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Closed Pit Lake Fish Habitat Jurisdictional Motion, WLWB Public Hearing Record, Ekati Diamond Mine (MVLWB, July 2009)

The Wek'èezhii Land and Water Board issued a decision rejecting BHP Billiton's motion claiming the Board lacks jurisdiction to require fish habitat establishment in closed pit lakes at Ekati, ruling that the 1996 Fish Habitat Compensation Agreement does not limit the Board's statutory authority to impose fish habitat reclamation requirements. The Board concluded it has jurisdiction to require fish habitat restoration as part of mine closure and reclamation, whether the Agreement is characterized as a private contract or part of a regulatory authorization.

Date
Document type
Regulatory Filing
Parties
Wek'èezhii Land and Water Board, BHP Billiton Diamonds Inc., Independent Environmental Monitoring Agency, Tlicho Government, Department of Fisheries and Oceans, Indian and Northern Affairs Canada
Locations
Ekati Diamond Mine, Northwest Territories, Yellowknife, Wekweètì, Long Lake, pit lakes
Parameters
fish habitat, closure and reclamation, pit lakes reclamation, fish habitat compensation, water quality, Long Lake Containment Facility
Pages
516

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