From September 2, 2011 Chronicle Herald, Business Section. The judge’s reference to the fostering of community involvement in the management of coastal resources under the provincial Fisheries and Coastal Resources Act is encouraging.
By CHRIS LABIA Business Editor
Fri, Sep 2 – 4:54 AM
A Shelburne couple has convinced a judge that they should be able to appeal a decision that allowed a fish farm to be larger and closer to their property than first announced.
Marian and Herschel Specter, who live on the Shelburne Harbor waterfront, appealed a decision by Sterling Believe, the provincial minister of fisheries and aquaculture, to allow changes to three aquaculture licenses held by Kelly Cove Salmon Ltd. Believe had tried to have the couple’s appeal of his decision this past spring dismissed because it wasn’t filed within the 30-day time limit.
“Here, the appellants have an arguable case that the minister’s decision exceeded his jurisdiction,” Justice Arthur LeBlanc of Nova Scotia Supreme Court said in a written decision released Thursday.
“The respondents have not argued undue delay. Therefore, even though the appellants’ appeal was not filed in time, it should not be dismissed as untimely. The minister’s motion to dismiss the appeal on the basis of timeliness is refused.”
None of the fish farm sites shared boundaries with their previously approved locations, the judge said.
“There is also evidence that the sites may have a detrimental impact on other uses of marine resources, particularly in the intertidal zone,” LeBlanc said. “In these circumstances, there is an arguable case that the amendment procedure was not appropriate, and that the minister should have followed the procedure for granting new licenses.”
The closest of the three aquaculture sites was being moved to within about 240 meters of the couple’s property.
“In this case, the decision at issue authorized the movement of an industrial food production facility — an aquaculture fish farm — to within approximately 240 meters of an adjacent coastal landowner,” the judge said. “The owner of the fish farm admits that water clouding in the vicinity can occur, as well as increased algae and slime in the intertidal zone.”
Kelly Cove Salmon argued that the Specters lacked standing in the case. But the judge didn’t buy it.
He pointed out that one of the purposes of the provincial Fisheries and Coastal Resources Act is to foster community involvement in the management of coastal resources.
“The value of the appellants’ property may be impacted by this decision. The appellants’ use of the intertidal zone immediately adjacent to their property may also be impacted by this decision. This potential impact will affect the appellants in ways that are significantly different from the general public.”
( clambie@herald.ca)
Link to Fisheries Act: http://nslegislature.ca/legc/statutes/fishand.htm