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

ANNEX AProject 21 - 11:Participant/Liaison:Access to Sahtu lands in the course of conducting a commercial activityDesignated Sahtu Organization (DSO), Person conducting a commercial activity,Surface Rights BoardObligations Addressed:21.4.2 (a) Any person has the right to use, in the course of conducting a commercial activity:(i) navigable rivers and other navigable waters that can be entered from such rivers wheresuch waters overlie Sahtu lands;(ii) portages on Sahtu lands associated with navigable rivers and other navigable watersthat can be entered from such rivers; and(iii) waterfront lands within Sahtu lands, associated with navigable rivers and othernavigable waters that can be entered from such rivers; for travel by water.(b) The rights specified in (a) must be exercised using the most direct route and by minimizinguse of the portages and waterfront lands in (a).(c) The rights specified in (a)(ii) and (iii) are subject to the conditions that:(i) prior notice be given to the designated Sahtu organization;(ii) no permanent or seasonal camp or structure be established on lands to which suchrights apply;(iii) there be no significant alteration or damage to the lands to which such rights apply; and(iv) no commercial activity, other than such activity as is necessarily incidental to travel, beconducted on the lands to which such rights apply.(d) If any person is unable to comply with the conditions in (b), (c) or 21.1.4, the rights in (a)may only be exercised with the agreement of the designated Sahtu organization, or failingsuch agreement, an order of the Surface Rights Board.(e) Locations where the rights of access in (a)(ii) and (iii) are restricted are set out in scheduleappendix E.Referenced Clauses: 7.1, 21.1.4, appendix EACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Give notice to the DSO that the right to use, person with right to use after settlementin the course of conducting a commercial legislationactivity, navigable waters which overlie Sahtulands and portages and waterfront landsassociated with such waters, is being exercisedpursuant to conditions set out in 21.4.2(a)2. If the person with the right to use is unable to person with right to use,comply with the conditions set out in 21.4.2(b) DSO21.4.2(c), or 21.1.4, the right to use may onlybe exercised with the agreement of the STC3. If agreement is not reached, either party may person with right to use,apply to the Surface Rights Board for a right- DSOof-entry orderSAHTU IMPLEMENTATION PLAN 115