Dredging of shore lands previously dredged
 6. (1) A person is not required under paragraph 3 of subsection 2 (1) to obtain a work permit to dredge shore lands that were initially dredged under the authority of a work permit, if the person complies with the requirements set out in subsection (2). O. Reg. 239/13, s. 6 (1). (2) The requirements referred to in subsection (1) are the following: 1.  The person is the owner of waterfront property that is, i.  adjacent to the shore lands where the proposed dredging is to be carried out, or ii.  separated from the shore lands where the proposed dredging is to be carried out only by a road allowance or a strip of public lands. 2.  The person carried out the initial dredging under the authority of a work permit issued on or after January 1, 2009. 3.  The commencement date of the proposed dredging is, i.  in the case of the first dredging following the initial dredging, no later than on the fifth anniversary of the day the work permit referred to in paragraph 2 is issued, and ii.  in the case of each subsequent dredging, no later than on the fifth anniversary of the date of completion of the immediately preceding dredging. 4.  The person carries out the activity in accordance with the following requirements: i.  The activity must be carried out within the straight line production of the sidelines of the waterfront property. ii.  The area to be dredged must comply with the requirements of subsections (4) and (5) with respect to its dimensions and location. iii.  Blasting or open water disposal must not be used in connection with the activity. iv.  In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines. v.  If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out, A.  must be installed before the work begins, B.  must be maintained for the duration of the work, and C.  must not be removed until after the area has stabilized. vi.  Wheeled or tracked machinery or equipment used in connection with the activity, A.  must be used on dry land or used from a barge or vessel, B.  must be operated from dry land or operated from a barge or vessel, and C.  must be stored on dry land or stored on a barge or vessel. vii.  Any material that results from the activity, including sediment, debris and aquatic vegetation, must be disposed of on dry land and in a manner that prevents it from entering or re-entering any lake, river, stream or pond. O. Reg. 239/13, s. 6 (2); O. Reg. 160/17, s. 4; O. Reg. 286/21, s. 3. (3) For the purposes of an exemption under this section, if the commencement date referred to in paragraph 3 of subsection (2) falls within a timing window referred to in subparagraph 4 iv of subsection (2), the person must ensure that the commencement date of the proposed dredging complies with the requirements of both paragraph 3 and subparagraph 4 iv of subsection (2). O. Reg. 239/13, s. 6 (3). (4) The dimensions of the area to be dredged must not exceed the dimensions of the area that was initially dredged under the authority of the work permit. O. Reg. 239/13, s. 6 (4). (5) The location of the area to be dredged must comply with the following requirements: 1.  The area to be dredged must be located entirely within the area initially dredged under the authority of the work permit, if the dimensions of the area to be dredged are less than the dimensions of the area initially dredged under the authority of the work permit. 2.  The area to be dredged must overlap entirely with the area initially dredged under the authority of the work permit, if the dimensions of the area to be dredged are equal to the dimensions of the area initially dredged under the authority of the work permit. O. Reg. 239/13, s. 6 (5). (6) If a work permit is issued to authorize the person to dredge an area or part of an area that was previously dredged by the person on the basis of an exemption under this section, the following applies for the purposes of an exemption under this section: 1.  References to “work permit” in this section shall be read as references to the subsequent work permit and no longer as references to the previous work permit. 2.  The commencement date of the proposed dredging shall be determined with reference to the area that is initially dredged under the authority of the subsequent work permit and no longer on the basis of the previous work permit. 3.  The dimensions and location of the area to be dredged shall be determined with reference to the area that is initially dredged under the authority of the subsequent work permit and no longer on the basis of the previous work permit. O. Reg. 239/13, s. 6 (6). (7) For the purposes of this section, “commencement date”, in relation to a dredging activity, means the day on which in-water work related to the activity begins; “dimensions”, in relation to an area, means the length and width of the area. O. Reg. 239/13, s. 6 (7).