water use licence issued or renewed on or after the date the Water Power Rental Regulations under the Crown Lands Act or these regulations came into effect; and

             (b)  the water use licences for the

                      (i)  Rattle Brook Hydroelectric Power Generating Plant at Rattle Brook, located on the northeast edge of the Long Range Mountains , Northern Peninsula near the Town of Jackson 's Arm,

                     (ii)  Rose Blanche Brook Hydroelectric Power Generating Plant at Rose Blanche Brook, located on the southwest coast of the Island of Newfoundland near the Town of Rose Blanche-Harbour Le Cou ,

                    (iii)  Star Lake Hydroelectric Power Generating Plant at Star Lake , located in central Newfoundland , on the east side of the Long Range Mountains , and

                    (iv)  Tors Cove/Rocky Pond Hydroelectric Power Generating Plants at Tors Cove Pond and Southern Rocky Pond, located on the east coast of the Avalon Peninsula near the Local Service District of Tors Cove.

64/03 s3

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Rates

        4. (1) The annual rent for a water use licence shall be $2.50 per megawatt hour of power generated.

             (2)  On January 1 of each year during the term of a water use licence the annual rent under subsection (1) shall be adjusted based on the percentage change, rounded to 2 decimal places, in relation to the preceding year, in the All-items Consumer Price Index for Canada as published under the Statistics Act (Canada ).

             (3)  For the purposes of subsection (2), the All-items Consumer Price Index for Canada for a year is the annual average calculated from the monthly indexes for the 12 month period ending September 30 of the preceding year.

69/16 s1

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Repeal

        5. The Water Power Rental Regulations, Newfoundland and Labrador Regulation 4/01 are repealed.

64/03 s5