Dale McFeeters, owner of Delmar Farms Inc. of Cannington,
has won a spat with the Kawartha Region Conservation Authority.
When McFeeters applied to drain farm land through a ditch
into a low-lying area, the conservation authority ordered him to conduct an
environmental assessment.
But the Ontario Ministry of Agriculture, Food and Rural
Affairs Appeal Tribunal noted that McFeeters never applied to the conservation
authority for a permit.
The conservation, on its own authority, intervened to
require the assessment which cost $49,994.
The tribunal ruled that the conservation authority, and not
McFeeters, should pay that bill.
It also ruled that McFeeters need not pay the cost of having
the engineer involved in designing and constructing the drain attend the public
hearings in February and September.
The conservation authority admitted it did not know McFeeters’
rights under the Drainage Act and argued that its authority takes priority. The
tribunal disagreed.
