KCC’s original request for investigation of an alleged offence under the NS Environment Act, and request for a Ministerial Order to cease infilling.
We were subsequently told that we had to submit this request on a specific form, which we did.
From: Marion Homer & Kingsburg Coastal Conservancy
RR #1,
Rose Bay, N.S. B0J 2X0
September 10, 2007
To: The Hon. Mark Parent Minister of Environment & Labour 5151 Terminal Road, 6th floor Halifax, NS B3J 2T8 Phone: 902-424-6647 Fax: 902-424-0575 markparentmla@ns.aliantzinc.ca
Re: Formal request for investigation of an alleged offence Based on NS Environment Act,
Part XII, Inspections & Investigations 115 (1) Any person who is of the opinion that an offence has been committed under this Act may apply to the Department to have an investigation of the alleged offence conducted. Formal request for Ministerial control order that the owner of the land “cease the activity” of infilling & destroying plants & habitat.
Part XIII, Orders 125 (1) Where the Minister believes on reasonable and probable grounds that a person has contravened or will contravene this Act, the Minister may, whether or not the person has been charged or convicted in respect of the contravention, issue an order requiring a person, at that person's own expense, to (a) cease the specified activity;
Dear Minister Parent,
As per the criteria in the NS Environment Act, I am formally and officially asking you to conduct an “Inspection and Investigation” of infilling a wetland along Rte 332 in the Sand Dollar Beach/Conrad Island area.
In addition, I am asking you to immediately issue a Ministerial Order to “cease the specified activity” of infilling and destruction of plant life and habitat. Time is of the essence in this matter, as dump trucks are already at work, and the owner has refused our request to stop.
The NS Environment Act specifies a procedure for making these requests.
2) An application pursuant to subsection (1), if the Department so requests, shall be accompanied by a solemn declaration
(a) stating the name and address of the applicants;
(b) stating the nature of the alleged offence and the name of each person alleged to be involved in its commission; and
(c) containing a concise statement of the evidence supporting the allegations of the applicants.
I, Marion Frances Homer, of Feltzen South Nova Scotia, B0J 2X0, do solemnly declare that I believe a wetland is being infilled on land identified as PID 60467107.
I believe the owner of record to be (X), although all my communications about the land have been with (Y) at (address and phone number).
Concise Statement:
Even though the NS Department of Environment & Labour previously stated that PID 60467107 contains only about 30 sq. feet of wetland, I have received letters from 2 scientists who have seen evidence that the area is mostly wetland. DEL has said they will come back for a second look, but they will not say when. Meanwhile, every moment that the trucks are allowed to keep dumping means more and more evidence is buried. Every load of fill means it will be harder to restore the wetland to a functional system. The Kingsburg Coastal Conservancy has offered to buy the property at fair market value, and has asked the owners to stop infilling. On September 10, the owners stated “We have not yet made a decision (about selling) but will be responding to you within the next 48 hours. Until we do make our decision, we are hesitant to delay site development further.” Time is of the essence. Please stop the destruction of this land until an investigation can be made.