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COMMERCIAL
ACTIVITY IN THE SAHTU SETTLEMENT AREA
As a result
of the Sahtu Dene and Metis Comprehensive Land Claim Agreement ("the
land claim agreement") coming into force, the Sahtu received
ownership of a large quantity of land in the Sahtu region. The general
public, in undertaking commercial activity, should be aware that
Sahtu lands are private lands and should respect the rights of the
land owners. The public is required to observe both the general
rules of trespass and specific Sahtu rights when accessing Sahtu
lands, and access lands at their own risk. The lands owned by the
Sahtu outside municipal boundaries are known as "settlement
lands". The access provisions of the land claim agreement only
apply to settlement lands and Sahtu municipal lands which are larger
than four hectares and which are not developed.
This
information item provides information on how the provisions of the
land claim agreement affect commercial activity in the Sahtu Settlement
Area. This pamphlet provides a simplified version of the issues
relating to commercial activity, and is intended to aid in understanding
some of the details of the agreement.
"Commercial
activity" means any private or government undertaking on land
or water outside local government boundaries. Commercial activities
include the exploration for and the development, production and
transportation of minerals, as well as activities associated with
public electrical power, telecommunications, transportation or similar
public utilities or services.
SETTLEMENT
LANDS
On
June 23, 1994, the Sahtu became the owners of 39,624 square kilometres
(approximately 15,300 square miles) of surface land and 1,813 square
kilometres (approximately 700 square miles) of subsurface lands
in the Sahtu Settlement Area. Those lands are now titled to three
corporations: K’ahsho Got’ine Land Corporation Ltd., Tulita District
Land Corporation Ltd. And Deline Land Corporation. These corporations
will be referred to as the District Land Corporations.
EFFECT
OF SAHTU TITLE ON EXISTING INTERESTS
The
transfer of land title from Canada to the District Land Corporations
on June 23, 1994 was subject to any rights, titles or interests
existing in the lands on that date. These rights, titles or interests
are not affected by the title transfer. They will continue according
to their existing terms and conditions. They may be renewed, replaced,
or the length of their term may be extended, as if the interest
were still on Crown Land.
Existing
rights on settlement lands are protected if their term and conditions
remain largely unchanged. However, if the terms and conditions of
an operation change significantly, then these are, in effect, new
rights and the agreement of the District Land Corporations is necessary.
If the parties are unable to agree, the matter may be referred to
the Surface Rights Board for determination.
COMMERCIAL
CROSSING OF SETTLEMENT LANDS
A
commercial operator may cross settlement lands (and the waters overlying
such lands) without the consent of the appropriate District Land
Corporation and without charge, provided that the crossing is of
a casual nature and prior notice is given to the District Land Corporation,
or if the access is by a recognized route used on a regular basis.
When
the crossing is not described above, a commercial operator may still
have the right to cross Sahtu lands to reach adjacent lands or waters
if the access is reasonably necessary for their operation. Terms
and conditions will be established by the District Land Corporations.
Entry fees may be charged if a new route is required, or if there
is a significant change in an existing route. In the case of a dispute
on compensation or entry, the Surface Rights Board would make a
determination.
When
a commercial operator wishes to cross or make use of Sahtu lands
but does not have a right to do so provided by the agreement, the
operator must secure permission from the District Land Corporations
by coming to an agreement with the respective District Land Corporation,
just as in the case of any private land.
COMMERCIAL
TRAVEL ON NAVIGABLE WATERS WITHIN SETTLEMENT LANDS
A
commercial operator has the right to travel on navigable rivers
and associated navigable waters which overlie settlement lands and
may also use the portages and waterfront lands associated with such
waters. When traveling on the water, the most direct route must
be used and the use of portages and waterfront lands must be kept
to a minimum.
Any
use by a commercial operator of the portages and waterfront lands
is subject to the following conditions: prior notice must be given
to the appropriate District Land Corporation, no permanent or seasonable
camp or structure may be established; no change or damage may be
caused to the lands; and no commercial activity may be conducted
on the lands. Information on the restrictions of commercial use
of portages and waterfront lands is contained in Schedule VIII of
volume II of the land claim agreement.
ACCESS
TO SUBSURFACE RESOURCES IN OR UNDER SETTLEMENT LANDS
The
exploration for and development of subsurface resources owned by
the District Land Corporations are undertaken with the agreement
of the District Land Corporations.
Access
to Subsurface Resources owned by the Crown
Where the Crown
retains ownership of the subsurface resources under settlement lands,
government will continue to manage these resources and make them
available for development according to legislation and government
policies.
