NISGA'A FINAL AGREEMENT |
ACCESS |
CHAPTER 6
ACCESS
NISGA’A PUBLIC LANDS
Nisga’a Rights and Obligations
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Except as modified by this Agreement, the Nisga’a
Nation, as owner of Nisga’a Lands, has the same rights and obligations
in respect of public access to Nisga’a Lands as other owners of
estates in fee simple have in respect of public access to their land, and
in respect of Nisga’a Public Lands, the Nisga’a Nation has
liabilities similar to those of the Crown in respect of unoccupied Crown
land.
Reasonable Public Access
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Nisga’a Lisims Government will allow reasonable
public access to and onto Nisga’a Public Lands for temporary non-commercial
and recreational uses, but public access does not include:
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harvesting or extracting resources unless
authorized by Nisga’a Lisims Government or as set out in this Chapter;
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causing damage to Nisga’a Lands or
resources;
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causing mischief or nuisance; or
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interfering with other uses authorized by
Nisga’a Lisims Government, or interfering with the ability of Nisga’a
Lisims Government to authorize uses of or dispose of Nisga’a Public
Lands, or to designate Nisga’a Public Lands as Nisga’a Private
Lands or Nisga’a Village Lands.
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Nisga’a Lisims Government may make laws in accordance
with the Nisga’a Government Chapter regulating public access to
and onto Nisga’a Public Lands, for purposes such as:
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public safety;
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the prevention of nuisance or damage, including
fires;
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the protection of sensitive habitat areas
or heritage sites; and
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the prevention of harvesting or extracting
of resources.
Public Access for Hunting and Fishing on Nisga’a
Public Lands
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Nisga’a Lisims Government will provide reasonable
opportunities for the public to hunt and fish on Nisga’a Public
Lands but, as the Nisga’a Nation is the owner of the land on the
effective date, only Nisga’a citizens have the right to hunt and
fish on Nisga’a Lands.
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Hunting and fishing by the public under paragraph 4
will be in accordance with paragraphs 6 and 7, federal and provincial laws
of general application, annual management plans, and any laws enacted by
Nisga’a Lisims Government regulating public access.
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An annual management plan will specify the level of
harvest of each designated species, and any other species that the Minister
and Nisga’a Lisims Government agree should be included in the annual
management plan, that may be harvested on Nisga’a Public Lands by
persons other than Nisga’a citizens, having regard to Nisga’a
preferences for harvesting wildlife under Nisga’a wildlife entitlements
on Nisga’a Lands, and the availability of that species in the rest
of the Nass Wildlife Area.
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Nisga’a Lisims Government may, for the purpose
of monitoring and regulating public access for hunting and fishing under
paragraph 4, require persons other than Nisga’a citizens to obtain
a permit or licence. Those permits or licences will be reasonably available
at a reasonable fee taking into account the administrative and other costs
of the monitoring and regulating.
Notice of Terms and Conditions in Respect of Public
Access
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Nisga’a Lisims Government and British Columbia
will take reasonable measures to notify the public of terms and conditions
in respect of public access to and onto Nisga’a Public Lands.
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Nisga’a Lisims Government will consult with Canada
and British Columbia in respect of any proposed Nisga’a laws that
would significantly affect the regulation of public access to and onto
Nisga’a Public Lands.
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Nisga’a Lisims Government will notify Canada
and British Columbia of the location and boundaries of Nisga’a Village
Lands and Nisga’a Private Lands.
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If Nisga’a Lisims Government intends to change
the locations or boundaries of Nisga’a Village Lands or Nisga’a
Private Lands, it will provide reasonable notice to British Columbia and
Canada of the proposed changes.
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If Nisga’a Lisims Government intends to change
the locations or boundaries of Nisga’a Village Lands or Nisga’a
Private Lands, it will take reasonable steps to notify the public, and
it will consider any views advanced in respect of the proposed changes
by any individual who would be adversely affected, but the changes may
not be set aside on the ground of insufficient notice.
Alternative Access
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If the designation of Nisga’a Public Lands as
Nisga’a Village Lands or Nisga’a Private Lands has the effect
of preventing public access to an area or location to which there is a
public right of access under federal or provincial laws of general application
such as navigable waters or Crown roads, Nisga’a Lisims Government
will provide reasonable alternative means of public access to that area
or location.
NAVIGABLE WATERS
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This Agreement does not affect public rights of access
on navigable waters within Nisga’a Lands.
