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CHAPTER 3

OF THE

ACTS OF 1991


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Protect
the Halifax Public Gardens

Short title

1 This Act may be cited as the Halifax Public Gardens Protection Act. 1991, c. 3, s. 1.

Purpose

2 The purpose of this Act is to

(a) ensure that development in the protected area surrounding the Halifax Public Gardens is not incompatible with the character of the Halifax Public Gardens; and

(b) protect the Halifax Public Gardens and surrounding area for an interim period to enable the Province to develop provincial land-use policies applicable to the protected area pursuant to the Planning Act. 1991, c. 3, s. 2.

Interpretation

3 (1) In this Act,

(a) "agreement" means a development agreement made pursuant to the Planning Act and includes an amendment thereto;

(b) "Council" means the Council of the City of Halifax; and

(c) "interim period" means the period beginning on the date this Act comes into force and ending on

whichever is earlier;

(d) "Minister" means the member of the Executive Council charged with the administration of this Act;

(e) "permit" means a municipal development permit;

(f) "protected area" means the area described in the Schedule to this Act.

Planning Act

(2) In this Act, words and expressions not defined herein have the same meaning as in the Planning Act. 1991, c. 3, s. 3.

Restriction on development during interim period

4 (1) Notwithstanding the Planning Act or any planning strategy or land-use by-law made pursuant to that Act,

(a) no agreement for a development in the protected area shall be entered into; and

(b) no permit for a development in the protected area pursuant to an agreement shall be issued,

during the interim period.

Exception

(2) This Section does not apply to an agreement or permit with respect to a development where

(a) the approval of the entering into of that agreement was made by the Council before this Act comes into force; and

(b) any amendment to that agreement after this Act comes into force is made pursuant to a decision of the Nova Scotia Municipal Board. 1991, c. 3, s. 4.

Planning amendments during interim period

5 An amendment, adopted by the Council during the interim period, to a planning strategy or a land-use by-law has no force or effect with respect to the protected area during the interim period. 1991, c. 3, s. 5.

Right of action where contravention

6 (1) In the event of any contravention of or failure to comply with this Act and in addition to or in lieu of any other proceedings authorized by law, the Minister may bring an action or other legal proceedings in respect thereof in the Trial Division of the Supreme Court or in the county court for any or all of the remedies provided by this Section or otherwise provided by law.

Planning Act

(2) Subsections (2), (3) and (4) of Section 120 and Sections 121 and 122 of the Planning Act apply mutatis mutandis to this Act. 1991, c. 3, s. 6.

Conflict with other enactment

7 In the event of a conflict between this Act and any other Act including the Planning Act, a planning strategy or a land-use by-law, the provisions of this Act prevail notwithstanding Section 130 of the Planning Act. 1991, c. 3, s. 7.

Compensation

8 No compensation is payable for anything done pursuant to this Act. 1991, c. 3, s. 8.

SCHEDULE

BEGINNING at the intersection of the centre lines of College Street and Carleton Street in the City of Halifax, in the County of Halifax and Province of Nova Scotia;

THENCE northerly following the centre line of Carleton Street until it reaches the southern boundary of Camp Hill Cemetery;

THENCE continuing northerly in a straight line along the prolongation of the centre line of Carleton Street through the Camp Hill Cemetery to the centre line of Jubilee Road;

THENCE easterly along the centre line of Jubilee Road and its easterly prolongation to its intersection with the centre line of Summer Street;

THENCE along the centre line of Summer Street to a point where the centre line of Summer Street is intersected by the prolongation of the southerly side of what is now a paved lane leading easterly from Summer Street to Bell Road and located between lands of the City of Halifax now known as the Wanderers Grounds and lands on which the Nova Scotia Museum is now situate;

THENCE northeasterly along the prolongation of the southerly side of the said paved lane and continuing along the southerly side of the said paved lane to a point where the southerly side of the said paved lane is intersected by the southwesterly sideline of Bell Road;

THENCE continuing in a straight line at right angles to the southwesterly sideline of Bell Road until the line intersects with the centre line of Bell Road;

THENCE southeasterly along the centre line of Bell Road and its southerly prolongation to its intersection with the centre line of Sackville Street;

THENCE easterly along the centre line of Sackville Street to its intersection with the northerly prolongation of the centre line of Dresden Row;

THENCE southerly along the centre line of Dresden Row to its intersection with the centre line of Spring Garden Road;

THENCE westerly along the centre line of Spring Garden Road to its intersection with the northerly prolongation of the centre line of Brenton Street;

THENCE southerly along the centre line of Brenton Street to its intersection with the centre line of Brenton Place;

THENCE westerly along the centre line of Brenton Place and along its westerly prolongation to the eastern boundary of Victoria Park;

THENCE westerly along the westerly prolongation of the centre line of Brenton Place through Victoria Park to the centre line of Tower Road;

THENCE northerly along the centre line of Tower Road to its intersection with the easterly prolongation of the centre line of College Street;

THENCE westerly along the centre line of College Street to the place of beginning;

EXCEPTING THEREFROM the lot on which is situate the building known as Civic Number 1491 Carleton Street.

1991, c. 3, Sch.

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