Decision Date: January 29, 2004

Panel: Alan Andison

Keywords: Waste Management Act – s.48; stay application; burial ground; fish hatchery; effluent discharge;

The Applicant requested a stay of an approval issued by the Regional Manager that authorizes Sablefin to discharge effluent to the land from a land-based marine fish hatchery.

The issue in this application was whether the Board should grant a stay of the approval pending a decision on the merits of the appeals.

The Board held that there were serious issues to be tried.  However, the Board found that the Applicant failed to establish that the discharge would cause irreparable harm to the Applicant’s interests if the stay was denied.  Furthermore, the Board found that, on the balance of convenience, the potential harm to the interests of Sablefin outweighed any potential harm to the interests of the Applicant.

The application for a stay was denied.