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

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

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ANNEX AProject 21 - 13:Participant/Liaison:Reasonably required access across <strong>Sahtu</strong> l<strong>and</strong>s to reach adjacent l<strong>and</strong>s <strong>for</strong> acommercial purposeDesignated <strong>Sahtu</strong> Organization (DSO), Person with a commercial purpose onadjacent l<strong>and</strong>sObligations Addressed:21.4.4 (a) Any person who reasonably requires access across <strong>Sahtu</strong> l<strong>and</strong>s <strong>and</strong> waters overlying suchl<strong>and</strong>s to reach adjacent l<strong>and</strong>s or waters <strong>for</strong> a commercial purpose has a right to suchaccess with <strong>the</strong> agreement of <strong>the</strong> designated <strong>Sahtu</strong> organization or, failing suchagreement, an order of <strong>the</strong> Surface Rights Board.(b) Notwithst<strong>and</strong>ing 27.2.1(b), <strong>the</strong> Surface Rights Board shall not make an order under (a) unless itis satisfied that such access is reasonably required. The Board shall ensure that anyaccess is by a suitable route least harmful to participants.Referenced Clauses: 7.1, 27.2.1(b)ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Notify <strong>the</strong> DSO that access across person seeking access after settlement<strong>Sahtu</strong> l<strong>and</strong>s is requiredlegislation2. Hold discussions toward an agreement to DSO, person seekingpermit <strong>the</strong> requested accessaccess3. If an agreement is not reached, ei<strong>the</strong>r party DSO, person seekingmay refer <strong>the</strong> matter to <strong>the</strong> Surface Rights accessBoard4. If referred to <strong>the</strong> Surface Rights Board, decide Surface Rights Boardif <strong>the</strong> requested access is reasonably required5. If <strong>the</strong> Surface Rights Board determines that Surface Rights Board<strong>the</strong> requested access is reasonably required,issue a right-of-entry order <strong>for</strong> a suitable routeleast harmful to participantsSAHTU IMPLEMENTATION PLAN 117

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