BILL NO. 130

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002

Local Bill

Lunenburg Common Lands Act
(amended)

The Honourable Michael G. Baker, Q.C.
Lunenburg

First Reading: May 6, 2002

(Explanatory Notes)

Second Reading: May 9, 2002

Third Reading: May 28, 2002

Clause 1 amends Section 12 of the Lunenburg Common Lands Act by removing the reference to the power of the trustees to sell the common lands.

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 12(1) of Chapter 72 of the Acts of 1897, the Lunenburg Common Lands Act, as enacted by Chapter 63 of the Acts of 1976, is amended by striking out ", lease or sell in fee simple" in the second and third lines and substituting "or lease".

(2) Subsection 12(2) of Chapter 72, as enacted by Chapter 63 of the Acts of 1976, is amended by striking out ", leased or sold" in the second line and substituting "or leased".

2 Chapter 72 is further amended by adding immediately after Section 12 the following Section:

12A (1) Subject to subsection (2), a majority of the board of trustees are empowered to sell in fee simple common lands and expend all funds arising from the sale of the lands for such public purposes as they consider fit.

(2) Common lands may only be sold for the purpose of operating cemeteries or for such other special community purpose approved at a public meeting held in accordance with this Section.

(3) Where the board proposes to sell common lands for the purpose of operating a cemetery or for another special community purpose, it shall first hold a public meeting the time and place of which shall be

(a) advertised in a newspaper having circulation in the county at least one week before the meeting takes place; or

(b) communicated by regular mail sent to all residents of that part of municipal district one east of the town of Lunenburg who would be electors resident in that part of the district for the purpose of the Municipal Elections Act at least ten days before the meeting takes place.

(4) At the public meeting, the chair shall

(a) allow the residents referred to in clause (3)(b) such time as the chair considers reasonable for representations;

(b) conduct a vote by the residents referred to in clause (3)(b) by secret ballot on the proposed sale of the common lands for a purpose set out in subsection (2); and

(c) announce the result of the vote.