General Access. 6.3.1 A Person has a right of access, without the consent of the affected Yukon First Nation, to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent Non-Settlement Land for commercial and non-commercial purposes if: 6.3.1.1 the access is of a casual and insignificant nature; or 6.3.1.2 the route used is generally recognized and was being used for access on a regular basis, whether year round or intermittently, either, (a) prior to public notification of the final land selection for that Yukon First Nation's Final Agreement, or (b) where the land becomes Settlement Land after the Effective Date of the Yukon First Nation Final Agreement, on the date the land became Settlement Land, on the condition that the exercise of the right of access does not result in a significant alteration being made of that route. 6.3.2 A Person has a right of access without the consent of the affected Yukon First Nation to enter, cross and stay on Undeveloped Settlement Land for a reasonable period of time for all non-commercial recreational purposes. 6.3.3 Where no right of access is provided by a Settlement Agreement, a Person has a right of access to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent land for commercial and non-commercial purposes with the consent of the Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access. 6.3.4 The Surface Rights Board shall not make an order under 6.3.3 unless the Person seeking access satisfies the Board that: 6.3.4.1 such access is reasonably required; and 6.3.4.2 such access is not also practicable and reasonable across Crown Land. 6.3.5 Subject to 6.3.6 and 5.6.0, the holder of a licence, permit or other right of access to or across Settlement Land for commercial or non-commercial purposes, which was in existence either: 6.3.5.1 on the Effective Date of the Yukon First Nation's Final Agreement; or 6.3.5.2 where the land becomes Settlement Land after the Effective Date of a Yukon First Nation's Final Agreement, on the date the land became Settlement Land, shall be entitled to exercise the rights granted by the licence, permit or other right of access including those granted by a renewal or replacement thereof as if the land had not become Settlement Land. 6.3.6 Any change in the terms or conditions relating to access of a licence, permit or other right of access described in 6.3.5, other than a renewal or replacement thereof shall require the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out the terms and conditions of access. 6.3.7 A Yukon First Nation or any Person may refer a dispute concerning the interpretation, application or alleged violation of 6.3.1, 6.3.2 or of any condition established pursuant to 6.6.0 affecting 6.3.1 or 6.3.2 to the Surface Rights Board for resolution. 6.3.8 The parties to a Yukon First Nation Final Agreement may agree therein to limit the application of 6.3.1.2 in respect of any particular route. 6.3.9 Nothing in this chapter shall be construed to provide a right to harvest Fish and Wildlife.
Appears in 4 contracts
Sources: Final Agreement, Final Agreement, Final Agreement
General Access. 6.3.1 A Person has a right of access, without the consent of the affected Yukon First Nation, to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent Non-Settlement Land for commercial and non-commercial purposes if:
6.3.1.1 the access is of a casual and insignificant nature; or
6.3.1.2 the route used is generally recognized and was being used for access on a regular basis, whether year round or intermittently, either,
(a) prior to public notification of the final land selection for that Yukon First Nation's Final Agreement, or
(b) where the land becomes Settlement Land after the Effective Date of the Yukon First Nation Final Agreement, on the date the land became Settlement Land, on the condition that the exercise of the right of access does not result in a significant alteration being made of that route.
6.3.2 A Person has a right of access without the consent of the affected Yukon First Nation to enter, cross and stay on Undeveloped Settlement Land for a reasonable period of time for all non-non- commercial recreational purposes.
6.3.3 Where no right of access is provided by a Settlement Agreement, a Person has a right of access to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent land for commercial and non-commercial purposes with the consent of the Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.
6.3.4 The Surface Rights Board shall not make an order under 6.3.3 unless the Person seeking access satisfies the Board that:
6.3.4.1 such access is reasonably required; and
6.3.4.2 such access is not also practicable and reasonable across Crown Land.
