Common use of Conditions of Access Clause in Contracts

Conditions of Access. 6.6.1 If a Yukon First Nation wishes to establish terms and conditions for the exercise of a right of access provided: 6.6.1.1 by 5.15.3, 6.3.1, 6.3.2, 16.11.12, 18.3.1, 18.4.1 or 18.4.2; or 6.6.1.2 by 6.4.1 or 6.4.2 where the right of access is for a period of no more than 120 consecutive days, the Yukon First Nation and Government shall attempt to negotiate the terms and conditions. 6.6.2 Failing agreement pursuant to 6.6.1, the Yukon First Nation may refer the matter to the Surface Rights Board. The Surface Rights Board may establish terms and conditions only for the exercise of a right of access which specify seasons, times, locations, method or manner of access. 6.6.3 Unless Government and the affected Yukon First Nation otherwise agree, a condition established pursuant to 6.6.2 affecting the exercise of a right of access shall be established only to: 6.6.3.1 protect the environment; 6.6.3.2 protect Fish and Wildlife or their habitat; 6.6.3.3 reduce conflicts with traditional and cultural uses of Settlement Land by the Yukon First Nation or a Yukon Indian Person; or 6.6.3.4 protect the use and peaceful enjoyment of land used for communities and residences. 6.6.4 A condition established pursuant to 6.6.2 affecting the exercise of a right of access shall not: 6.6.4.1 restrict law enforcement or any inspection authorized by Law; 6.6.4.2 impose a fee or charge for the exercise of that right of access; or 6.6.4.3 unreasonably restrict that right of access.

Appears in 4 contracts

Samples: Final Agreement, Final Agreement, Umbrella Final Agreement

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