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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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