Common use of SURFACE RIGHTS BOARD Clause in Contracts

SURFACE RIGHTS BOARD. 6.6.1 If a Surface Rights Board is established by legislation as an institution of public government with jurisdiction over matters relating to access and compensation in an area larger than, but which includes, all Tåîchô lands, and that jurisdiction accords with the provisions set out in 6.6, the matters specified in 19.3.3, 19.4.4, 19.4.6, 19.4.7 and 19.5.7 shall be referred by a party to the dispute to the Board for resolution instead of to the administrator for resolution by arbitration under 6.5. 6.6.2 Members of the Surface Rights Board shall be residents of the Northwest Territories. When dealing with Tåîchô lands, the Board shall act through a panel of its members at least one of whom shall be a resident of Môwhì Gogha Dè Nîîtåèè (NWT). 6.6.3 The costs of the Surface Rights Board incurred in accordance with an approved budget shall be a charge on government. The Board shall prepare an annual budget and submit it to government. Government may approve the budget as submitted or vary it and approve it as varied. 6.6.4 The Surface Rights Board shall not accept a request to resolve a dispute in relation to the matters referred to in 6.6.1 from a party to a dispute until that party has participated in mediation conducted in accordance with 6.4. 6.6.5 The Surface Rights Board may, with respect to an access order for Tåîchô lands, (a) establish, as a condition of access, a requirement to pay compensation for the use of the lands including compensation for unforeseen damage that may result from the access; (b) grant the order before any compensation for such access has been determined; (c) establish, as a condition of access, the right of the Tåîchô Government to verify that the access is being exercised in accordance with any applicable condition established by the Agreement or the Board; (d) periodically review the order or any conditions, including compensation; (e) terminate the order, after a hearing, where the lands are no longer being used for the purpose authorized; and (f) award costs. 6.6.6 In determining compensation payable in respect of access to Tåîchô lands, the Surface Rights Board shall consider all relevant factors, including (a) the market value of the land; (b) loss of use of the land to Tåîchô Citizens; (c) effect on wildlife harvesting; (d) adverse effect of the use upon lands retained by Tåîchô Citizens; (e) damage which may be caused to the land used; (f) nuisance, inconvenience and noise; (g) the cultural and other special value of the land to the Tåîchô First Nation; (h) the cost associated with any inspection rights established by the Surface Rights Board as a condition of access; and (i) such other factors as may be provided for in the legislation establishing the Board, but shall not consider the reversionary value of the land after the use terminates, or any entry fee payable. 6.6.7 Any conditions set by the Surface Rights Board in an access order shall be consistent with any conditions established for the activity in question by a regulatory authority and, in the event of a conflict between them, the latter shall prevail. 6.6.8 Where an access order for Tåîchô lands is granted before compensation is determined, a hearing to determine compensation shall be held not later than 30 days from the date of the access order. 6.6.9 Where any preconditions to a right of access have been satisfied, the Surface Rights Board has discretion only with respect to the conditions on which the access may be exercised and cannot refuse to issue the access order.