A much-delayed golf course near Hubbards, N.S., is set to be auctioned off after the owner said he couldn't pay two huge environmental fines.

Depending on who wins the auction, the South Shore course could still open this summer.

The Aspotogan Ridge Golf Course has built nine of a planned 18 holes. Along with a planned 500-unit community development, it covers 222 hectares near Mill Cove on the Aspotogan Peninsula.

The development was supposed to open in 2015, but Tammy Wilson, chief administrative officer for the Municipality of the District of Chester, said people near Fox Point Lake raised concerns about it in 2014.

"The municipality then referred those complaints and concerns to the Nova Scotia Department of Environment for their review and investigation," she told CBC's Information Morning.

The land is on the Aspotogan Peninsula on Nova Scotia's South Shore. (Google Maps)

After an investigation, a court found Aspotogan Developments Ltd. and Aspotogan Ridge Inc. guilty of nine counts of breaching Nova Scotia's Environment Act.

Each was fined $270,278.75.

Crown attorney Alex Keaveny, who prosecuted the case, told CBC News the companies built the first nine holes in a wooded area with bogs, swamps and streams.

When provincial investigators looked into it in 2014 and 2015, they found wetlands had been infilled with rock, and culverts, pipes and sod had been laid — all without Department of Environment approval.

"The companies were going ahead essentially with building holes and greens from the golf course, despite having not received permission to alter the wetlands that were on their property," he said.

Wetland development must be offset

They were fined for breaking the rules and for the amount of money they saved by not following the rules.

Keaveny said they ran afoul of Nova Scotia's policy on wetland development.

"You can alter your wetland provided you restore an equivalent to the functioning wetland somewhere else," he said.

But because a mature wetland works better than one being re-established, it's not always a straight swap.

"What that means, in reality, is if you want to develop say 50 acres of wetland, then you have to restore a larger amount of wetlands. Usually it's a two-for-one, or a three-for-one, or sometimes a four-for-one ratio," he said.

"So 50 acres of a regular wetland means you have to restore 100 acres somewhere else. That way we're always left with wetlands that function at the same level."

If you develop a wetland in Nova Scotia, you have to offset that by restoring an equivalent wetland elsewhere. (Paul Palmeter/CBC)

Barry Publicover is president of both companies. He declined to be interviewed, but told CBC News the fine amounts are ridiculous and that in one case, the wetlands were flooded and the vegetation dead before development started.

He said he didn't fight the charges in court because neither company had any assets and any legal fees would have added to his losses.

He would not confirm if the fines would be paid, but reiterated there were no assets in either company.

'First-rate ecological golf course'

The website for the development features a quote from course designer Robert Leblanc saying new golf courses are being designed to conserve water, preserve sensitive ecological areas and reduce environmental impacts.

"With that in mind, we conserved the wetlands around the site, fit the course to the land and preserved old-growth pine stands wherever possible," he is quoted as saying.

"We knew we had to build a first-rate ecological golf course at Aspotogan and we incorporated ecological design principles right from the initial design phase, carefully siting the course to avoid the most sensitive parts of the property."

In April 2015, the companies still hoped to open the course that summer. It has not opened. (Aspotogan Ridge/Facebook)

The website says the first nine holes will open in May 2018 and the back nine in 2020.

The course could indeed go ahead after the auction, scheduled to take place later this month.

In September 2014, the two companies formed a partnership with Land Invest Group Canada. That company is connected to a Belgian company, Land Invest NV.

That Belgian company is owed close to $8 million by Aspotogan Ridge and the partnership, and has sued to get the money back. They got a judge to agree to put the land up for sale and Land Invest NV could buy it at auction.

Lots of community support

Coun. Floyd Shatford thinks if it does, it will open the course in May.

"I feel the community is supportive of the golf course, but of course the environmental issues are always a concern," he said.

"I think if the building group does take the course over and those concerns are met, the community will be quite excited about the golf course and the opening of it. I hope the course opens and it all happens. Come out and play golf in the spring!"

The auction was initially scheduled for today, but has since been postponed until 10 a.m. on Feb. 16.