Common use of SPECIFIED SUBSTANCES Clause in Contracts

SPECIFIED SUBSTANCES. 18.2.1 Notwithstanding the reservation of mines and minerals from the lands described in 18.1.2(a), and subject to any specific reservation in the grant, Gwich’in title shall include the right to specified substances and the right to work such substances. 18.2.2 Notwithstanding 18.2.1, (a) the right of the Gwich’in to work specified substances is subject to the rights of a person having a mineral interest. A person having a mineral interest shall, where practicable, exercise that interest so as to minimize interference with the right of the Gwich’in to work specified substances; (b) no compensation, other than that determined pursuant to 26.2.1(d) and (e), shall be paid to the Gwich’in in respect of any specified substance incidentally taken, used, damaged or destroyed by a person in the course of exercising mineral rights, and any such specified substance taken, used, damaged or destroyed shall be the property of the person exercising the mineral rights; and (c) notwithstanding (b), the property described in (b) of a holder of a mineral interest in specified substances shall terminate upon termination of the mineral interest. (a) The Gwich’in shall provide supplies of, and permit access to, sand, gravel, clay and other like construction materials on Gwich’in lands if, in the opinion of the Land and Water Board, no alternative source of supply is reasonably available in the surrounding area. (b) The Gwich’in are entitled to fair and reasonable compensation for any materials supplied under (a). (c) If any person or government, and the Gwich’in, do not agree on any terms or conditions respecting the supply of, or access to, materials under (a), the person or government seeking the supply or access may refer the matter to the Land and Water Board which shall decide all matters between the parties including the question of priorities between the Gwich’in and other users. The decision of the Land and Water Board shall be final and binding on the parties and shall not be challenged by appeal or review in any court except on the ground that the Board erred in law or exceeded its jurisdiction. (d) The Land and Water Board may establish rules and procedures for the carrying out of this provision. 18.2.4 Government shall have the right to take sand and gravel without charge from the Gwich’in lands identified in (a) and (b) and shall have free access to reach such sites for that purpose for a period of 20 years from the date of settlement legislation: (a) deposit known as the Frog Creek source located at Lat. 67° 34’N, Long. 134° 04’W (approximately) within parcel 27; and (b) deposit located at Lat. 67° 28’N, Long. 133° 45’W (approximately) within parcel 16.

SPECIFIED SUBSTANCES. 18.2.1 19.2.1 Notwithstanding the reservation of mines and minerals from the lands described in 18.1.2(a19.1.2(a), and subject to any specific reservation in the grant, Gwich’in Sahtu title shall include the right to specified substances and the right to work such substances. 18.2.2 19.2.2 Notwithstanding 18.2.119.2.1, (a) the right of the Gwich’in to specified substances and to work specified such substances is subject to the rights of a person having a mineral interest. A person having a mineral interest shall, where practicable, exercise that interest so as to minimize interference with the right of the Gwich’in designated Sahtu organization to work specified substances; (b) no compensation, other than that determined pursuant to 26.2.1(d27.2.1(d) and (e), shall be paid to the Gwich’in designated Sahtu organization in respect of any specified substance incidentally taken, used, damaged or destroyed by a person in the course of exercising mineral rights, and any such specified substance taken, used, damaged or destroyed shall be the property of the person exercising the mineral rights; and (c) notwithstanding (b), the property described in (b) of a holder of a mineral interest in specified substances shall terminate upon termination of the mineral interest. (a) The Gwich’in designated Sahtu organization shall provide supplies of, and permit access to, sand, gravel, clay and other like construction materials on Gwich’in Sahtu lands if, in the opinion of the Land and Water Board, no alternative source of supply is reasonably available in the surrounding area. (b) The Gwich’in are designated Sahtu organization is entitled to fair and reasonable compensation for any materials supplied under (a). (c) If any person or government, and the Gwich’indesignated Sahtu organization, do not agree on any terms or conditions respecting the supply of, or access to, materials under (a), the person or government seeking the supply or access may refer the matter to the Land and Water Board which shall decide all matters between the parties including the question of priorities between the Gwich’in designated Sahtu organization and other users. The decision of the Land and Water Board shall be final and binding on the parties and shall not be challenged by appeal or review in any court except on the ground that the Board erred in law or exceeded its jurisdiction. (d) The Land and Water Board may establish rules and procedures for the carrying out of this provision. 18.2.4 Government shall have the right to take sand and gravel without charge from the Gwich’in lands identified in (a) and (b) and shall have free access to reach such sites for that purpose for a period of 20 years from the date of settlement legislation: (a) deposit known as the Frog Creek source located at Lat. 67° 34’N, Long. 134° 04’W (approximately) within parcel 27; and (b) deposit located at Lat. 67° 28’N, Long. 133° 45’W (approximately) within parcel 16.