6.3.5 Subject to 6.3.6 and 5.6.0, the holder of a licence, permit or other right of access to or across Settlement Land for commercial or non-commercial purposes, which was in existence either:
6.3.5.1 on the Effective Date of the Yukon First Nation's Final Agreement; or
6.3.5.2 where the land becomes Settlement Land after the Effective Date of a Yukon First Nation's Final Agreement, on the date the land became Settlement Land, shall be entitled to exercise the rights granted by the licence, permit or other right of access including those granted by a renewal or replacement thereof as if the land had not become Settlement Land.
6.3.6 Any change in the terms or conditions relating to access of a licence, permit or other right of access described in 6.3.5, other than a renewal or replacement thereof shall require the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out the terms and conditions of access.
6.3.7 A Yukon First Nation or any Person may refer a dispute concerning the interpretation, application or alleged violation of 6.3.1, 6.3.2 or of any condition established pursuant to 6.6.0 affecting 6.3.1 or 6.3.2 to the Surface Rights Board for resolution.
6.3.8 The parties to a Yukon First Nation Final Agreement may agree therein to limit the application of 6.3.1.2 in respect of any particular route.
6.3.9 Nothing in this chapter shall be construed to provide a right to harvest Fish and Wildlife.
Appears in 1 contract
Sources: Final Agreement
General Access. 6.3.1 A Person has a right of access, without the consent of the affected Yukon First Nation, to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent Non-Settlement Land for commercial and non-non- commercial purposes if:
6.3.1.1 the access is of a casual and insignificant nature; or
6.3.1.2 the route used is generally recognized and was being used for access on a regular basis, whether year round or intermittently, either,
(a) prior to public notification of the final land selection for that Yukon First Nation's ’s Final Agreement, or
(b) where the land becomes Settlement Land after the Effective Date of the Yukon First Nation Final Agreement, on the date the land became Settlement Land, on the condition that the exercise of the right of access does not result in a significant alteration being made of that route.
6.3.2 A Person has a right of access without the consent of the affected Yukon First Nation to enter, cross and stay on Undeveloped Settlement Land for a reasonable period of time for all non-commercial recreational purposes.
6.3.3 Where no right of access is provided by a Settlement Agreement, a Person has a right of access to enter, cross and make necessary stops on Undeveloped Settlement Land to reach adjacent land for commercial and non-commercial purposes with the consent of the Yukon First Nation or, failing consent, with an order of the Surface Rights Board setting out the terms and conditions of access.
6.3.4 The Surface Rights Board shall not make an order under 6.3.3 unless the Person seeking access satisfies the Board that:
6.3.4.1 such access is reasonably required; and
6.3.4.2 such access is not also practicable and reasonable across Crown Land.
6.3.5 Subject to 6.3.6 and 5.6.0, the holder of a licence, permit or other right of access to or across Settlement Land for commercial or non-commercial purposes, which was in existence either:
6.3.5.1 on the Effective Date of the Yukon First Nation's ’s Final Agreement; or
6.3.5.2 where the land becomes Settlement Land after the Effective Date of a Yukon First Nation's ’s Final Agreement, on the date the land became Settlement Land, shall be entitled to exercise the rights granted by the licence, permit or other right of access including those t h o s e granted by a renewal or replacement thereof as if the land had not become Settlement Land.
6.3.6 Any change in the terms or conditions relating to access of a licence, permit or other right of access described in 6.3.5, other than a renewal or replacement thereof shall require the consent of the affected Yukon First Nation or, failing consent, an order of the Surface Rights Board setting out the terms and conditions of access.
6.3.7 A Yukon First Nation or any Person may refer a dispute concerning the interpretation, application or alleged violation of 6.3.1, 6.3.2 or of any condition established pursuant to 6.6.0 affecting 6.3.1 or 6.3.2 to the Surface Rights Board for resolution.
6.3.8 The parties to a Yukon First Nation Final Agreement may agree therein to limit the application of 6.3.1.2 in respect of any particular route.
6.3.9 Nothing in this chapter shall be construed to provide a right to harvest Fish and Wildlife.
Appears in 1 contract
Sources: Umbrella Final Agreement