NLR 67/11 - Palaeontological Resource Regulations under the Historic Resources Act

NEWFOUNDLAND AND LABRADOR REGULATION 67/11 Palaeontological Resource Regulations under the Historic Resources Act (O.C. 2011-198) (Filed July 19, 2011) Under the authority of section 33 of the Historic Resources Act, the Lieutenant -Governor in Council makes the following regulations. Dated at St. Johns , July 8, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Permit required 4. Report respecting permitted activities 5. Significant site designation 6. Significant fossil designation Schedule A Schedule B Short title 1. These regulations may be cited as the Palaeontological Resource Regulations. Back to Top Definitions 2. In these regulations (a) "Act" means the Historic Resources Act ; and (b) "permit" means an investigation permit issued by the minister under section 3. Back to Top Permit required 3. (1) A palaeontological investigation shall not be carried out at a significant palaeontological site unless the person who is carrying out the investigation holds a permit for that investigation issued by the minister. (2) The minister may issue a permit to a person who applies to carry out a palaeontological investigation at a significant palaeontological site where (a) the area for which the permit is to be issued is the property of the Crown or the person has obtained the permission, in writing, of the owner of the area or land for which the permit is to be issued; (b) the applicant is considered by the minister to be qualified to carry out the proposed research; (c) the applicant submits a proposal acceptable to the minister; and (d) the application is made in a form and contains the information required by the minister. (3) A permit issued under this section (a) shall describe the significant palaeontological site to which it applies; (b) shall be valid for the time period prescribed in it; and (c) is subject to the terms and conditions that the minister may impose. (4) The terms and conditions which may be imposed by the minister under paragraph (3)(c) include (a) permission to collect a significant fossil in the manner required by the minister; (b) restrictions on the methods which may be employed in the course of the research, including restrictions on the methods of impression taking which may be allowable; and (c) prohibitions or restrictions on the presence or use of hammers, drills, saws and other tools in the significant palaeontological site to which the permit applies. (5) Where the applicant has contravened the Act, these regulations or a term or condition of a permit, the minister may suspend or cancel that permit or refuse to issue a subsequent permit. (6) An application may be made to include more than one significant palaeontological site, but where another project is initiated in the same significant palaeontological site, a separate permit is required. (7) A person who holds a permit issued under these regulations may apply to the minister to amend the permit and the minister may refuse, allow or vary the amendment in whole or in part and amend the permit accordingly. (8) A student enrolled in a post-graduate university program may make an application for a permit under this section with the written endorsement of a sponsor who meets the requirements of paragraph 3(2)(b). Back to Top Report respecting permitted activities 4. The minister may require reports to be submitted to him or her with respect to activities carried out under a permit issued under these regulations, and those reports shall contain the information and be in the format that the minister may require. Back to Top Significant site designation 5. (1) The criteria which may be considered in the designation of a site as a significant palaeontological site include: (a) a type locality of a genus or species; (b) a type or reference stratigraphic section; (c) a reference locality for the calibration of palaeontological and other time scales; and (d) a locality of particular importance for the science of palaeontology. (2) The sites described in Schedule A are designated as significant palaeontological sites. Back to Top Significant fossil designation 6. (1) A fossil may be determined to be a significant fossil where it is a palaeontological resource of significant scientific value for its rarity as an unusual or exceptional example of one or more of the following: (a) a genus or species; (b) an organism of a particular age; (c) anatomical completeness; (d) a mode or quality of preservation; (e) size or other physical attributes; and (f) it is of commercial value. (2) The fossils described in Schedule B are designated as significant fossils. Back to Top Schedule A Designated Significant Palaeontological Sites Manuels River : The Manuels River site is protected because of its historic significance to trilobite palaeontology and the presence of exceptionally well-preserved and undeformed trilobites. All that piece of land situate and being within the town of Conception Bay South in the province and abutted and bounded as follows: Beginning at a point on Manuels River, Conception Bay South, where Route 60 crosses Manuels River, that point having coordinates of north 5,264,600 metres and east 353,480 metres, Zone 22, North American Datum 1983; Then running in a north-northeasterly direction along the river for a distance of 1,950 metres, more or less, to a point on the coastline, where the river meets Conception Bay, that point having coordinates north 5,266,150 metres and east 352,660 metres, Zone 22, North American Datum 1983; And including that part of the river valley up to 100 metres from the centre of Manuels River . Blanche Brook : The Blanche Brook site is protected due to the presence of well-preserved tree and other plant fossils. All that piece of land situate and being within or near Stephenville in the province, abutted and bounded as follows: Beginning at a point on Blanche Brook, Stephenville, where Route 460 crosses Blanche Brook, that point having coordinates of north 5,379,970 metres and