Decision Date: June 1, 2001

Panel: Joan M. Young

Keywords: Water Act — s. 9; changes in and about a stream; fish habitat; decision of engineer

Blake Bolton appealed the decision of the Engineer refusing to issue him an approval to make changes in and about a stream. The approval sought was to authorize the replacement of material in the banks of Bings Creek to prevent erosion and reshape the bank.

Mr. Bolton appealed on several grounds, including that the original removal of vegetation occurred more than 30 years before, and that proposed stabilisation changes would enhance fish habitat conditions. He sought an order reversing the Engineer’s decision and granting the approval.

The Board found that the proposed works and changes were not adequately engineered or designed to protect the bank from erosion, nor would they mitigate the negative effects of bank erosion. It thus found that the proposal would result in an unacceptable diminution of water quality, including harmful impacts on fish habitat.

The Board upheld the Engineer’s decision. The appeal was dismissed.