C-61.01, r. 71.1 - Regulation respecting the Réserve de biodiversité Akumunan

Section 7 Disposition versions

2020-05-14

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 structure, 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 system for the 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 (2020-05-14), such a building was permitted under the right of use or occupancy granted, but had not yet been 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 structure, including a shed, a water withdrawal facility or a system for the 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 structure, infrastructure or works whose presence is permitted within the biodiversity reserve;

(2)  the work is carried out within the area of the land or right of way subject to the right to use or occupy the land in the biodiversity reserve, whether the right results from a lease, a servitude or other form of title, permit or authorization;

(3)  the nature of the work or elements installed by the work will not operate to increase the area of land that may remain deforested beyond the limits permitted under 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 structure, 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 structure, 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 ope- rate to alter or exceed the existing right of way, widen the roadway or convert the road to a higher class.

For the purposes of this section, repair and upgrading work includes work to replace or install works or facilities to comply with the requirements of an environmental regulation.

O.C. 437-2020, s. 7.

Not in force

In force: 2020-05-14

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 structure, 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 system for the 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 (2020-05-14), such a building was permitted under the right of use or occupancy granted, but had not yet been 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 structure, including a shed, a water withdrawal facility or a system for the 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 structure, infrastructure or works whose presence is permitted within the biodiversity reserve;

(2)  the work is carried out within the area of the land or right of way subject to the right to use or occupy the land in the biodiversity reserve, whether the right results from a lease, a servitude or other form of title, permit or authorization;

(3)  the nature of the work or elements installed by the work will not operate to increase the area of land that may remain deforested beyond the limits permitted under 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 structure, 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 structure, 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 ope- rate to alter or exceed the existing right of way, widen the roadway or convert the road to a higher class.

For the purposes of this section, repair and upgrading work includes work to replace or install works or facilities to comply with the requirements of an environmental regulation.

O.C. 437-2020, s. 7.