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Nova Scotia Environmental and Heritage Acts
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Nova Scotia Environmental and Heritage Acts : ウィキペディア英語版
Nova Scotia Environmental and Heritage Acts
Nova Scotia is a province rich in resources, both environmental and cultural or historical, and, as such, has set forth a number of policies and acts in order to protect these assets.The main Act which pertains to this is the ''Special Places Protection Act (“SPPA”)'', written in 1989. This Act discusses the procedures related to the protection, or “An Act to Provide for the Preservation, Regulation and Study of Archaeological and Historical Remains and Palaeontological and Ecological Sites”.〔(【引用サイトリンク】url=http://nslegislature.ca/legc/statutes/specplac.htm )
==Environmental Assessments==
An Environmental Assessment (EA) is a process through which developments are ascertained to be sustainable, according to certain agreements laid out in the assessment. This assures that environmental impacts will not be too substantial and detrimental to the surrounding area and habitat. The environment is defined as “()he components of the earth that include:
* air, land and water;
* the layers of the atmosphere;
* organic and inorganic matter and living organisms;
* the interacting systems that include components referred to in (i) to (iii);
* and the socio-economic, environmental health, cultural and other items referred to in the definition of environmental effect”〔(【引用サイトリンク】url=http://gov.ns.ca/nse/ea/glossary.asp )
Environmental Assessments are not necessary for buildings established before July 14, 1989, however if they have been modified since that time, an EA may be necessary.〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )〕 There are two classes of potential projects, known as Class 1 and Class 2. Class 1 projects tend to be smaller scale projects, or projects which may not cause a large environmental impact, often things such as highways or mines.〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )〕 This type of project will go through the Minister, who will decide if public hearings are required. Class 2 projects are normally larger scale undertakings, or could cause significant environmental impacts, such as solid waste incinerators or pulp and paper plants.〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )〕 This type of project requires an environmental assessment report as well as a public review. It is important, in terms of either classification of project, that the Mi'kmaq community be involved in the process. Proponents are asked to engage in the following ways:
# Mutual Respect
# Early Engagement in the project
# Openness and Transparency
# Adequate Time to Review/Respond〔(【引用サイトリンク】url=http://www.gov.ns.ca/abor/docs/Proponants-Guide.pdf )
Certain factors which pertain to the Minister's decision are as follows:
* "the location of the proposed undertaking and the nature and sensitivity of the surrounding area;
* the size, scope and complexity of the proposed undertaking;
* concerns expressed by the public and aboriginal people about the adverse effects or the environmental effects of the proposed undertaking;
* steps taken by the proponent to address environmental concerns expressed by the public and aboriginal people;
* whether environmental baseline information submitted under subclause 9(1A)(b)(x) for the undertaking is sufficient for predicting adverse effects or environmental effects related to the undertaking;
*potential and known adverse effects or environmental effects of the proposed undertaking, including identifying any effects on species at risk, species of conservation concern and their habitats;
*project schedules where applicable;
*planned or existing land use in the area of the undertaking;
*other undertakings in the area;
*whether compliance with licences, certificates, permits, approvals or other documents of authorization required by law will mitigate the environmental effects;
*such other information as the Minister may require.”〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )
For a Class 1 undertaking, the Minister must inform the proponent of issues with the registration process, such as lack of information, before 50 days have passed.〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )〕 These time-lines may be extended by the Minister if it is seen that more information or a report is necessary.〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )〕 Information pertaining to an EA can be read by any member of the public, and there are often public hearings related to developments. An opportunity must be given for comments to be taken into consideration, and these comments may come from any of the following groups:
* "the public;
* departments of Government;
* the Government of Canada and its agencies;
* municipalities in the vicinity of the undertaking or in which the undertaking is located;
* any affected aboriginal people or cultural community; and
* neighbouring jurisdictions to Nova Scotia in the vicinity of the undertaking."〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )
The proponent is also required to publish in at least one local and one Provincial newspaper with information explaining the EA to be undertaken.〔(【引用サイトリンク】url=http://www.gov.ns.ca/just/regulations/regs/envassmt.htm )〕 Since the year 2000, 92 projects have had reviews completed, the most recent being the Pugwash Wind Farm.〔(【引用サイトリンク】url=http://gov.ns.ca/nse/ea/pugwash.wind.farm.asp )〕 Five projects are currently being considered.〔(【引用サイトリンク】url=http://gov.ns.ca/nse/ea/projects.asp )

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