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Oak Island Treasure Act (amended) BILL NO. 40 (as introduced) 2nd Session, 62nd General Assembly Nova Scotia 63 Elizabeth II, 2014 Private Member’s Bill

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Find out what’s happening at the Legislature on social media and in our calendar of events.Visit Province HouseLocation and Hours Plan Your Visit Security Accessibility Tours Observances + Job OpportunitiesPages Tour Guides + Social MediaSocial Media Guidelines + CalendariCalendar Subscription + Democratic ParticipationHow to be an MLA Presenting to Committees Petitions + + English Français RSS Feeds Social Media You are hereHome » Legislative Business » Legislation » Bills » Assembly 62, Session 2 » Bill 40 » First Reading Back to top Oak Island Treasure Act (amended) BILL NO. 40 (as introduced) 2nd Session, 62nd General Assembly Nova Scotia 63 Elizabeth II, 2014 Private Member's Bill Oak Island Treasure Act (amended) and Special Places Protection Act (amended) The Honourable Denise Peterson-Rafuse Chester–St. Margaret's First Reading: October 16, 2014 (Explanatory Notes) Second Reading: Third Reading: Explanatory Notes Clause 1 repeals provisions of the Oak Island Treasure Act that allow (a) the Minister to issue or renew a treasure-hunting licence; and (b) a licence holder to retain treasure discovered and recovered upon payment of a royalty. Clause 2 cancels all existing treasure-hunting licences as of the coming into force of this Clause. Clause 3 amends the Special Places Protection Act to add Oak Island treasure to the definition of "heritage object". Clause 4 directs the Minister to designate Oak Island as a protected site. Clause 5 requires a permit holder to report any heritage objects the permit holder finds. Clause 6 allows persons whose existing treasure-hunting licences are cancelled by Clause 2 and who are issued a heritage research permit within six months of the cancellation to retain any coins or gold or silver bars discovered and recovered by the person, subject to a requirement to deliver a portion of the coins or bars, as selected by the archaeologist appointed by the Government of Nova Scotia, to the Nova Scotia Museum or another public institution, to become the property of Nova Scotia. Clause 7 requires the holder of a heritage research permit to pay the expenses in relation to an archaeologist appointed by the Government of Nova Scotia to monitor the site of any explorations or excavations carried out on Oak Island. Clause 8 requires anyone who does not hold a heritage research permit to report the discovery or recovery of any heritage object, even if the person has a permit under the Oak Island Treasure Act or the former Treasure Trove Act. An Act to Amend Chapter 39 of the Acts of 2010, the Oak Island Treasure Act, and Chapter 438 of the Revised Statutes, 1989, the Special Places Protection Act Be it enacted by the Governor and Assembly as follows: 1 Sections 4, 5 and 9 of Chapter 39 of the Acts of 2010, the Oak Island Treasure Act, are repealed. 2 Chapter 39 is further amended by adding immediately after Section 13 the following Section: 13A On the coming into force of this Section, all licences issued pursuant to this Act, and in effect immediately before the coming into force of this Section, are hereby cancelled. 3 Clause 3(aa) of Chapter 438 of the Revised Statutes, 1989, the Special Places Protection Act, as enacted by Chapter 45 of the Acts of 1990 and amended by Chapter 39 of the Acts of 2010, is further amended by striking out "but does not include" in the second and third lines and substituting "and includes". 4 (1) Section 7 of Chapter 438, as amended by Chapter 44 of the Acts of 1990, is further amended by adding immediately after subsection (1) the following subsection: (1A) The Minister shall designate Oak Island as a protected site. (2) Subsection 7(2) of Chapter 438 is amended by adding "or (1A)" immediately after "(1)" in the second line. 5 Clause 8(3)(c) of Chapter 438 is amended by adding ", including a list of any heritage objects found," immediately after "done" in the second line. 6 Chapter 438 is further amended by adding immediately after Section 8 the following Section: 8A (1) Subsection to subsection (2), where a person who was the holder of a licence issued under the Oak Island Treasure Act and cancelled under Section 13A of that Act is issued a heritage research permit (a) within six months of the cancellation of the licence; and (b) with respect to land on Oak Island, the person may retain, for the person's own use and benefit, any coins or gold or silver bars that are recovered (c) by the person; (d) within the area covered by the permit; and (e) within two years of the issuance of the permit. (2) A person referred to in subsection (1) shall deliver possession of such coins and gold and silver bars recovered as are selected by the archaeologist appointed under Section 9A, the value of which must not exceed twenty-five percent of the value of all of the coins and gold and silver bars recovered within the area covered by the permit within two years of the issuance of the permit, to the Museum or to any other public institution that the Minister may designate, which coins and bars become the property of the Province. 7 Chapter 438 is further amended by adding immediately after Section 9 the following Section: 9A The Government of the Province shall select an archaeologist to monitor any site on Oak Island at which the holder of a heritage research permit undertakes archaeological, historical or palaeontological explorations or excavations, and the permit holder shall pay all expenses in relation to the appointment of the archaeologist and the monitoring of the site by the archaeologist. 8 Chapter 438 is further amended by adding immediately after Section 10 the following Section: 10A When any person who is not the holder of a permit issued under this Act, whether or not the person is the holder of a licence issued under the Oak Island Treasure Act or the former Treasure Trove Act, discovers or recovers any heritage object, that person shall immediately make a report in writing, verified upon oath, to the Minister setting out full particulars of (a) the heritage object discovered or recovered; (b) the location of the discovery; and (c) the place at which the heritage object may be inspected by the Minister or by another person on the Minister's behalf.   This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created October 16, 2014. Send comments to [email protected]. More InformationFull GlossaryTypes of BillsHow a Bill becomes lawOrders in CouncilRegistry of RegulationsLibrary resources on lawConstitutional TimelineOrder copies of legislation Home Legislative BusinessDebates (Hansard) House Rules Legislation Budget Committees Journals Legislative TV Throne Speech Daily Business Welcome to the business centre for the Nova Scotia Legislature. This section holds debates and transcripts, bills and statutes, committee meetings, and more. Find historic or legislative current documents, videos and audio files. MembersMLAs Cabinet Speaker Governance and Accountability Honours Meet the Speaker, Members of the Legislative Assembly and Cabinet. Discover how members are governed, find financial information and learn about honours. 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