Pauingassi First Nation Traditional Use Planning Area Regualtion
This regulation sets up the Pauingassi First Nation Traditional Use Planning Area and restricts certain resource and energy activities in different land-use zones, with some activities allowed only if approved under the agreement.
Pauingassi First Nation Traditional Use Planning Area Regualtion, M.R. 155/2012 The East Side Traditional Lands Planning and Special Protected Areas Act , C.C.S.M. c. E3 Regulation 155/2012 Registered December 14, 2012 bilingual version (HTML) Definitions 1 The following definitions apply in this regulation. "Act" means The East Side Traditional Lands Planning and Special Protected Areas Act . («  Loi ») "agreement" means the Pauingassi First Nation Land Use Plan Implementation Agreement made on June 9, 2011 between the Government of Manitoba and Pauingassi First Nation. (« accord ») "micro-hydro development" means the generation of small amounts of electricity in a manner that has minimal effect on natural water flows. (« développement de la microproduction d'hydro-électricité ») "planning area" means the Pauingassi First Nation Traditional Use Planning Area established under section 2. (« zone de planification ») M.R. 170/2012 Planning area established 2(1) The Pauingassi First Nation Traditional Use Planning Area is hereby established. 2(2) Subject to subsection (3), the planning area consists of all lands within the boundary line shown on Plan No. 20504 filed in the Winnipeg office of the Director of Surveys appointed under The Surveys Act. 2(3) Any private land and any land within the boundaries of a reserve as that term is defined under the Indian Act (Canada) is not included in the planning area. Land use areas 3(1) The planning area is divided into the following land use areas: (a) the Protected Area; (b) the Enhanced Management Area; (c) the Commercial Area. 3(2) The boundaries of each land use area are set out on Director of Surveys Plan No. 20504. M.R. 170/2012 Protected Area prohibitions 4 Logging, mineral exploration, mining, and the development of oil, petroleum, natural gas or hydro-electric power are prohibited in the Protected Area. M.R. 170/2012 Enhanced Management Area prohibitions 5(1) Subject to subsection (2), logging, mineral exploration, mining, and the development of oil, petroleum, natural gas or hydro-electric power are prohibited in the Enhanced Management Area. 5(2) A person may engage in an activity prohibited under subsection (1) in the Enhanced Management Area if (a) the activity has been approved in the manner contemplated in the agreement; and (b) the activity is one of the following: (i) aggregate extraction, (ii) community sustainable forestry, (iii) micro-hydro development, (iv) any activity related to the development, upgrade or maintenance of an existing or future road in the Enhanced Management Area. M.R. 170/2012 Commercial Area activities 6 Community-based sustainable forestry, mineral exploration, mining, and the development of oil, petroleum, natural gas or hydro-electric power may be undertaken in the Commercial Area only when that activity has been approved in the manner contemplated in the agreement. M.R. 170/2012 Transmission line activities permitted 7 Notwithstanding any other provision of this regulation, activities related to the development, maintenance or upgrade of an existing or future electricity transmission line with a capacity not greater than 115 kV may occur in all parts of the planning area, if the activity has been approved in the manner contemplated in the agreement. M.R. 170/2012 Regulation subject to Act 8 This regulation is subject to section 24 of the Act. M.R. 170/2012