Regional
District of Nanaimo MOU
Memorandum
of Understanding
Intergovernmental
Partnership Agreement
for the
Protection of Environmentally Sensitive Areas (ESA)
2000/2003
BETWEEN:
The Regional District
of Nanaimo
6300 Hammond Bay Road,
Lantzville, B.C. VOR 2H0
(hereinafter called the
"RDN")
AND:
Regional Director, Vancouver
Island Region
Ministry of Environment,
Lands and Parks
Nanaimo, B.C.
(hereinafter called "MELP")
AND:
Area Chief
Fisheries and Oceans
Canada
Habitat and Enhancement
Branch, South Coast Area
Nanaimo, B.C.
(hereinafter called "DFO")
1.
Purpose:
1.1 This agreement
is a statement of intent on the part of the signatories to develop
and implement a new collaborative process for the efficient delivery
of services in the areas of environmental permitting and protection.
1.2 The focus of
this agreement is to build a more cooperative framework to support
the protection of designated aquatic, fish, and wildlife habitats,
and enhance water management and pollution prevention activities.
1.3 To recognize
that this agreement provides the RDN with authority to assess
and determine environmental impacts associated with the development
of land within the RDN.
2.
Application
2.1 The parties
agree to jointly promote, support and participate in the integration
of fish and wildlife habitat protection interests in local government
land use, development control, infrastructure and operations decisions
by:
2.1.1 Identifying
and prioritizing the areas requiring protection for fish and
wildlife and sensitive ecosystems habitat protection information,
planning and regulation;
2.1.2 Coordinating
annual work planning for the provision of habitat information
to local governments needed to classify streamside protection
areas;
2.1.3 Participating in and supporting the classification of
streams and streamside areas for local planning and regulatory
attention;
2.1.4 Coordinating annual work planning for the collection
and classification of sensitive ecosystem information to be made
available as a resource for local government planning processes
and regulations; and
2.1.5 Continuing to utilize and update the ESA Atlas as the
environmental framework document.
2.2 The
parties agree that the RDN has responsibility for the management
of land development projects and that the collection of information
for assessment of development applications will:
2.2.1 Use
agreed upon guidelines (attached in Schedule 'A') and existing
bylaws (attached in Schedule 'B'); and
2.2.2 Include
the information necessary to review proposals and assist in
reaching a decision on the development.
2.3 The
parties agree that the guidelines, standards, and criteria as
set out in Schedule 'A' provide a reliable and acceptable mechanism
for RDN decision-making with respect to the approval, modification,
or rejection of proposals based on their impact on fish, wildlife,
and related habitat areas.
2.4 In
order to facilitate the cost-effective and timely protection of
fish and wildlife habitat, and sensitive ecosystems, as it pertains
to this agreement, DFO and MELP agree to:
2.4.1 Joint
consultations where the RDN is unable to make a decision without
technical assistance;
2.4.2 Contribute
the necessary support to update existing and prepare new model
practices guidelines on how to avoid harm to the environment;
and
2.4.3 Provide
for the timely review of applications.
2.5 The
parties accept that the scope of this Agreement may be expanded
to include other environmental management issuesresources, with
the concurrence of all signatories. These may include but are
not limited to groundwater initiatives, stormwater management
initiatives, Section 9 of the Water Act process, and coordinating
subdivision approval.
2.6 This agreement
shall include a dispute-resolution mechanism to address any unresolved
conflicts between the parties.
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