5 No person shall, without a Type B permit, carry on any activity that involves
(a) on land outside the boundaries of a local government,
(i) the use of a quantity of explosives equal to or exceeding 50 kg, but less than 150 kg, in any 30-day period,
(ii) the use of a vehicle the net vehicle weight of which equals or exceeds 5 t but is less than 10 t or the use of a vehicle of any weight that exerts a pressure on the ground equal to or exceeding 35 kPa, other than on a road or within a community landfill, quarry site or airport,
(iii) the establishment of a petroleum fuel storage facility with a capacity that equals or exceeds 4 000 L but is less than 80 000 L,
(iv) the use of a single container for the storage of petroleum fuel that has a capacity that equals or exceeds 2 000 L but is less than 4 000 L,
(v) the levelling, grading, clearing, cutting or snowploughing of any line, trail or right-of-way, other than a road or existing access trail to a building, that exceeds 1.5 m in width but does not exceed 4 ha in area, for a purpose other than the grooming of recreational trails, or
(vi) the construction of a building with a footprint of more than 100 m2 and a height of more than 5 m; or
(b) on land within or outside the boundaries of a local government,
(i) the use of motorized earth-drilling machinery the operating weight of which, excluding the weight of drill rods, stems, bits, pumps and other ancillary equipment, equals or exceeds 500 kg but is less than 2.5 t, for a purpose other than the drilling of holes for building piles or utility poles or the setting of explosives within the boundaries of a local government, or
(ii) the use of a campsite outside a territorial park for a duration of or exceeding 200 person-days but less than 400 person-days.
- SOR/2013-166, s. 4(E)
6 Unless expressly authorized by a permit or in writing by an inspector, no permittee shall
(a) conduct a land-use operation within 30 m of a known monument or of a known or suspected historic or archaeological site or burial site;
(b) excavate land within 100 m of a watercourse at a point that is below its ordinary high-water mark;
(c) deposit excavated material on the bed of a watercourse; or
(d) place a fuel or supply cache within 100 m of a watercourse at a point that is below the ordinary high-water mark of that watercourse.
- SOR/2013-166, s. 5
- SOR/2016-128, s. 3(E)
Small Fuel Caches
7 Every person who establishes a fuel cache, outside the boundaries of a local government, of a volume that equals or exceeds 410 L but does not exceed 4 000 L shall, within 30 days after its establishment, give the Board written notice of the location, amount and type of fuel, the size of containers used, the method of storage and the proposed date of removal of the cache.
- SOR/2016-128, s. 18(F)
8 Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall replace all materials removed by the permittee in the course of excavating, other than rock trenching, and shall level and compact the area of the excavation.
(2) Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall, before the completion of the land-use operation or the commencement of spring break-up, whichever occurs first,
- SOR/2013-166, s. 6
Clearing of Lines, Trails or Rights-of-way
10 Unless expressly authorized by a permit, no permittee shall
(a) clear a new line, trail or right-of-way where an existing line, trail or right-of-way can be used;
(b) clear a line, trail or right-of-way that is wider than 10 m; or
(c) on clearing a line, trail or right-of-way, leave leaners or debris in standing timber.
(2) Where a topographic or geodetic monument is damaged, destroyed or altered during a land-use operation, the permittee shall report the fact immediately to the Dominion Geodesist.
- 1998, c. 14, s. 101(F)
Historic or Archeological Sites and Burial Sites
12 If, in the course of a land-use operation, a suspected historic or archaeological site or burial site is discovered,
(a) the permittee shall immediately suspend operations on the site and notify the Board or an inspector; and
(b) the Board or inspector shall notify any affected First Nation, the Tlicho Government if the operation is taking place in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories, the Déline Got’ine Government if the operation is taking place on Déline lands, and the department of the Government of the Northwest Territories responsible for the location of the site and consult them regarding the nature of the materials, structures or artifacts and any further actions to be taken.
- SOR/2006-253, s. 3
- SOR/2016-128, ss. 5, 18(F)
- SOR/2017-134, s. 2(F)
Orders of Inspector
13 Where an inspector makes an order under subsection 86(1) of the Act, the inspector shall file a copy of the order with the Board without delay.
- SOR/2016-128, s. 18(F)
14 (1) Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall dispose of all garbage, waste and debris from any campsite used in connection with a land-use operation by removal, burning or burial.
(2) [Repealed, SOR/2013-166, s. 8]
- SOR/2013-166, s. 8
Restoration of Permit Areas
15 Unless otherwise authorized by a permit, after completing a land-use operation, a permittee shall restore the permit area to substantially the same condition as it was prior to the commencement of the operation.
Removal of Buildings and Equipment
16 (1) Subject to subsections (2) and (5), after completing a land-use operation, a permittee shall remove all structures, temporary buildings, machinery, equipment, materials, fuel drums and other storage containers and any other items used in connection with the operation
(2) With the prior written authorization of the Board and, in the case of settlement lands, Tlicho lands, Déline lands or other private lands, of the landowner, a permittee may store, in a manner, at a location and for a duration approved by the Board, the items referred to in subsection (1) that the permittee requires for a future land-use operation or other operation in the area.
(3) The Board may, on written request, issue an authorization under subsection (2) for a period of up to one year.
(3.1) On the expiry of an authorization issued under subsection (2), the Board may, on written request, issue a maximum of one subsequent authorization for a period of up to one year for the same operation.
(4) A copy of any authorization issued by the Board under subsection (2) shall be delivered to the landowner.
(5) A permittee may, with the approval of the landowner, leave diamond drill cores at a drill site.
- SOR/2006-253, s. 4
- SOR/2013-166, s. 9
- SOR/2016-128, ss. 6, 18(F)
- SOR/2017-134, s. 2(F)
17 (1) Notwithstanding any other provision of these Regulations or the conditions of any permit, where an emergency threatens life, property or the environment, a person may carry out such land-use operations as are necessary to cope with the emergency.
(2) A person who carries out a land-use operation under subsection (1) shall immediately thereafter send a written report to the Board describing the duration, nature and extent of the operation.
- SOR/2016-128, s. 18(F)
Eligibility for a Permit
18 A person is eligible for a permit who
(a) where the proposed land-use operation is in the exercise of a right to search for, win or exploit minerals or natural resources,
(i) holds the right,
(ii) is the manager of operations, where the right is held by two or more persons who have entered into an exploration or operating agreement designating one of them as the manager of operations, or
(iii) is the person who contracts to have the land-use operation carried out, where the right is held by two or more persons who have not entered into an exploration or operating agreement designating one of them as manager of operations; or
(b) in any other case, has a right to occupy the land and either contracts to have the land-use operation carried out or is the person who is to carry out the operation.
- SOR/2013-166, s. 10
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