Common use of General Access Clause in Contracts

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

Appears in 3 contracts

Sources: Umbrella Final Agreement, Umbrella Final Agreement, Umbrella 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 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

Appears in 1 contract

Sources: Final Agreement