Manitoba Government, Canada. The Lands Branch of Manitoba Conservation (2006), had developed a “Crown Land Policy and Wind Farms” document to provide guidance to the private sector for the development of wind farms in their State. The principles set out in that document were: “Crown lands which are already under disposition (eg lease) may be made available where the wind farm development is in the provincial interest. Where the wind farm development requires Crown land which is presently under lease, the lessee will firstly be asked to voluntarily surrender the specific areas needed for the wind farm development. If a satisfactory agreement cannot be reached, only then will formal cancellation of lease rights be considered. Crown land lessees who may lose all or a portion of their leased land will be compensated for direct costs they may incur, eg, costs of moving fences and other issues such as land damage and disturbance. All such costs will be borne by the wind farm developer.” In its Questions and Answers document (Manitoba Conservation 2006) it states: “Will Crown lands which are currently under lease or permit for some other use be considered for wind farm developments? Yes. The major component of wind farms are the wind turbine towers. These towers do not require a large area, often less than a quarter acre. Also, many land uses and activities are compatible with and can occur in close proximity of turbine towers. Where a wind farm development requires Crown land which is currently under lease, Manitoba and the wind farm developer will negotiate with the lessee to surrender the required areas needed for the wind farm. If a satisfactory agreement cannot be reached, Manitoba will then consider removing those areas from the lease.” It is clear that this Policy was prepared to address the situation where the “State” interests should take precedence over existing leasehold interests. This Policy aligned with the original decision of the LPMA in New South Wales to cancel the existing leasehold rights in support of development which is clearly in the interest of the State. However, it did not provide the alternative model being sought.
