Yukon Environmental and Socio-economic Assessment Act

Version of section 48 from 2004-11-13 to 2015-06-17:

Marginal note:Declarations
  •  (1) Where an activity is listed under paragraph 47(1)(a) but is excepted under paragraph 47(1)(b), a declaration that the activity is subject to assessment may nevertheless be made, in circumstances referred to in subsection (3) or (4), by

    • (a) a federal agency that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken or has received an application for financial assistance for the activity;

    • (b) the federal minister, if the Governor in Council has the power to issue an authorization required for the activity to be undertaken or if a federal independent regulatory agency is the proponent of the activity, has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken or has received an application for financial assistance for the activity;

    • (c) the territorial minister, if a territorial agency, a municipal government or a territorial independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken; or

    • (d) a first nation that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken.

  • Marginal note:Consent to declaration

    (2) A declaration that a particular activity is subject to assessment must be consented to by every person or body referred to in subsection (1) that has the power to make that declaration.

  • Marginal note:Significant adverse effects

    (3) A declaration that an activity is subject to assessment may be made by the federal agency, federal minister, territorial minister or first nation if they are of the opinion that the activity might

    • (a) have significant adverse environmental or socio-economic effects in or outside Yukon; or

    • (b) contribute significantly to cumulative adverse environmental or socio-economic effects in combination with projects for which proposals have been submitted under subsection 50(1) or with other activities known to them that are proposed, undertaken or completed in or outside Yukon.

  • Marginal note:Activity in protected area

    (4) A declaration that an activity is subject to assessment may also be made in respect of an activity if the activity is to be undertaken

    • (a) in an area that contains a heritage resource, other than a record only, or that is a heritage resource, and that is for that reason protected by federal, territorial or first nation law or that is identified, in a land use plan in effect under a final agreement, as an area that should be so protected;

    • (b) in a special management area that is identified as such in a final agreement or that is established in accordance with a final agreement; or

    • (c) in an area that forms the habitat for any species of plant or wildlife that is determined to be rare, threatened, endangered or at risk by or under federal, territorial or first nation law.

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