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Order Respecting the Withdrawal from Disposal of Certain Subsurface Lands in the Northwest Territories

SI/2003-36

TERRITORIAL LANDS ACT

Registration 2003-03-12

Order Respecting the Withdrawal from Disposal of Certain Subsurface Lands in the Northwest Territories

P.C. 2003-226  2003-02-20

Her 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, hereby makes the annexed Order Respecting the Withdrawal from Disposal of Certain Subsurface Lands in the Northwest Territories.

Purpose

 The purpose of this Order is to withdraw from disposal certain subsurface lands to facilitate the development of a hydro power generating plant near Bluefish Lake, in the Northwest Territories.

Lands Withdrawn from Disposal

 Subject to sections 3 and 4, the tracts of territorial lands set out in the Schedule are withdrawn from disposal on the day on which this Order is made.

Exceptions

 Section 2 does not apply to the disposition of substances or materials under the Territorial Quarrying Regulations.

Existing Rights and Interests

 For greater certainty, section 2 does not apply to

  • (a) the locating of a claim by the holder of a prospecting permit who was granted that permit before the day on which this Order is made;

  • (b) the recording of a claim referred to in paragraph (a) or that was located before the day on which this Order is made;

  • (c) the granting of a lease under the Canada Mining Regulations to a person with a recorded claim where the lease covers an area within the recorded claim;

  • (d) the issuance of a significant discovery licence under the Canada Petroleum Resources Act to a holder of an exploration licence that was issued before the day on which this Order is made where the significant discovery licence covers an area subject to the exploration licence;

  • (e) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of a significant discovery licence referred to in paragraph (d) where the production licence covers an area subject to the significant discovery licence;

  • (f) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of an exploration licence or a significant discovery licence that was issued before the day on which this Order is made where the production licence covers an area subject to the exploration licence or the significant discovery licence;

  • (g) the granting of a surface lease under the Territorial Lands Act to a holder of a recorded claim under the Canada Mining Regulations or of an interest under the Canada Petroleum Resources Act where the surface lease is required to allow the holder to exercise rights under the claim or interest; or

  • (h) the renewal of an interest.

Repeal

 [Repeal]

SCHEDULE(Section 1)Tracts of Lands Withdrawn from Disposal (N.W.T.)

That certain parcel or tract of land situated at Bluefish Lake in the district of Mackenzie in the Northwest Territories, and lying in approximate north latitude sixty-two degrees and forty minutes and approximate west longitude one hundred and fourteen degrees and fifteen minutes, which said parcel or tract may be more particularly described as follows:

Commencing at survey monument “I. Pit. M.R. W. 112” on the southerly limit of the right-of-way of the transmission line from Yellowknife Hydro Development to Thompson-Lundmark Mine as same is shown on a plan of survey of said right-of-way approved by Frederic Hatheway Peters, Surveyor General of Dominion Lands on the twenty-first day of January, nineteen hundred and forty-two, of record number thirty-nine thousand eight hundred and thirty-six in the Legal Surveys Division of the Department of Mines and Resources, Ottawa; thence north eleven degrees and six minutes east a distance of seventy-five feet, more or less, to an iron pin planted on the northerly limit of said transmission line; thence north eleven degrees and thirty five minutes east a distance of one thousand four hundred and twelve feet, more or less, to an iron pin; thence north twenty five degrees and eleven minutes west a distance of one thousand four hundred and ninety-two feet, more less, to an iron pin planted on the southerly bank of Bluefish Lake; thence north fifty-five degrees and twelve minutes west a distance of one thousand eight hundred and fifty-three feet, more or less, to an iron pin; thence south fifty-two degrees and twenty four minutes west a distance of two hundred and sixty-nine feet, more or less, to an iron pin; thence south twelve degrees and twenty-four minutes east a distance of one thousand one hundred and forty-five feet, more less, to an iron pin; thence south twenty-three degrees and fifty-three minutes east a distance of two thousand four hundred and eighty-one feet, more or less, to post number four of the survey of lot one hundred and fifty-three, group nine hundred and sixty-four as said lot is shown on a plan of survey approved by said Frederic Hatheway Peters on the twenty-fourth day of October, nineteen hundred and forty-one, record number thirty-nine thousand eight hundred and two in said Legal Surveys Division; thence south no degrees six minutes and thirty seconds east along the westerly boundary of said lot a distance of four hundred and ninety-nine feet and nine-tenths of a foot, more or less, to post number three of the survey of said lot; thence south seventy-seven degrees and forty-two minutes east a distance of three hundred and seventy-six feet, more or less, to an iron pin; thence north fifty-nine degrees and twenty-eight minutes east a distance of five hundred and twenty-five feet, more or less, to the point of commencement; all in accordance with a sketch plan of stadia traverse of land area under Application for Surface Lease by the Consolidated Mining and Smelting Company of Canada Limited, by J.W. Donaldson, dated October nineteen hundred and forty-eight, a copy of which is on file number nineteen thousand nine hundred and fifty-one in the Lands Division of the Lands and Development Services Branch of said Department of Mines and Resources; saving and excepting thereout and therefrom all the lands lying within said parcel which are covered by the waters of Yellowknife River, Bluefish Lake and Prosperous Lake; the land herein described containing by admeasurement seventy-seven acres and sixteen hundredth of an acre, more of less.

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