Powers and Responsibilities of the Board. 8.3.1 In any proceeding before the Board pursuant to 8.2.1, it shall have the following powers and responsibilities: 8.3.1.1 to establish the terms and conditions of a right of access or use referred to the Board, whether or not compensation is included; 8.3.1.2 to award compensation for the exercise of a right of access or use of the surface, and for damage resulting from access or use of the surface, and from the activities of the Person having the interest in the Mines and Minerals and to specify the time and method of payment thereof subject to exceptions, limitations and restrictions set out in a Settlement Agreement, and to determine the amount of such compensation; 8.3.1.3 to determine compensation for Settlement Land expropriated and to carry out the responsibilities set out in Chapter 7 - Expropriation; 8.3.1.4 to determine, where required by a Settlement Agreement, whether access is reasonably required and whether that access is not also practicable and reasonable across Crown Land; 8.3.1.5 to designate the route of access on Settlement Land determined least harmful to the interest of the affected Yukon First Nation while being reasonably suitable to the Person wishing access; 8.3.1.6 to award costs, including interim costs; 8.3.1.7 to grant an interim order in respect of any matter in 8.3.1.1, 8.3.1.2, 8.3.1.3 or 8.
Appears in 4 contracts
Samples: Final Agreement, Umbrella Final Agreement, Umbrella Final Agreement
Powers and Responsibilities of the Board. 8.3.1 In any proceeding before the Board pursuant to 8.2.1, it shall have the following powers and responsibilities:
8.3.1.1 to establish the terms and conditions of a right of access or use referred to the Board, whether or not compensation is included;
8.3.1.2 to award compensation for the exercise of a right of access or use of the surface, and for damage resulting from access or use of the surface, and from the activities of the Person having the interest in the Mines and Minerals and to specify the time and method of payment thereof subject to exceptions, limitations and restrictions set out in a Settlement Agreement, and to determine the amount of such compensation;
8.3.1.3 to determine compensation for Settlement Land expropriated expropri- ated and to carry out the responsibilities set out in Chapter 7 - Expropriation;
8.3.1.4 to determine, where required by a Settlement Agreement, whether access is reasonably required and whether that access is not also practicable and reasonable across Crown Land;
8.3.1.5 to designate the route of access on Settlement Land determined least harmful to the interest of the affected af- fected Yukon First Nation while being reasonably suitable to the Person wishing access;
8.3.1.6 to award costs, including interim costs;
8.3.1.7 to grant an interim order in respect of any matter in 8.3.1.1, 8.3.1.2, 8.3.1.3 or 8.
Appears in 1 contract
Samples: Umbrella Final Agreement