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

ANNEX AProject 13 - 1:Project Manager:Participant/LiaisonWithdrawal of the participants' right of access for the purpose of harvesting onlands other than Sahtu landsGovernment, Holder of an interest in landSahtu Tribal Council (STC), Renewable Resources Council (RRC), Governmentof the Northwest Territories (GNWT) - Intergovernmental and Aboriginal Affairs(IAA), Department of Indian Affairs and Northern Development (DIAND) -Northern Affairs Program (NAP), Arbitration PanelObligations Addressed:13.4.13 (a) It is recognized that some uses of land, which may be authorized in the future, may conflictwith harvesting activities and thus be incompatible with the exercise of participants'harvesting rights.(b) If government or a holder of an interest in land (hereinafter "the proponent") proposes thatthe right of access granted in 13.4.10 should be restricted because a proposed use of landwould conflict with harvesting, the proponent, after consultation with the Sahtu TribalCouncil with respect to the proposal, shall give notice to any other holder of an interest inthe land and to any Renewable Resources Council for the area in which the land is situatedspecifying the nature, extent, duration and conditions as well as a proposal for public noticeof the proposed restriction.(c) Any Renewable Resources Council or holder of an interest in the land to which the noticehas been sent may, within 60 days of receipt of the notice, or such other period as theBoard may establish, refer the proposal to arbitration pursuant to chapter 6, which shalldetermine:(i) whether the proposed use conflicts with harvesting, and if so,(ii) the nature, extent, duration and conditions of the restriction on access for harvesting,including the establishment and maintenance of hunting, trapping and fishing camps,required to allow the proposed use.(d) The arbitrator shall ensure that a restriction shall only apply for as long as the land is inactual use and only to the extent necessary to permit the proposed use without conflict.(e) Where no reference to arbitration is made pursuant to (c), the proposed restriction shallcome into effect, according to the terms specified in the notice described in (b), unlessotherwise agreed to by the parties.(f) The provisions of 13.4.13 do not apply to Sahtu lands.Referenced Clauses: 13.4.10ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Propose to restrict participants' right of proponent after settlementaccess for the purpose of harvesting on alegislationparticular parcel of land2. Notify the STC of the proposal; provide the proponentSTC with a reasonable period of time toprepare its views on the matter; and informthe STC of the manner in which it maypresent its views3. Review the proposal and present views to STC within period providedthe proponentSAHTU IMPLEMENTATION PLAN 44