crown surface land amendments and disposition...

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Crown Surface Land Amendments

And Disposition Renewals

Presented by: Shelby Biddlecombe, CPSA

Devon Energy Auditorium, June 16, 2015

Overview • Three main “types” of Crown Applications:

• Enhanced Approval Process (EAP) 4 yr Short Term • Limited Scope of Projects – MSL, LOC, PLA, PIL

• Applies to Conventional development only

• Major Industrial Applications – 25 yr expiry • Applies to ALL Oil Sands and In-Situ Projects.

• Traditional Crown Applications – mostly 25 yr expiry • Covers all Conventional applications that are outside of

scope of EAP.

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Short Term and Long Term Dispositions • Two stages to an EAP application:

• Short Term (Interim) Disposition • 4 year Term • Allows for a company to construct, drill and complete a site. • A Long Term Disposition (Final Disposition) must be applied for within the

4 years. Otherwise, the Short Term Disposition will expire and the land will revert back to the Crown. Notice will be provided to the Company of the impending expiry of the disposition.

• Long Term (Final) Disposition • 25 year Term on MSL’s, LOC’s, PIL’s • Indefinite Term on PLA’s. • Full application required including:

• Final As built survey plans, or a Statutory Declaration from the Surveyor • New LAT report (caution: review to ensure no new conditions are present that

would change the project to non-standard) • New Supplement forms • Copies of the Occupant consents – ensure that the disposition numbers are

noted on the Occupant consents.

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What you need: In order to apply for an EAP Long Term disposition, you need the following:

A Statutory Declaration, or: • New First Nations Consultation number, deemed adequate by ACO

• As- Built Survey plan (encrypted file for submission) • New LAT Reports – ensure conditions have been met

• Appropriate Supplemental Forms completed • New Consent from any ‘Occupant’, including FMA holders or GRL holders

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Landscape Analysis Tool (LAT) Reports

• As LAT Reports can only be used once, a new LAT is required to support the Long Term Application

• LAT conditions need to be reviewed and accepted by the Project Team PRIOR to applying for the disposition.

• ***Ensure that your site DOES meet the conditions in the LAT report***

• It is possible that a site that was originally a “standard” application is now, due to a new condition, considered to be “non-standard” and should be applied as NS.

• If all conditions in the LAT can be met by the project, the Long Term application can proceed as “Standard”.

• If one or more conditions cannot be met by the project, the application can proceed, but must be submitted as “Non-Standard”, and a mitigation strategy for the conditions in question must be provided, yes, even after the fact.

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Application Supplements

• Four Supplement forms: • Sites and Installations (for both MSL and PIL’s) • Access (LOC) • Pipelines (PLA) • Non-Standard Mitigation Long Term Disposition Applications require NEW Application Supplements. Each EAP application requires an Application Supplement Form to be completed & submitted via EDS upon application. The Supplement forms outline project specifics as to construction, reclamation, and existing stakeholder consultation. The Supplement forms are updated regularly and should be pulled from the AER website to ensure the latest version is being used. Old forms will not be accepted if a newer version has been released. Non-Standard Mitigation forms are required if a project cannot meet all of the conditions in the LAT report. Watch for new requirements on the supplement forms, such as consent from ISP holders etc.

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Consent of Occupants Prior to applying for a Long Term EAP disposition, all Occupants must provide written consent to the project.

• Occupants include: • FMA Holders • DTL, CTL Holders • GRL Holders

Occupant Consents must reference either the LAT report number, or the disposition number, and the Occupants disposition number. If the LAT report number changes, the Occupant consent must be updated, or it will be rejected.

Refer to Bulletin 2015-02 for details on Occupant consent requirements.

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Other Stakeholders

• Review the Crown search for other stakeholders such as: • CNT – Consultative Notation • PNT – Protective Notation • ISP – Industrial Sample Plot

• Such stakeholders NOW need to provide their CONSENT prior to

submitting any application. If a new stakeholder is now present, they too need to provide CONSENT.

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Long Term Dispositions • Long Term Disposition will be issued for a 25 year term. • Long Term Dispositions will only be issued on sites that have had site entry reported on. • In cases where there are ‘Associated Dispositions’….they can be ‘dis-associated’ for the purpose of submitting a Stat Dec and an As-built. Email to [email protected] to have two associated dispositions ‘dis-associated’. • ** Surface Rentals will always be calculated from the original date of the Short Term Disposition, despite the 25 year expiry is from the date of the Long Term Disposition.

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mailto:[email protected]

Working in EDS: Stat Dec’s

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EDS: EAP Statutory Declarations

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Working in CS: As-Built Surveys

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EDS: EAP As-Built survey plans

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References

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Acronyms

• LAT – Landscape Analysis Tool • FMA – Forestry Management Area • GRL – Grazing Lease • CTL – Coniferous Timber License • DTL – Deciduous Timber License • FNC – First Nations Consultation • EDS – Electronic Disposition System • ETS – Electronic Transfer System • CNT – Consultative Notation • PNT – Protective Notation • ISP – Industrial Sample Plot

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Important Links

• Electronic Transfer System (ETS) • https://ets.energy.gov.ab.ca/ETS/logon.aspx?ReturnUrl=%2fets%2fDe

fault.aspx

• Electronic Dispositions System (EDS) • https://securexnet.env.gov.ab.ca/eds_login.html

• Enhanced Approval Process Website • http://esrd.alberta.ca/forms-maps-services/enhanced-approval-

process/default.aspx

• EAP Manuals & Guides • http://esrd.alberta.ca/forms-maps-services/enhanced-approval-

process/eap-manuals-guides/default.aspx

• First Nations Consultation • http://www.aboriginal.alberta.ca/1.cfm

• AER Forms • http://esrd.alberta.ca/forms-maps-services/forms/lands-forms/aer-

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http://esrd.alberta.ca/forms-maps-services/enhanced-approval-process/default.aspx










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