Implementation Plan for the Sahtu Dene and Metis Comprehensive ...

ANNEX AProject 19 - 1:Project Manager:Participant/Liaison:Provision of sand and gravel by participantsLand and Water BoardDesignated Sahtu Organization (DSO), UsersObligations Addressed:19.2.3 (a) The participants shall provide supplies of, and permit access to, sand, gravel, clay andother like construction materials on Sahtu lands if, in the opinion of the Land and WaterBoard, no alternative source of supply is reasonably available in the surrounding area.(b) The participants are entitled to fair and reasonable compensation for any materials suppliedunder (a).(c) If any person or government, and the participants, do not agree on any terms or conditionsrespecting the supply of, or access to, materials under (a), the person or governmentseeking the supply or access may refer the matter to the Land and Water Board which shalldecide all matters between the parties including the question of priorities between theparticipants and other users. The decision of the Land and Water Board shall be final andbinding on the parties and shall not be challenged by appeal or review in any court excepton the ground that the Board erred in law or exceeded its jurisdiction.(d) The Land and Water Board may establish rules and procedures for the carrying out of thisprovision.Referenced Clauses: definition of "participants", 7.1ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Potential user approaches the DSO to user after settlementpurchase granular materialslegislation2. Potential user and the DSO negotiate terms DSO and user as requiredof agreement3. If agreement is not reached, the potential useruser may refer the matters to the Land andWater Board for a decision4. Land and Water Board decides whether an Land and Water Boardalternative source of supply is reasonablyavailable5. If the Land and Water Board decides that Land and Water Boardno alternative source is reasonably available,the Board will make a decision regarding allmatters between the parties, including thequestion of priorities between the DSO andother users6. DSO and user accept decision of the Land DSO and userand Water Board and, if the Board so rules,the designated Sahtu organization providesgranular materials under terms establishedby the BoardSAHTU IMPLEMENTATION PLAN 93