Common use of Compatible Land Use Clause in Contracts

Compatible Land Use. 25.1 In respect of the Settlement Land described in Appendix A and adjacent Non-Settlement Land: 25.1.1 the Tr'xxxxx Hwëch'in and the Yukon or a municipality within the Traditional Territory may establish a joint planning structure: 25.1.1.1 to develop or recommend amendments to a territorial, municipal or Tr'xxxxx Hwëch'in community plan or area development land use plan; or, 25.1.1.2 to carry out other activities to promote compatible land use; 25.1.2 where a proposed land use of Non-Settlement Land may have significant impact on the use of adjacent Settlement Land, the Yukon or the affected municipality, as the case may be, shall Consult with the Tr'xxxxx Hwëch'in for the purpose of resolving an actual or potential incompatibility in land use of the Non-Settlement Land and adjacent Settlement Land; 25.1.3 where a proposed use of Settlement Land may have a significant impact on the use of adjacent Non-Settlement Land, the Tr'xxxxx Hwëch'in shall Consult with the Yukon or the affected municipality as the case may be, for the purpose of resolving an actual or potential incompatibility in land use of the Settlement Land and adjacent Non-Settlement Land; 25.1.4 in matters not subject to the development assessment process referred to in Chapter 12 of the Final Agreement, unless otherwise agreed by the Tr'xxxxx Hwëch'in and either the Yukon or the affected municipality, as the case may be: 25.1.4.1 a proposed land use of Non-Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Settlement Land; and 25.1.4.2 a proposed use of Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Non-Settlement Land. 25.2 Where Consultation pursuant to 25.1.2 or 25.1.3 does not resolve an actual or potential incompatibility in land use, the Tr'xxxxx Hwëch'in, the Yukon or the affected municipality may refer the matter to dispute resolution pursuant to 26.4.0 of the Final Agreement. 25.2.1 The parties to a dispute referred to dispute resolution pursuant to 25.2 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement. 25.2.2 An arbitrator appointed to hear a dispute pursuant to 25.2 shall have the authority as set out in 26.7.3 of the Final Agreement and the authority to make recommendations to a party to the dispute to: 25.2.2.1 change or vary an existing or proposed land use; 25.2.2.2 modify a land use plan or area development regulation; and 25.2.2.3 prepare a new zoning by-law or amend an existing zoning by- law. 25.2.3 In making a recommendation in respect of a dispute referred to in 25.2, the arbitrator shall not give any more weight to the fact that a territorial, municipal or Tr'xxxxx Hwëch'in community or area development land use plan which one party has not had an opportunity to participate in developing, is completed than to any other factor to be taken into consideration. 25.3 Nothing in 25.0 shall be construed to limit the use of Settlement Land for traditional purposes by Yukon Indian People.

Compatible Land Use. 25.1 In respect of the Settlement Land described in Column 2 of Appendix A and adjacent Non-Settlement Land: 25.1.1 the Tr'xxxxx Hwëch'in Ta'an Kwach'an Council and the Yukon or a municipality within the Traditional Territory may establish a joint planning structure: 25.1.1.1 to develop or recommend amendments to a territorial, municipal or Tr'xxxxx Hwëch'in the Ta'an Kwach'an Council community plan or area development land use plan; or, 25.1.1.2 to carry out other activities to promote compatible land use; 25.1.2 where a proposed land use of Non-Settlement Land may have significant impact on the use of adjacent Settlement Land, the Yukon or the affected municipality, as the case may be, shall Consult with the Tr'xxxxx Hwëch'in Ta'an Kwach'an Council for the purpose of resolving an actual or potential incompatibility in land use of the Non-Settlement Land and adjacent Settlement Land; 25.1.3 where a proposed use of Settlement Land may have a significant impact on the use of adjacent Non-Settlement Land, the Tr'xxxxx Hwëch'in Ta'an Kwach'an Council shall Consult with the Yukon or the affected municipality as the case may be, for the purpose of resolving an actual or potential incompatibility in land use of the Settlement Land and adjacent Non-Settlement Land; 25.1.4 in matters not subject to the development assessment process referred to in Chapter 12 of the Final Agreement, unless otherwise agreed by the Tr'xxxxx Hwëch'in Ta'an Kwach'an Council and either the Yukon or the affected municipality, as the case may be: 25.1.4.1 a proposed land use of Non-Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Settlement Land; and 25.1.4.2 a proposed use of Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Non-Settlement Land. 25.2 Where Consultation pursuant to 25.1.2 or 25.1.3 does not resolve an actual or potential incompatibility in land use, the Tr'xxxxx Hwëch'inTa'an Kwach'an Council, the Yukon or the affected municipality may refer the matter to dispute resolution pursuant to 26.4.0 of the Final Agreement. 