Darien Aggregates Inc. brought a motion to determine whether an appeal of a zoning by-law amendment by North Shore Environmental Resource Advocates Inc. was moot.
The zoning by-law amendment permitted a new quarry on Crown land.
Darien argued that under s. 34(9) of the Aggregate Resources Act, a zoning by-law cannot prohibit or regulate the establishment of a quarry on Crown land, rendering the appeal moot.
The Tribunal agreed, finding that the outcome of the appeal would have no practical effect on the Ministry's ability to issue an aggregate permit.
The Tribunal also held that municipal by-laws cannot regulate the operation of quarries on Crown land.
The motion was allowed and the appeal was dismissed.