east 383,290 metres, Zone 21, North American Datum 1983; Then running in a northerly direction along the river for a distance of 3,360 metres, more or less, to a point in the centre of Blanche Brook, that point having coordinates north 5,382,250 metres, and east 383,177 metres, Zone 21, North American Datum 1983; And including the area within 50 metres of the centre of Blanche Brook. Spaniard's Bay Upper Island Cove Fossil Site, also known as Allison Surface. The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of costal outcrops of bedrock situated and being within or near the Allison Surface, Upper Island Cove, Spaniard's Bay, in the province, abutted and bounded as follows: The area to be protected lies along the shoreline and east of the road between: northern limit NAD 83 Zone 22 334455E/5279420N and southern limit: NAD 83 Zone 22 334450E/5279335N. The approximate fossil site locality is NAD83, Zone 22, 334400E, 5279370N. Green Head Locality The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal outcrops of bedrock situated and being with or near Green Head, Spaniard's Bay, in the province, abutted and bounded as follows: Along the shoreline between the Northern limit, UTM coordinates NAD 83, Zone 22 329200E, 5275745N, and southern limit NAD 83, Zone 22, 329000E, 5275570N. The approximate fossil site locality is NAD 83, Zone 22, 328310E, 5275720N. Bishop's Cove The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal outcrops of bedrock situated and being within or near Bishop's Cove, Spaniard's Bay, in the province, abutted and bounded as follows: On the shoreline, in the vicinity of the community know as Bishop's Cove, northeast of Spaniard's Bay. Along the shoreline between the eastern limit UTM coordinates NAD83, Zone 22, 333860E, 5278850N, and western limit NAD 83, Zone 22, 333340E, 5278415N. The approximate fossil locality is NAD 83, Zone 22, 333600E, 5278550N. Eastern Bonavista Peninsula Catalina Harbour - Goodland Point Section A: The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal outcrops of bedrock situate and being within or near Goodland Point, in Catalina, Trinity Bay North, in the province, abutted and bounded as follows: On the north shore of Catalina Harbour, beginning at a point on the east shoreline of Goodland Point, south of the bridge and near the old piers, the coast between that point having approximate coordinates of north 5, 375,600 metres and east 347,355 metres, Zone 22, North American Datum 1983, and that point having approximate coordinates of north 5, 375,600 metres and east 347,325 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Catalina Harbour - Goodland Point Section B The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal outcrops of bedrock situate and being within or near Goodland Point, Catalina, Trinity Bay North, in the province, abutted and bounded as follows: Beginning at a point on the south shore of Goodland Point, Catalina Harbour, west of the navigation light, the coast between that point having approximate coordinates of north 5,375,350 metres and east 347, 320 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,375,350 metres and east 347,400 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Catalina Harbour - Goodland Point Section C The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal outcrops of bedrock situate and being within or near the southeastern end of Goodland Point, Catalina, Trinity Bay North, in the province, abutted and bounded as follows: Beginning at a point on the southeast end of Goodland Point, Catalina Harbour, the coast between that point having approximate coordinates of north 5,375,250 metres and east 347,620 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,375,265 metres and east 347,640 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Rowland Cove The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near Rowland Cove, between Catalina, Trinity Bay North and Little Catalina, in the province, abutted and bounded as follows: On the north shore of Rowland Cove, beginning at a point on the shoreline east of the main beach, the coast between that point having approximate coordinates of north 5,376,980 metres and east 348,715 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,376,985 metres and east 348,655 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Rowland Head and Little Catalina Harbour West The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the east shore of Rowland Cove, extending south to, and including Rowland Head, and thence northwards for approximately 700 metres along the west shore of Little Catalina Harbour, in the province, abutted and bounded as follows: On the northeast shore of Rowland Cove, beginning at a point east of the easternmost beach, the coast between that point having approximate coordinates of north 5,376,970 metres and east 348,800 metres, Zone 22, North American Datum 1983 and that point on the west side of Little Catalina Harbour having approximate coordinates of north 5,377, 435 metres and east 348,840 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Little Catalina Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the east side of Little Catalina Harbour, on the south side of the small coastal headland between Big Brook and the road to the government wharf, in the province, abutted and bounded as follows: On the south shore of the aforementioned headland, beginning at a point east of the sandy beach, the coast between that point having approximate coordinates of north 5,378,515 metres and east 348,860 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,378,520 metres and east 348,940 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Maberly Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of low-lying coastal exposures of bedrock situate and being within or near the west shore of Trinity Bay, approximately one kilometre south of Maberly, in the province, abutted and bounded as follows: The coast, between that point having approximate coordinates of north 5,386,160 metres and east 