25.2.1 The parties to a dispute referred to dispute resolution pursuant to 25.2 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement. 25.2.2 An arbitrator appointed to hear a dispute pursuant to 25.2 shall have the authority as set out in 26.7.3 of the Final Agreement and the authority to make recommendations to a party to the dispute to: 25.2.2.1 change or vary an existing or proposed land use; 25.2.2.2 modify a land use plan or area development regulation; and 25.2.2.3 prepare a new zoning by-law or amend an existing zoning by- law. 25.2.3 In making a recommendation in respect of a dispute referred to in 25.2, the arbitrator shall not give any more weight to the fact that a territorial, municipal or Tr'xxxxx Hwëch'in the Ta'an Kwach'an Council community or area development land use plan which one party has not had an opportunity to participate in developing, is completed than to any other factor to be taken into consideration. 25.3 Nothing in 25.0 shall be construed to limit the use of Settlement Land for traditional purposes by Yukon Indian People.

Compatible Land Use. 25.1 In respect of the Settlement Land described in Appendix A and adjacent Non-Non- Settlement Land: 25.1.1 the Tr'xxxxx Hwëch'in Little Salmon/Carmacks First Nation and the Yukon or a municipality within the Traditional Territory may establish a joint planning structure: 25.1.1.1 to develop or recommend amendments to a territorial, municipal or Tr'xxxxx Hwëch'in Little Salmon/Carmacks First Nation community plan or area development land use plan; or, 25.1.1.2 to carry out other activities to promote compatible land use; 25.1.2 where a proposed land use of on Non-Settlement Land may have significant impact on the use of adjacent Settlement Land, the Yukon or the affected municipality, as the case may be, shall Consult with the Tr'xxxxx Hwëch'in Little Salmon/Carmacks First Nation for the purpose of resolving an actual or potential incompatibility in land use of the Non-Settlement Land and adjacent Settlement Land; 25.1.3 where a proposed use of Settlement Land may have a significant impact on the use of adjacent Non-Settlement Land, the Tr'xxxxx Hwëch'in Little Salmon/Carmacks First Nation shall Consult with the Yukon or the affected municipality as the case may be, for the purpose of resolving an actual or potential incompatibility in land use of the Settlement Land and the adjacent Non-Settlement Land; 25.1.4 in matters not subject to the development assessment process referred to in Chapter 12 of the Final Agreement, unless otherwise agreed by the Tr'xxxxx Hwëch'in Little Salmon/Carmacks First Nation and either the Yukon or the affected municipality, as the case may be: 25.1.4.1 a proposed land use of Non-Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Settlement Land; and 25.1.4.2 a proposed use of Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Non-Settlement Land. 25.2 Where Consultation pursuant to 25.1.2 or 25.1.3 does not resolve an actual or potential incompatibility in land use, the Tr'xxxxx Hwëch'inLittle Salmon/Carmacks First Nation, the Yukon or the affected municipality may refer the matter to dispute resolution pursuant to 26.4.0 of the Final Agreement. 25.2.1 The parties to a dispute referred to dispute resolution pursuant to 25.2 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement. 25.2.2 An arbitrator appointed to hear a dispute pursuant to 25.2 shall have the authority as set out in 26.7.3 of the Final Agreement and the authority to make recommendations to a party to the dispute to: 25.2.2.1 change or vary an existing or proposed land use; 25.2.2.2 modify a land use plan or area development regulation; and 25.2.2.3 prepare a new zoning by-law or amend an existing zoning by- by-law. 25.2.3 In making a recommendation in respect of a dispute referred to in 25.2, the arbitrator shall not give any more weight to the fact that a territorial, municipal or Tr'xxxxx Hwëch'in Little Salmon/Carmacks First Nation community or area development land use plan which one party has not had an opportunity to participate in developing, is completed than to any other factor to be taken into consideration. 25.3 Nothing in 25.0 shall be construed to limit the use of Settlement Land for traditional purposes by Yukon Indian People.

