Conservation and Reclamation Regulation
(AR 115/93)
September 1994
The Environmental Protection and Enhancement Act (EPEA) will
continue the role of Alberta Environment in regulating the conservation
and reclamation of land affected by industrial activities.
Background
The conservation and reclamation of land which has been used in
connection with certain kinds of industrial activities has been
regulated by the Land Surface Conservation and Reclamation Act and nine
regulations made under that Act. This Act and regulations establish a
detailed system for dealing with disturbances of the land surface.
Overview
Alberta's environmental laws have been consolidated and updated by EPEA.
Part 6 of the Act deals with conservation and reclamation matters, including
environmental protection orders and reclamation certificates, and security
provisions for operators.
The Conservation and Reclamation Regulation continues provisions
related to the jurisdiction of Conservation and Reclamation, including
reclamation inquiries, environmental protection orders and reclamation
certificates. This regulation also deals with requirements for provision
of security by operators in relation to anticipated costs of
conservation and reclamation, and sets out procedures for requiring
security, forms of security required, and provisions for return and
forfeiture of security. This regulation replaces the following
legislation:
- Land Surface Conservation and Reclamation Act (Part 3);
- Inquiry Procedure Regulation;
- Part 3 Administrative Transfer Regulations;
- Council's Administrative Jurisdiction Regulation;
- Security Deposit Ministerial Regulation; and
- the Land Conservation Regulations.
Regulatory Details
The Act provides that "specified land" is to be defined in
this regulation. The definition incorporates the list of activities in
the Land Surface Conservation and Reclamation Act which are required to
be reclaimed upon abandonment, and adds land used for the
"construction, operation or reclamation of a plant". The
definition also adds "construction of public roadways" to
ensure proper conservation methods are practiced.
This regulation provides for the appointment of conservation and
reclamation inspectors by local authorities. The Director has the
ability to set remuneration for inspectors appointed by local
authorities, and the authority to deal with inspectors whose performance
is unsatisfactory in ensuring reclamation criteria are met. Consultation
will occur with respect to inspectors who are appointed by local
authorities.
The administrative jurisdiction of the inspectors is continued with
respect to reclamation inquiries, but conservation and reclamation
inspectors appointed by local authorities will only be required for
inquiries on land in the White Area of the province.
The Conservation and Reclamation Regulation outlines the contents of
environmental protection orders and the contents of an application for a
reclamation certificate. Environmental protection orders will no longer
deal with weed control, safety hazards or land improvements (e.g.
fences, gates), as these matters are not related to reclamation or are
dealt with by other government departments or agencies.
This regulation contains a new provision allowing an environmental
protection order to be issued for a specified period of time after a
reclamation certificate has been issued. This period will be up to five
years for activities on specified land that do not require an approval
under the Act and up to twenty-five years for plant sites. Operations
that require an approval will not normally be subject to environmental
protection orders after a reclamation certificate has been issued since
detailed plans are reviewed and approved, and regular inspections are
conducted. In these circumstances, operators will be required to declare
that plans and approval conditions have been followed.
This regulation allows security to be collected with respect to
activities on specified land which do not require an approval under the
Act (for example, well sites). Implementation of this provision will
provide an incentive for reclamation and protect the government from
liability for reclamation costs.
For more information, please call:
Alberta Environment
(780) 427-2700
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