Environmental Assessment, Reclamation and Exploration The summaries and their associated interpretations contained in this document are for general information only, not legal advice. To interpret or apply the law, you must consult the legally enforceable documents (Acts, Regulations, Agreements etc...). This information is provided as is, without representation or warranty. The College of Alberta Professional Foresters will not be responsible for any loss or damage arising from your reliance on this information. These summaries and interpretations are provided for your personal or educational use; it cannot be reproduced for commercial distribution. This lesson covers the requirements of other industries (e.g. oil and gas) for environmental impact assessment and reclamation activities. It also covers the requirements for the development of forest industry facilities. After working through this lesson, you should be able to: Reference materials for this unit: 1. (MK) Environmental Protection and Enhancement Act a. (SK) Environmental Assessment (Mandatory & Exempted Activities) Regulation b. (SK) Environmental Assessment Regulation c. (SK) Conservation and Reclamation Regulation 2. (MK) Canadian Environmental Assessment Act (Federal) 3. (MK) Enhanced Approval Process (EAP) Manual 4. (SK) Exploration Regulation (Forests Act, Mines and Minerals Act, Public Highways Development Act, Public Lands Act) 5. (SK) Natural Resources Conservation Board Act 6. (NTK) Weed Management on Industrial Sites 7. (NTK) A Guide to: Reclamation Criteria for Wellsites and Associated Facilities 2007 Forested Lands in the Green Area Update 8. (NTK) Native Plant Revegetation Guidelines for Alberta Version 1 (January 2015) 1 of 12 Return To The Beginning
Environmental Protection and Enhancement Act (E-12, RSA 2000) Current as of December 17, 2014 The Environmental Protection and Enhancement Act consolidated several old Acts to try to bring an integrated approach to protect land, air and water. The guiding principles of the Act include public involvement, shared responsibility, sustainable development and polluters pay. Importance to the Practice of Forestry: Forest management activities are not included under this Act, however, there are provisions in the Act that allow for the ordering of an EIA for any proposed activity. Section 2: Purpose of the Act Section 43: Director's power to require an environmental assessment Section 44: Initial review by Director Section 48: Terms of Reference Section 49: Contents of an Environmental Impact Assessment (EIA) report Document summary updated January 11, 2010 Reading: Queen's Printer Version 1 (January 2015) 2 of 12 Return To The Beginning
Environmental Assessment (Mandatory & Exempted Activities) Regulation (AR 111/1993) (Environmental Protection and Enhancement Act) With amendments up to and including Alberta Regulation 62/2008 This Regulation outlines those activities for which an Environmental Impact Assessment (EIA) is mandatory, as well as those activities that are exempted. Importance to the Practice of Forestry: The only forestry-related mandatory EIA activities are the construction, operation or reclamation of a pulp, paper, newsprint or recycled fiber mill with a capacity of more than 100 tonnes per day. Schedule 1(a): NOTE: While forest management activities are not on the Mandatory Activities EIA list (Schedule 1), neither are they included in the Exempted Activities list (Schedule 2). Provisions in the Act allow for the ordering of an EIA for a proposed activity that is not a listed mandatory activity. This Regulation outlines the documentation and information required for each proposed activity dealt with in an EIA. Document summary updated February 15, 2014 READING: Queen's Printer Version 1 (January 2015) 3 of 12 Return To The Beginning
Environmental Assessment Regulation (AR 112/1993) (Environmental Protection and Enhancement Act) With amendments up to and including Alberta Regulation 89/2013 This Regulation outlines the documentation and information required for each proposed activity dealt with in an EIA. Importance to the Practice of Forestry: Important to proponents involved in an EIA process. Section 6: Notice of proposed terms of reference Section 7: Notice of final terms of reference Section 8: Notice of EIA report Document summary updated February 15, 2014 READING: Queen's Printer Version 1 (January 2015) 4 of 12 Return To The Beginning
Conservation and Reclamation Regulation (RA 115/1993) (Environmental Protection and Enhancement Act) With amendments up to and including Alberta Regulation 169/2014 This Regulation covers the issuance of reclamation certificates for those lands which must be reclaimed under the Act (not normally required for land managed for forests). Importance to the Practice of Forestry: Some government forestry practitioners may be called upon to be reclamation inspectors. Most activities requiring reclamation certificates are associated with the oil and gas industry. Section 4: Jurisdiction of local authority inspectors Sections 6 & 8: Inquiries Section 12: Application for a reclamation certificate Document summary updated February 15, 2014 READING: Queen's Printer Version 1 (January 2015) 5 of 12 Return To The Beginning
Canadian Environmental Assessment Act (S.C.2012, c.19, s.52) (Federal) Current to December 15, 2014; last amended on November 25, 2013 The purpose of the CEAA is to integrate environmental factors into federal planning and decision making, taking into account public values and goals of sustainable development for areas of federal jurisdiction. The Act establishes the statutory basis for a process to assess the environmental effects of projects requiring federal action or decisions. Sustainable development is established as a fundamental objective of the federal environmental assessment process. The Canadian Environmental Assessment Agency (CEAA) administers the federal environmental assessment process. The Act has four stated objectives: ensure that the environmental effects of projects receive careful consideration before responsible authorities take action; encourage responsible authorities to take actions that promote sustainable development, thereby achieving or maintaining a healthy environment and a healthy economy; ensure that projects to be carried out in Canada or on federal lands do not cause significant adverse environmental effects outside the jurisdictions in which the projects are carried out; ensure that there is an opportunity for public participation in the Environmental Assessment process. Importance to the Practice of Forestry: Forest management activities are not generally covered under this Act. However, there are several forestry-related activities, such as road construction and bridge building, which may trigger an assessment under this Act. Section 4: Purpose of the Act Section 5.(1): Projects requiring environmental assessment Section 14: Environmental assessment process Section 16.(1): Factors to be considered Section 61.(1): Establishes CEAA Document summary updated January 11, 2010 Reading: Canada Justice Version 1 (January 2015) 6 of 12 Return To The Beginning
