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the language has changed in the Water Act and simplified, these concepts appear to be carried
forward.
[391]
As noted several times in this Report, section 37(4) of the Water Act together
with AEP policy requires consent of the landowner if the work or activity is to take place on land
that is appurtenant to the approval and is not owned by the applicant. 91 Section 1(1)(b) provides
in part that the definition of activity means: the placing, constructing, operating, maintaining,
removing and disturbing works; carrying out any undertaking; and altering the flow, direction of
flow or level of water or changing the location of water for the purposes of removing an ice jam,
drainage, flood control.92 An undertaking is further defined in the Water Act as a project
established or carried on pursuant to the Water Act by a person related to an activity, diversion of
water, or operation of works.93 The definition of works includes a structure, device, contrivance
and the land associated with it, and any mitigative measures associated with it.94
91
“
Section 37(4) of the Water Act provides: If an applicant for an approval does not own the land in fee
simple or the undertaking to which the approval is to be appurtenant, if required by the Director, the applicant must
submit the written consent of the owner of the land or of the undertaking as part of the application for the approval.”
92
Section 1(1) of the Water Act provides in part:
“(b) ‘activity’ means
(i) placing, constructing, operating, maintaining, removing or disturbing works,
maintaining, removing or disturbing ground, vegetation or other material, or carrying out
any undertaking, including but not limited to groundwater exploration, in or on any land,
water or water body, that
(A) alters, may alter or may become capable of altering the flow or level of
water, whether temporarily or permanently, including but not limited to water in
a water body, by any means, including drainage,
(B) changes, may change or may become capable of changing the location of
water or the direction of flow of water, including water in a water body, by
drainage or otherwise,
(C) causes, may cause or may become capable of causing the siltation of water
or the erosion of any bed or shore of a water body, or
(D) causes, may cause or may become capable of causing an effect on the
aquatic environment;
(ii) altering the flow, direction of flow or level of water or changing the location of water
for the purposes of removing an ice jam, drainage, flood control, erosion control or
channel realignment or for a similar purpose;
(iii) drilling or reclaiming a water well or borehole;
(iv) anything defined as an activity in the regulations for the purposes of this Act
but does not include an activity described in subclause (i) or (ii) that is conducted by a licensee in
a works that is owned by the licensee, unless specified in the regulations;”
93
Section 1(1) (ddd) of the Water Act provides:
“(ddd) ‘undertaking’ means a project that is established, proposed to be established, required to
be established or carried on pursuant to this Act by any person and that is related to
Classification: Public