The Kentville law courts. - FileKENTVILLE, N.S. — A Kings County business and its owner will be sentenced in April after being found guilty of charges laid under the Environment Act relating to a topsoil removal operation.
The offences were committed on the Hall Road in Factorydale between Oct. 24, 2019, and Feb. 18, 2020. The matters have been adjourned to April 19 for sentencing.In a written decision issued on Jan. 31, Judge Van Der Hoek said a topsoil removal operation includes a total ground disturbance and excavation exceeding one hectare. A stated purpose other than removing topsoil does not provide relief from the requirement to seek approval to remove topsoil.
She said that by plotting GPS co-ordinates outlining the disturbed area, an operation exceeding one hectare was “easily established.” Van Der Hoek said Murphy’s evidence about the risk of watercourses from rainwater flowing across mineral soils bereft of topsoil was compelling. On Dec. 17, 2019, the inspector provided Fulton with a directive to obtain an approval for a topsoil removal operation exceeding one hectare. Fulton told the inspector that other farmers were doing this, and he did not obtain an approval.
The judge said Fulton equivocated on whether the dated photograph containing greenery was still accurate, and then conceded the former green area had been flattened to aid in topsoil removal.