SI/95-2319953

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20196

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TERRITORIAL LANDS ACTWithdrawal from Disposal Order (Kelly Lake Area, N.W.T.)Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest TerritoriesP.C.1995-228  19952

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His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 23(a) of the Territorial Lands Act, is pleased hereby:(a)to revoke the Withdrawal from Disposal Order (Kelly Lake Area, N.W.T.), made by Order in Council P.C. 1994-73 of January 13, 1994*; and*SI/94-11, 1994 Canada Gazette Part II, p. 920(b)to make the annexed Order respecting the withdrawal from disposal of certain lands in the Northwest Territories in substitution therefor.Short Title

1This Order may be cited as the Withdrawal from Disposal Order (Kelly Lake Area, N.W.T.).

Purpose

2The purpose of this Order is to withdraw certain lands from disposal in order to set aside and protect them pursuant to paragraph 17.4.1(a) of the Sahtu Dene and Metis Comprehensive Land Claim Agreement, which was approved, given effect and declared valid by the Sahtu Dene and Metis Land Claim Settlement Act1 on June 23, 1994.1S.C. 1994, c. 27

Lands Withdrawn from Disposal

3Subject to section 4, the lands described in the schedule are withdrawn from disposal for the period beginning on the date of registration of this Order and ending on the day that some or all of those lands are designated as a territorial park.

Exceptions

4Section 3 does not apply in respect of existing rights, interests, permits and privileges, in respect of the lands described in the schedule, or any renewals, replacements or extensions thereof, including(a)existing located or recorded mineral claims or prospecting permits in good standing acquired under the Canada Mining Regulations;(b)existing rights in good standing created pursuant to section 8 of the Territorial Lands Act or under the Territorial Lands Regulations;(c)rights to obtain a surface lease on existing located or recorded mineral claims acquired pursuant to section 8 of the Territorial Lands Act or under the Territorial Lands Regulations;(d)existing permits, special renewal permits and leases in good standing acquired under the Canada Oil and Gas Land Regulations;(e)existing permits in good standing acquired under the Territorial Quarrying Regulations;(f)existing rights, permits and interests granted under the Canada Petroleum Resources Act;(g)existing rights issued pursuant to the Territorial Coal Regulations or the Territorial Dredging Regulations or pursuant to the Forest Management Act of the Northwest Territories; and(h)interests in lands described in Exhibit 2 to the Acquisition Agreement, dated May 5, 1988, among Her Majesty in right of Canada, the Northern Canada Power Commission, the Government of the Northwest Territories and the Northwest Territories Power Corporation.SI/2001-32, s. 1(F)

SCHEDULE(Sections 3 and 4)Lands Withdrawn from DisposalIn the Northwest Territories, all that parcel of land shown as “Surface Withdrawal” on the following National Topographic Series map on file at the office of the Regional Manager, Land Resources Division, Department of Indian Affairs and Northern Development, at Yellowknife, which map is entitled “LANDS TO BE WITHDRAWN FROM DISPOSAL OF SURFACE INTERESTS, PER CLAUSE 17.4 OF THE SAHTU LAND CLAIM” approved on August 13, 1993 by Jim Umpherson, Regional Manager, Land Resources, Department of Indian Affairs and Northern Development.National Topographic Series Map(District Of Mackenzie, N.W.T.)96EIncluding any substances or materials that may be disposed of pursuant to the Territorial Quarrying Regulations;Including timber that may be disposed of pursuant to the Forest Management Act of the Northwest Territories; andSaving and excepting therefrom and reserving thereout all mines and minerals, including hydrocarbons, whether solid, liquid or gaseous, and rights to work the same.SI/2001-32, s. 2