NEWFOUNDLAND AND
LABRADOR
REGULATION 86/22
Wind Energy Land Reserve Order
under the
Lands Act
(O.C. 2022-294)
(Filed December 14, 2022)
Under the authority of subsection 8(2) of the Lands Act
, the minister, with the approval of the Lieutenant-Governor in Council, makes the following Order.
Dated at St. John’s, December 14, 2022.
Derrick Bragg
Minister of Fisheries, Forestry and Agriculture
Krista Quinlan
Clerk of the Executive Council
ORDER
Analysis
Short title
1.
This Order may be cited as the
Wind Energy Land Reserve Order
.
86/22 s1
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Definitions
2.
In this Order,
(a)
"available Crown lands" means
Crown lands that have not been
(i)
granted, leased or the subject of a licence or easement, or
(ii)
otherwise lawfully set apart or alienated from the Crown;
(b)
"call for bids" means
the process outlined in the Guidelines: Crown Land Call for Bids for Wind Energy Projects prepared by the Department of Industry, Energy and Technology; and
(c)
"Wind Energy Land Reserve" means Crown land reserved under section 3
.
86/22 s2
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Purpose
3.
The
Wind Energy Land Reserve is established to ensure that available Crown lands located within the area described in the Schedule are available for the purpose of the call for bids.
86/22 s3
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Term
4.
The
Wind Energy Land Reserve is established for a one year period.
86/22 s4
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Exception
5.
Notwithstanding section 3, the minister may
(a)
accept applications for Crown lands included in the Wind Energy Land Reserve; and
(b)
where one or more of the following apply, issue grants, leases, licences or easements in relation to Crown lands included in the Wind Energy Land Reserve:
(i)
the Crown land is required on an urgent basis for the public good;
(ii)
the Crown land is required for meteorological towers and associated developments or infrastructure;
(iii)
the minister received an application for the Crown land
on or before December 14, 2022.
(iv)
the Crown land is required for access or utility purposes for developments existing on or before December 14, 2022; or
(v)
the minister is satisfied that a person has acquired an interest in the Crown land under section 36 of the Act.
86/22 s5
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SCHEDULE
All that piece or parcel of land containing approximately 1,663,815 hectares, more or less, as depicted on the Provincial Land Use Atlas.
86/22 Sch.
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