Mineral aggregate operations and wayside pits
 35. (1) An application for a mineral aggregate operation or wayside pit shall not be approved unless the applicant demonstrates, (a)  that the quantity and quality of groundwater and surface water in the Plan Area will be maintained and, where possible, improved or restored; (b)  that as much of the site as possible will be rehabilitated, (i)  in the case of land in a prime agricultural area, by returning substantially all the land to a condition in which the soil capacity for agriculture is on average the same as it was before the mineral aggregate operation or wayside pit began operating, and (ii)  in all other cases, by establishing or restoring natural self-sustaining vegetation; (c)  if there are key natural heritage features on the site or on adjacent land, that their health, diversity, size and connectivity will be maintained and, where possible, improved or restored; and (d)  if there are areas of natural and scientific interest (earth science) on the site or on adjacent land, that the geological or geomorphological attributes for which they were identified will be protected.  O. Reg. 140/02, s. 35 (1); O. Reg. 141/17, s. 26 (1). (1.1) Nothing in subclause 35 (1) (b) (i) requires an applicant to demonstrate that land has been returned to the condition it was in before a mineral aggregate operation or wayside pit began operating if the land is in the Countryside Area and there was a substantial quantity of mineral aggregate resources below the water table that were extracted. However, prime agricultural lands in other areas must be rehabilitated in accordance with subclause 35 (1) (b) (i). O. Reg. 141/17, s. 26 (2). (2) An application for a mineral aggregate operation or wayside pit with respect to land in a Natural Linkage Area shall not be approved unless the applicant demonstrates, (a)  that there will be compliance with subsection (1); (b)  that there will be no extraction within 1.5 metres of the water table; (c)  that the extraction of mineral aggregates from the site will be completed as quickly as possible; (d)  that the site will be rehabilitated in stages as quickly as possible; and (e)  that the entire site will be rehabilitated, (i)  in the case of land in a prime agricultural area, by restoring the land so that the average soil quality of each area is substantially returned to its previous level, and (ii)  in all other cases, by establishing or restoring natural self-sustaining vegetation.  O. Reg. 140/02, s. 35 (2). (3) In order to maintain connectivity, when a mineral aggregate operation or a wayside pit is located in a Natural Linkage Area, there shall at all times be an excluded area (which, for greater certainty, may contain both undisturbed land and land whose rehabilitation is complete) that, (a)  is at least 1.25 kilometres in total width, such distance being measured either entirely within the Natural Linkage Area or including areas within the Natural Core Area that is adjacent to the excluded area; (b)  lies outside the active or unrehabilitated portions of the area being used; and (c)  connects parts of the Natural Linkage Area outside the mineral aggregate operation or wayside pit.  O. Reg. 140/02, s. 35 (3); O. Reg. 141/17, s. 26 (3). (4) Despite subsection 22 (2), an application for a mineral aggregate operation or wayside pit with respect to land in a key natural heritage feature may be approved if, (a)  the key natural heritage feature is a significant woodland and it is occupied by young plantations or early successional habitat; (b)  the applicant demonstrates that, (i)  the long-term ecological integrity of the Plan Area will be maintained or, where possible, improved or restored, (ii)  the extraction of mineral aggregates from the area within the key natural heritage feature will be completed and the area will be rehabilitated, as early as possible in the life of the operation, and (iii)  the area from which mineral aggregates are extracted will be rehabilitated by establishing or restoring natural self-sustaining vegetation of equal or greater ecological value; and (c)  in the case of a key natural heritage feature that is the habitat of an endangered or threatened species and is located in a Countryside Area or Settlement Area, the requirements of paragraph 5 of subsection 22 (2) are satisfied. O. Reg. 140/02, s. 35 (4); O. Reg. 141/17, s. 26 (4, 5). (5) In subclause (4) (b) (iii), “ecological value” means the value of vegetation in maintaining the health of the key natural heritage feature and the related ecological features and ecological functions, as measured by factors such as the diversity of species, the diversity of habitats, and the suitability and amount of habitats that are available for threatened species and endangered species.  O. Reg. 140/02, s. 35 (5); O. Reg. 141/17, s. 26 (6). (6) An application for a mineral aggregate operation or wayside pit with respect to land in a landform conservation area (Category 1 or 2) shall not be approved unless the applicant demonstrates, (a)  that the area from which mineral aggregates are extracted will be rehabilitated to establish a landform character that blends in with the landform patterns of the adjacent land; and (b)  that the long-term ecological integrity of the Plan Area will be maintained or, where possible, improved or restored.  O. Reg. 140/02, s. 35 (6). (7) An application for a mineral aggregate operation located in a prime agricultural area shall not be approved unless an agricultural impact assessment has been carried out and it demonstrates that there will be no adverse impacts to the prime agricultural area or that any such impacts will be minimized and mitigated to the extent possible. O. Reg. 141/17, s. 26 (7).