Compatible Land Use. 25.1 In respect of the Settlement Land described in Column 2 of Appendix A and adjacent Non-Settlement Land: 25.1.1 the Tr'xxxxx Hwëch'in Carcross/Tagish First Nation and the Yukon or a municipality within the Traditional Territory may establish a joint planning structure: 25.1.1.1 to develop or recommend amendments to a territorial, municipal or Tr'xxxxx Hwëch'in the Carcross/Tagish First Nation community plan or area development land use plan; or, 25.1.1.2 to carry out other activities to promote compatible land use; 25.1.2 where a proposed land use of on Non-Settlement Land may have significant impact on the use of adjacent Settlement Land, the Yukon or the affected municipality, as the case may be, shall Consult with the Tr'xxxxx Hwëch'in Carcross/Tagish First Nation for the purpose of resolving an actual or potential incompatibility in land use of the Non-Settlement Land and adjacent Settlement Land; 25.1.3 where a proposed use of Settlement Land may have a significant impact on the use of adjacent Non-Settlement Land, the Tr'xxxxx Hwëch'in Carcross/Tagish First Nation shall Consult with the Yukon or the affected municipality as the case may be, for the purpose of resolving an actual or potential incompatibility in land use of the Settlement Land and the adjacent Non-Settlement Land; 25.1.4 in matters not subject to the development assessment process referred to in Chapter 12 of the Final Agreement, unless otherwise agreed by the Tr'xxxxx Hwëch'in Carcross/Tagish First Nation and either the Yukon or the affected municipality, as the case may be: 25.1.4.1 a proposed land use of Non-Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Settlement Land; and 25.1.4.2 a proposed use of Settlement Land shall not have a significant adverse impact on the peaceful use and enjoyment of adjacent Non-Settlement Land. 25.2 Where Consultation pursuant to 25.1.2 or 25.1.3 does not resolve an actual or potential incompatibility in land use, the Tr'xxxxx Hwëch'inCarcross/Tagish First Nation, the Yukon or the affected municipality may refer the matter to dispute resolution pursuant to 26.4.0 of the Final Agreement. 25.2.1 The parties to a dispute referred to dispute resolution pursuant to 25.2 which is not resolved by mediation under 26.6.0 of the Final Agreement may agree to refer the dispute to arbitration under 26.7.0 of the Final Agreement. 25.2.2 An arbitrator appointed to hear a dispute pursuant to 25.2 shall have the authority as set out in 26.7.3 of the Final Agreement and the authority to make recommendations to a party to the dispute to: 25.2.2.1 change or vary an existing or proposed land use; 25.2.2.2 modify a land use plan or area development regulation; and 25.2.2.3 prepare a new zoning by-law or amend an existing zoning by- by-law. 25.2.3 In making a recommendation in respect of a dispute referred to in 25.2, the arbitrator shall not give any more weight to the fact that a territorial, municipal or Tr'xxxxx Hwëch'in Carcross/Tagish First Nation community or area development land use plan which one party has not had an opportunity to participate in developing, is completed than to any other factor to be taken into consideration. 25.3 Nothing in 25.0 shall be construed to limit the use of Settlement Land for traditional purposes by Yukon Indian People.