Enhanced Approval Process (EAP) Manual April 1, 2013 The Enhanced Approval Process (EAP) is the process used by certain clients of Environment and Sustainable Resource Development (ESRD) to make surface land use applications to ESRD. The EAP incorporates processes, procedures, policies, and information technology (IT) systems and tools to create a streamlined, efficient and effective approval process that enables and supports competitiveness and sustainable resource development. The EAP is the first step in a long-term commitment on behalf of government and industry to work together with real and shared accountability for delivering sustainable, long-term environmental outcomes. Importance to the Practice of Forestry: The scope of the EAP allows Mineral Surface Lease (MSL), Licence of Occupation (LOC - access), Pipeline Agreement (PLA) and Pipeline Installation (PIL) disposition applications for oil and gas developments on public land. Disposition applications for the following oil and gas developments on public land are specifically in scope: conventional oil and gas developments un-conventional gas developments (including tight gas, shale gas, and liquids rich gas, coal bed methane), in situ cold flow (defined as primary production wells that produce crude bitumen that will flow to a well without thermal energy) Document summary updated January 2015 READING: Alberta ESRD Version 1 (January 2015) 7 of 12 Return To The Beginning
Exploration Regulation (AR 284/2006) (Forests Act, Mines and Minerals Act, Public Highways Development Act, Public Lands Act) With amendments up to and including Alberta Regulation 170/2012 All exploration activity in the province (with the exception of coal and oil sands) is legislated under the Exploration Regulation, which is authorized in Part 8 of the Mines & Minerals Act. This includes geophysical (seismic) activity, quartz mineral exploration and exploration for surface materials (sand and gravel). Importance to the Practice of Forestry: Authorization is granted under this Regulation, along with site specific operating conditions, for companies to gain access onto and operate on the surface of Public Land for their proposed exploration activity. With the allocation of much of the Green Area to FMAs, the impact of exploration will become increasingly significant. Part 1, Sections 3 and 4(1): relates to potential future impacts on resource use, access and AACs. These sections stipulate that authorization must be granted by the Crown prior to any exploration activity on Public Land. Document summary updated February 15, 2014 READING: Queen's Printer Version 1 (January 2015) 8 of 12 Return To The Beginning
Natural Resources Conservation Board Act (N-3, RSA 2000) Current as of December 217, 2014 The Natural Resources Conservation Board (NRCB) reviews applications for approval of major natural resource development projects in Alberta. Projects reviewed under this Act include those from the forest, recreation and tourism and mining industries, water management projects and projects referred to the NRCB by the Cabinet. The NRCB must decide if these projects are in the public interest and in making this determination, must consider social, economic and environmental effects. The NRCB reports administratively to the Minister of ASRD. NRCB approvals must be authorized by the Cabinet and are in addition to any licenses, permits or approvals stipulated by other acts, regulations or by-laws. Importance to the Practice of Forestry: Forest industry projects include those to construct a facility to be used to manufacture pulp, paper, newsprint or recycled fiber, or to produce lumber, veneer, panelboard or treated wood for which an environmental impact assessment has been ordered by a director. Generally speaking, forest management activities are not covered under this Act. Any proponent should be aware of the requirements. Section 2: Purpose of the Act Section 4: Reviewable projects Section 7: Power of Board on inquiry Document summary updated February 15, 2014 READING: Queen's Printer Version 1 (January 2015) 9 of 12 Return To The Beginning
Weed Management on Industrial Sites 2012 This document reviews the legislated responsibilities of operators with regard to weeds on industrial dispositions (Weed Control Act and Public Lands Act). It notes that the Environmental Protection and Enhancement Act does not specifically address weeds. Reclamation certification criteria require the use of compatible species, which is assessed by comparing reclamation site vegetation with the vegetation on adjacent or surrounding land. Guidelines for operators to prevent the introduction and spread of weeds include tactics such as, communication, surveying, clean (weed-free) equipment and materials, timely revegetation, and active control. Document summary January 2015 Reading: Alberta Environment Version 1 (January 2015) 10 of 12 Return To The Beginning
A Guide to: Reclamation Criteria for Wellsites and Associated Facilities 2007 Forested Lands in the Green Area Update 2007 This document provides guidance on reclamation certification criteria. The fundamental principle of the criteria is that allowable changes in site conditions (including vegetation) are those that will still maintain the objective equivalent land capability; measured by the original or representative off-site capability. The criteria apply to wellsite leases, access roads, borrow pits, campsites, and off-site sumps. They do not apply to facilities or features that are left in place (ie. Roads, pads, dugouts etc). Facilities or features left in place must be compatible with adjacent land management. Document summary updated February 15, 2014 READING: Alberta ESRD Version 1 (January 2015) 11 of 12 Return To The Beginning
February 2001 Native Plant Revegetation Guidelines for Alberta The objective of the guidelines is to promote the use of native species in the revegetation of disturbed sites, encourage establishment of native plant communities, and acknowledge the site-specific role of non-native species to meet short-term revegetation goals. With regard to invasive plants, the guidelines provide direction to avoid their introduction through planting contaminant-free seed. Contaminants are identified as prohibited, primary and secondary noxious weeds under the federal Seeds Act, and restricted and noxious weeds as designated by the Weed Control Act. Also contained in the document are tips related to the management of non-native species in revegetated areas. Document summary January 2015 Reading: Alberta ESRD Version 1 (January 2015) 12 of 12 Return To The Beginning