[Sust-mar] Sperry's Beach March 1 Update

[Tom Daly]

Sperry's Beach Update:
as of March 1:


	POST REMOVAL
October 18
At our request, MLA Morash wrote to Minister Hurlburt to ask the time on
July 27 at which field staff visited the site of the fence, and the
methodology they employed to determine the position of the ordinary high
water mark

March 1
There has been no response to MLA Morash's letter


	GATE / PADLOCK
Not a word from MLA Morash re David Himmelman's lack of response to Mr
Morash's June 27 letter re: unlocking the gate pending resolution


	BURIAL GROUNDS
Mercifully, winter has ended the presence of cattle roaming freely through
the burial grounds


	OWNERSHIP
November 15
...Both Ministers of the Departments of Natural Resources and Environment
and Labour have assured me that their staff have expended considerable
effort assisting the community, and are continuing to do so by obtaining
outside legal advice as to ownership of the "sand spit" and shore front ...
John Hamm, Premier

December 1
Senator Cowan received a letter from Minister Hurlburt:
"the Department has requested quotes from three individuals to perform
title work and provide a legal opinion re the Crown's interest to land
located at Sperrys Beach"
"On November 29, we retained the services of outside counsel with a request
to have the work completed and a report forwarded to us by January 31, 2006"

Note:
a legal opinion "re the Crown's interest to land located at Sperrys Beach"
Hurlburt
"ownership of the sand spit and shore front"
Premier Hamm

January 15
to Premier Hamm
Today we are asking for your assistance on two issues: please order
Minister Hurlburt to respond immediately to MLA Morash's letter of October
18; and please ensure on our behalf that "legal advice as to ownership of
the "sand spit" and shore front" is the task that has been given to
'outside counsel'.

February 17
In reply to your e-mail of January 15, 2006, regarding the above and
your query as to the definition of the Ordinary High Water Mark, I am
advised by the Surveys Division of the Department of Natural Resources
that Nova Scotia Land Surveyors utilize the definition provided by NS
Reg 127/99 7(2)(h) made under subsection 8(2) of the Land Surveyors Act,
RSNS 1989, c.249.  This regulation states:  " 'ordinary high water
mark' OHWM means the limit or edge of a body of water where the land
has been covered by water so long as to wrest it from vegetation or as
to mark a distinct character upon the vegetation where it extends into
the water or upon the soil itself".

I can also confirm that instruction to outside legal counsel was to
provide an opinion on the Crown's interest for the area in question.

The Department of Natural Resources is awaiting receipt of the opinion,
and Minister Hurlburt has assured me that your solicitor and committee
will be advised, in writing, of the outcome as promptly as possible upon
receipt.

Sincerely,
John F. Hamm, Premier


We had assumed, as we are dealing with tidal waters on a coastal beach,
that DNR would act in compliance with the Beaches Act
http://www.gov.ns.ca/legislature/legc/statutes/beaches.htm
and the Beaches Act Regulations
http://www.gov.ns.ca/just/regulations/regs/beachreg.htm

Definitions
2 In the Act and these regulations
(f) "mean high water mark" means
(i) the line on the seashore reached by the average of the mean high tides
of the sea between the spring and neap tides in each quarter of a lunar
revolution during the year excluding only extraordinary catastrophes or
overflows

According to Premier Hamm (although this has not been confirmed by DNR or
MLA Morash) they have chosen instead to follow the Land Surveyors Act
http://www.gov.ns.ca/legislature/legc/statutes/landsurv.htm
and the Land Surveyors Regulations
http://www.gov.ns.ca/just/regulations/regs/landsurv.htm
Part II - Standards
7(2) The following definitions apply in Part II:
(h) "ordinary high water mark" means the limit or edge of a body of water
where the land has been covered by water so long as to wrest it from
vegetation or as to mark a distinct character upon the vegetation where it
extends into the water or upon the soil itself


We continue to wait for a response from MLA Morash re his letter of October
18 asking for DNR's methodology to determine the position of the ordinary
high water mark.

While the report from 'outside counsel' was due by January 31, it is now
March 1 and there has been no indication from DNR re its release.  A
written request for information has been sent, but no response received as
yet