Ecological consultants are often asked to comment on development projects where the developer presumes the Endangered Species Act, 2007 (ESA, 2007) does not apply. Thc purpose of this article is to demystify the grandfathering principles available to developers under the ESA, 2007 when developing on private land. The former Endangered Species Act was replaced with the new ESA, 2007 on May 17,2007. Many developers assume they are exempted from the ESA, 2007 prohìbitions because they had development rights that predated the new legislation.
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Donna Shier and Katherine Koostachin's article appears in the March 2011 issue of Municipal World