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 environment is defined as “[t]he components of the earth that include: 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.

Class 2 projects are normally larger scale undertakings, or could cause significant environmental impacts, such as solid waste incinerators or pulp and paper plants.

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: Certain factors which pertain to the Minister's decision are as follows: 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.

A corridor for 1 or more electric power transmission lines that have a cumulative voltage rating equal to or greater than 345 kVA.

Any land, including that which is covered with water, with significant archaeological, historical or palaeontological importance.

A Committee has been established to oversee the act, in association with the Minister, and they have the power to: Every time a site is designated as protected, it must be published in at least one edition of the Royal Gazette, to alert the public as to the information.

In this case, again, information must be circulated via newspaper, and if the land is privately owned, notice had to be served to the owner.

Thirty days must be given, to allot time for people to submit comments on this process.

[17] These heritage permits can be issued by the Minister in order to undertake archaeological, historical, or palaeontological explorations.

[18] It is important to note that a permit holder must submit a report about the work done, and they must deliver all found heritage objects, to a public institution designated by the Minister.

[19] The permit holder must gain consent from the owner of the land before collecting objects from it or exploring on it.

[25] Anyone in violation of the SPPA, whether as a non-permit holder, or by failing to comply with the regulation, is “liable on summary conviction to a penalty not exceeding ten thousand dollars".

[26] If it is a corporation in violation of the Act, a maximum penalty of one hundred thousand dollars may be incurred.

Despite this, there was much controversy related to the TTA, as it was seen to have treated “archaeological or heritage objects as a natural resource with commercial value”.

[30] The TTA was repealed, and as of December 31, 2010, licenses to all activity, except for those pertaining to Oak Island expired.

[31] One controversial case relating to marine archaeology in Nova Scotia was that of HMS Fantome.

Fantome was a British Royal Navy brig in the War of 1812, which sank off the coast of Nova Scotia, near Prospect, in November 1814.

[32] Treasure hunters claimed that the ship was carrying cargo taken from the British raid on the White House on August 24, 1814 and that Presidential silverware may be entombed in the wreck, leading some American citizens to call for repatriation.