CROWN ACCESS TO NISGA’A LANDS
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Agents, employees, and contractors of Canada or British
Columbia, police officers appointed under federal or provincial legislation,
and members of the Canadian Armed Forces, in accordance with federal and
provincial laws of general application, may enter, cross, and stay temporarily
on Nisga’a Lands to deliver and manage programs and services, to
carry out inspections under law, to enforce laws, to carry out the terms
of this Agreement, and to respond to emergencies.
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Canada or British Columbia will give reasonable notice
of entry onto Nisga’a Lands under paragraphs 15 or 17 to the Nisga’a
Nation:
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before the entry if it is practicable to do
so; or
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in any event, as soon as practicable after
the entry.
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This Agreement does not limit the authority of Canada
or the Minister of National Defence to carry out activities related to
national defence and security, in accordance with federal laws of general
application.
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Canada will give reasonable notice of entry onto the
Nass Area under paragraph 17 to the Nisga’a Nation:
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before the entry if it is practicable to do
so; or
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in any event, as soon as practicable after
the entry.
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Persons who enter, cross, and stay temporarily on Nisga’a
Lands under paragraphs 15 or 17 are subject to Nisga’a laws except
to the extent that those laws unduly interfere with the carrying out of
their duties, and they are not subject to payment of fees or compensation
except as required by federal or provincial law in respect of the payment
of fees or compensation for access on land owned in fee simple.
NISGA’A ACCESS TO OTHER LANDS
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Agents, employees, and contractors of the Nisga’a
Nation, Nisga’a Villages, and Nisga’a Corporations, and members
of the Nisga’a Police Service, in accordance with laws of general
application, may enter, cross, and stay temporarily on lands off of Nisga’a
Lands to deliver and manage government programs and services, to carry
out inspections under law, to enforce laws, to carry out the terms of this
Agreement, and to respond to emergencies.
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Persons who enter, cross, and stay temporarily on lands
under paragraph 20 are not subject to payment of fees or compensation except
to the extent that federal or provincial law requires the payment of fees
or compensation by or on behalf of agents, employees, or contractors of
federal or provincial governments.
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The Nisga’a Nation, Nisga’a Villages,
or Nisga’a Corporations will give reasonable notice of entry onto
lands under paragraph 20 to Canada or British Columbia as the case may
be:
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before the entry if it is practicable to do
so; or
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in any event, as soon as practicable after
the entry.
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Nisga’a citizens will have reasonable access
to and onto Crown lands that are outside of Nisga’a Lands, including
streams and highways, to allow for the exercise of Nisga’a rights
set out in this Agreement and for the normal use and enjoyment of Nisga’a
interests set out in this Agreement, including the use of resources for
purposes incidental to the normal use and enjoyment of those rights or
interests, provided that this access does not interfere with other authorized
uses or the ability of the Crown to authorize uses or dispose of Crown
land.
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If an authorized use or disposition of Crown land would
deny Nisga’a citizens reasonable access or use of resources, as
contemplated by paragraph 23, the Crown will ensure that alternative reasonable
access is provided.
ACCESS TO FEE SIMPLE PROPERTIES
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If the owner of a parcel of land identified in Schedule
1 of Appendix B-2 reasonably requires a
right of access to that parcel, Nisga’a Government may not unreasonably
withhold consent to that right of access if:
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the owner of the parcel offers fair compensation;
and
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the owner of the parcel and Nisga’a
Government agree on the terms of access.
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If the Nisga’a Nation, a Nisga’a
Village, a Nisga’a Corporation, or a Nisga’a citizen reasonably
requires a right of access to a parcel of Nisga’a Fee Simple Lands,
British Columbia may not unreasonably withhold consent to that access if:
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the Nisga’a Nation, Nisga’a
Village, Nisga’a Corporation or Nisga’a citizen offers fair
compensation; and
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the Nisga’a Nation, Nisga’a
Village, Nisga’a Corporation or Nisga’a citizen and British
Columbia agree on the terms of access.
British Columbia or Nisga’a Lisims
Government may refer a dispute respecting consent to a right of access,
terms of access, or fairness of compensation under paragraph 25 or 26 to
be finally determined by binding arbitration under the Dispute Resolution
Chapter.
CHAPTERS:
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
APPENDICES:
A B
C D
E F
G H
I J
K L
M
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