Any
person who has, or obtains, the right to explore, develop, produce
or transport Crown resources under or on settlement lands has a
right of access to settlement lands. However, the terms and conditions
of such access (not to be confused with the terms and conditions
of any permit, license or other authorization which regulates the
activity) must be negotiated with the appropriate District Land
Corporation. Failing agreement, the matter may be referred to the
Surface Rights Board for resolution. A prospector with the right
to prospect on settlement lands must give at least seven days notice
to the appropriate District Land Corporation by specifying the National
Topographic System (NTS) map sheet (1:50,000 scale) which includes
the Sahtu lands to which access is required.
Specified
Substances
To
avoid conflict between the Sahtu right to specified substances and
the right of a mineral-interest holder to work the mineral interest,
the Sahtu right is subject to that of the mineral interest holder.
However, the mineral-interest holder must exercise that interest
so as to minimize interference with the right of the Sahtu.
"Specified
substances" means carving stone, clay, construction stone,
diatomaceous earth, earth, flint, gravel, gypsum, limestone, marble,
marl, ochre, peat, sand, shale, slate, sodium chloride, soil and
volcanic ash.
ACCESS
TO SAND AND GRAVEL ON SETTLEMENT LANDS
If
there is no reasonable alternative supply of sand and gravel (or
other similar construction material) in the surrounding area, the
District Land Corporations must permit access to any sand and gravel
on their land. The District Land Corporations are entitled to a
fair and reasonable payment for their sand and gravel. If there
is a dispute concerning the supply of, or access to, District Land
Corporations’ sand and gravel, the matter will be referred to the
Sahtu Land and Water board for resolution.
SUBSURFACE
RESOURCE ACTIVITY AND CONSULTATION WITH THE DISTRICT LAND CORPORATIONS
Before
opening any land in the Sahtu Settlement Area for oil and gas exploration,
government must notify the appropriate District Land corporation
and consider their views on the matter.
Before
any oil and gas exploration, development, or production activities
take place in the Sahtu Settlement Area, an operator must consult
with the District Land Corporation on such issues as environmental
impact, impact on wildlife harvesting and Sahtu employment opportunities.
Similar
consultation is required prior to the development or production
of minerals other than oil and gas, and prior to the exploration
for such minerals where the exploration requires land use permits
or water licenses. These consultations are not intended to result
in any obligations in addition to those required by legislation.
WILDLIFE
HARVESTING
Sahtu Wildlife
Harvesting Rights
The Sahtu participants
may harvest wildlife throughout the Sahtu Settlement Area. If harvesting
by the Sahtu participants is incompatible with an authorized use
of land, the parties may agree, or arbitration may determine, that
harvesting by the Sahtu should be restricted. The Sahtu participants
do not have the right to harvest on private land within municipal
boundaries or on small holdings less than 130 hectares (approx.
321 acres) of private or leased land outside municipal boundaries.
Adverse Effects
on Wildlife Harvesting
If the Sahtu
participants suffer loss or damage to property or equipment, or
loss of income from wildlife harvesting, as a result of commercial
activity, the commercial operator will be liable to compensate the
Sahtu participant for such loss or damage. If the operator and the
affected Sahtu person do not agree on compensation, the matter may
be referred to the Arbitration Panel established pursuant to the
land claim agreement.
Legislation
may provide for limits of liability and burden of proof on claimants.
USE
OF WATER
Government
retains the right to protect and mange water throughout the Sahtu
Settlement Area. Although no property rights in respect of water
have been grated to the Sahtu, the District Land Corporations, subject
to the provisions of the land claim agreement, have the exclusive
right to use waters which are on or flow through their land.
In
addition, the Sahtu have the right to have waters which are on,
flowing through or adjacent to their land, remain substantially
unaltered as to quality, quantity or rate of flow. The Sahtu Land
Water Board may, if there is no reasonable alternative, issue a
water license authorizing a use of water which will substantially
alter the quality, quantity or flow of such waters. In these circumstances,
the license holder must compensate the appropriate District Land
Corporation for the loss or damage which is likely to be caused
by the alteration. Where the parties are unable to agree, the Sahtu
Land and Water Board will determine compensation.
Any
person engaging in commercial activity on settlements lands which
requires the use of water has the right to use water, subject to
the provisions of the land claim agreement and legislation.
ADDITIONAL
INFORMATION
For
more detailed information, the text of the Sahtu Dene and Metis
Comprehensive Land Claim Agreement should be consulted. Legal descriptions
of the Sahtu lands, and any special access conditions applying to
the, are found in Volume II (Appendix E). Copies of Volumes I and
II of the agreement are available from:
Communications
Services
Indian
and Northern Affairs Canada
P.O. Box
1500
Yellowknife,
NT, X1A 2R3
(867)
669-2575
For
information on the exact locations of settlement lands contact:
Sahtu
Secretariat Incorporated
Box 155
Deline,
NT, X0E 0G0
Tel: (867)
589-4719
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