Orders in Council Database

Under the authority of section 67(3)(a) of the Environmental Protection Act, upon the recommendation of the Minister of Environment and Conservation, the Lieutenant Governor in Council hereby releases the Long Harbour Commercial Nickel Processing Plant Proposal by Vale Inco Newfoundland and Labrador Limited from environmental assessment, subject to the following ten conditions:

                                      i) the Proponent is to prepare an Environmental Protection Plan (EPP) and submit it to the Minister of Environment and Conservation for the Minister’s approval prior to the start of construction;

                                      ii) the Proponent is to prepare a Women’s Employment Plan (WEP) acceptable to both the Minister Responsible for the Status of Women and the Minister of Environment and Conservation and submit it prior to the start of construction and no later than October 15, 2008;

                                      iii) the Proponent shall, in accordance with section 84 of the Environmental Protection Act,supply and maintain, financial or other security to cover the predicted cost of rehabilitation work in the event of default on this responsibility by the Proponent or any subsequent property owner that would have or share the responsibility for perpetual care associated with the facility.  This amount will be determined, supplied, and revised in a manner consistent with section 10 of the Mining Act;

                                      iv) the Proponent is to prepare an Environmental Emergencies Contingency Plan to be approved by the Minister of Environment and Conservation prior to construction and amended by the Proponent and re-submitted for approval as necessary from time to time;

                                      v) the Proponent is to prepare an Environmental Effects Monitoring Plan (EEMP), with annual reporting to the Minister of Environment and Conservation and submit it for the Minister’s approval prior to the start of construction;

                                      vi) the Proponent is to hire or assign prior to construction, and keep staffed, Environmental Monitors sufficient for the job to serve for the life of the Project as a first line of contact for government officials at the site;

                                      vii) the Proponent must develop a Fisheries and Aquaculture Compensation Program by March 31, 2009 for approval by the Minister of Environment and Conservation, and apply it to any fisher or aquaculture operator who experiences (and can demonstrate) economic loss as a result of any phase of this Project;

                                      viii) a Project Fisheries and Aquaculture Liaison Committee must be implemented with annual reporting to the Minister of Environment and Conservation;

                                      ix) the Proponent must convene in Long Harbour at least quarterly, and chair, a Community Liaison Committee involving all interested Provincial Departments/Agencies and stakeholder groups (to have Terms of Reference patterned after the Community Liaison Committee for the Argentia Demonstration Plant such that both the Proponent and the Community will have representatives from both genders and the Committee will strive for gender equity); and

                                      x) the Proponent is to implement the mitigation measures, monitoring, and follow-up commitments contained in the Environmental Impact Statement (EIS) submitted April 14, 2008.