351,885 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5, 385,915 metres and east 352,110 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Melrose Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the west shore of Trinity Bay, at Melrose , Trinity Bay North, in the province, abutted and bounded as follows: On the north side of Melrose Harbour, the coast extending approximately 350 metres in both directions from the northern terminus of the community road, between that point having approximate coordinates of north 5,372,055 metres and east 347,265 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,372,525 metres and east 347,755 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Back Cove Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the west shore of Trinity Bay, at Back Cove, approximately 1.5 kilometres northeast of Melrose, Trinity Bay North, and adjacent to the Murphys Cove - Lodges Pond Hiking Trail, approximately 250 metres east of Lodges Pond, in the province, abutted and bounded as follows: On the coast of Back Cove, extending north and south in both directions from the point at which the aforementioned Hiking Trail meets the coastline northern end of the community road, between that point having approximate coordinates of north 5,373,025 metres and east 347,364 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,373,225 metres and east 347,405 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Back Cove North Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the west shore of Trinity Bay, at Back Cove, located approximately 1.5 kilometres northeast of Melrose, Trinity Bay North, in the province, abutted and bounded as follows: On the north shore of Back Cove, extending north around the small headland that marks the north side of the cove, between that point having approximate coordinates of north 5,373,435 metres and east 347, 470 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,373,690 metres and east 347, 710 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Murphys Cove Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the south side of Catalina Harbour, between the east terminus of the Port Union road and the western end of the headland at the north side of Murphys Cove, in the province, abutted and bounded as follows: On the coast of Catalina Harbour, between that point having approximate coordinates of north 5,374,205 metres and east 346,830 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,374,690 metres and east 347,751 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Burnt Point Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the south side of Catalina Harbour, up to Burnt Point and then approximately 250 metres to the south along the west shore of Trinity Bay, in the province, abutted and bounded as follows: On the coast of Burnt Point, Catalina Harbour, between that point having approximate coordinates of north 5,374,815 metres and east 348, 195 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,374,710 metres and east 348, 605 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Port Union South Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the south side of Catalina Harbour, in Port Union, in the area of the small cove 100 metres west of the Coaker Foundation Factory, in the province, abutted and bounded as follows: On the south shore of Catalina Harbour, between that point having approximate coordinates of north 5,373,825 metres and east 346,075 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,373,910 metres and east 346,110 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Coaker Foundation Boardwalk Section The coastal outcrops of bedrock described in this site are protected due to the presence of well-preserved Ediacaran fossils. All that piece of land that consists of coastal exposures of bedrock situate and being within or near the south side of Catalina Harbour, in Port Union, in the area of the boardwalk at the Coaker Foundation, in the province, abutted and bounded as follows: On the south shore of Catalina Harbour, between that point having approximate coordinates of north 5,373,810 metres and east 346,420 metres, Zone 22, North American Datum 1983 and that point having approximate coordinates of north 5,373,865 metres and east 346,270 metres, Zone 22, North American Datum 1983; And including the area between the low water mark and the inland extent of the coastal bedrock exposure, and including loose blocks of rock lying upon or otherwise adjacent to the exposed bedrock. Back to Top Schedule B Significant fossils 1. All pre -Quaternary vertebrate fossils, being all vertebrate fossils found in consolidated rock. 2. All fossils from rocks of Ediacaran age or older, excluding microfossils and the common form of Aspidella. 3. In particular: Aspidella terranovica Billings 1872 Avalofractus abaculus Narbonne et al. 2009 Beothukis mistakensis Brasier & Antcliffe 2009 Blackbrookia sp. Hofmann et al. 2008 Bradgatia linfordensis Boynton and Ford 1995 Buthotrephis Crimes & Anderson 1985 Charnia antecedens Laflamme et al. 2007 Charnia grandis Glaessner & Wade 1966 Charnia masoni Ford 1958 Charniodiscus arboreus Glaessner 1959 Charniodiscus procerus Laflamme et al. 2004 Charniodiscus spinosus Laflamme et al. 2004 Fractofusus andersoni Gehling & Narbonne 2007 Fractofusus misrai Gehling & Narbonne 2007 Hadrynichorde catalinensis Hofmann et al. 2008 Hadryniscala avalonica Hofmann et al. 2008 Hiemalora stellaris Fedonkin 1980 Ivesheadia lobata Boynton & Ford 1995 Parviscopa bonavistensis Hofmann et al. 2008 Pectinifrons abyssalis Bamforth et al. 2008 Primocandelabrum hiemaloranum Hofmann et al. 2008 Thectardis avalonensis Clapham et al. 2004 Trepassia wardae Narbonne et al. 2009 pro Charnia wardi Narbonne and Gehling 2003 Triforillonia costellae Gehling et al. 2000 4. Also including: (a) incertae sedis and dubiofossils; (b) undescribed plant remains, for example, carbonaceous megafossils including Vendotaenia); and (c) stromatolites of probable pre-Ediacaran age on the Burin Peninsula .