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Land Use Permits
As a time saving measure for users of our web site, the answers to some of the most FREQUENTLY ASKED QUESTIONS about our Land Use Permit Process have been posted here. If you are unable to find the answer to your question in this section, please download our Land Use Permit Process Paper or refer to the Mackenzie Valley Resource Management Act (MVRMA) and the Mackenzie Valley Land Use Regulations (MVLUR) available through other links
at the bottom of this page.
Is a Land Use Permit necessary to build a cabin for hunting or harvesting?
Is a Land Use Permit required for prospecting?
How do we know if the development conforms to an approved Land Use Plan?
How long does it take to issue a Land Use Permit?
How does the SLWB determine which type of Land Use Permit will be issued?
What is the purpose of a Preliminary Screening?
Who determines whether or not a Land Use Permit will be issued?
Are there any special application requirements for oil and gas exploration in the
Sahtu?
What is meant by consultation and what is the requirement for consultation?
What kind of information is required for a Traditional Environmental Knowledge Study
(TEK) and how can the information be gathered?
When are the fees due and to whom are they payable?
Is it necessary to obtain a Land Use Permit for leases and
reserves?
Is a Land Use Permit necessary for land use activities within
municipal boundaries?
What happens in the case of a transboundary development?
Is there a penalty for non-compliance of the Terms and Conditions of the Land Use Permit? How is enforcement carried out?
Is a new Land Use Permit required if changes are made to the project plan after the Permit has been issued?
Is it possible to extend the duration of the Land Use Permit and if so, for how long?
Is it possible to acquire information about previous developments in the area from the
SLWB?
Where can I find more information online?
Q. Is a Land Use Permit necessary to build a cabin for hunting or harvesting?
A. No. Section 2 of the MVLUR exempts the
building of cabins or camps for the purpose of harvesting under
the Land Claim..
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Q. Is a Land Use Permit required for
prospecting?
A. No. Section 2 of the MVLUR exempts prospecting, staking
or locating a mineral claim unless the land use activities exceed
the threshold limits for a Land Use Permit.
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Q. How do we know if the development conforms
to an approved Land Use Plan?
A. The SLWB will submit the completed application to the
Sahtu Land Use Planning Board as part of the referral process. They
alone have the authority to determine if a proposed development
conforms to the applicable Land Use Plan.
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Q. How long does it take to issue
a Land Use Permit?
A. Once the application has been "deemed complete", the
decision whether to issue a Land Use Permit for the proposed development
must be made by the SLWB within 42 days.
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Q. How does the SLWB determine which type
of Land Use Permit will be issued?
A. Land use activities are the sole criteria used to determine
which type of permit may be issued. Threshold limits for Type A
(larger developments) and Type B (smaller developments) Land Use
Permits are laid out in the. MVLUR (Appendix A - Land Use Permit
Process Paper) Types of land use activities include: use of explosives,
use of heavy machinery or vehicles, drilling, storage of fuel, use
of bulldozer, clearing and grading of trails, campsites, construction
and use of hydraulic prospecting equipment.
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Q. What is the purpose of a Preliminary Screening?
A. A Preliminary Screening must be undertaken for every
development before a Land Use Permit may be issued to evaluate whether
there are adverse environmental impacts or significant public concerns
associated with the proposed development. If the Preliminary Screening
is approved by the SLWB, a Land Use Permit will be issued. If it
is not approved, either more information will be requested from
the applicant or the Mackenzie Valley Environmental Impact Review
Board (MVEIRB) will carry out an environmental assessment of the
proposed development.
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Q. Who determines whether or not a
Land Use Permit will be issued?
A. The SLWB staff presents Draft Preliminary Screening
and staff reports with recommendations to the Board for their consideration
and approval. The Board alone has sole authority to issue a Land
Use Permit.
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Q. Are there any special application requirements
for oil and gas exploration in the Sahtu?
A.Proof of permission of the land owner is required. On Sahtu
Settlement lands this takes the form of an Access Agreement and
a Benefits Plan, which may ultimately need approval of the Minister
unless that requirement is waived. In addition, certain Permits
and Authorizations are required by the National Energy Board.
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Q. What is meant by consultation and what
is the requirement for consultation?
A. A public consultation meeting in the nearest community
to which the proposed development is to take place is necessary
prior to submission of the application. Notice of the meeting must
be posted in advance. Representatives for the applicant must fully
explain the proposed development including the potential for environmental
impacts and the proposed mitigation measures to be carried out as
well as the social and economic implications of the project for
the community. The application should detail when and where these
consultations took place, with whom, the approximate numbers in
attendance and any concerns and how they were resolved.
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Q. What kind of information is required
for a Traditional Environmental Knowledge Study (TEK) and how can
the information be gathered?
A. Information provided in a TEK study must be current,
site-specific, and relevant and must reflect the concerns and traditional
knowledge of those people most likely to be affected. Information
from topography and permafrost to vegetation and archeological sites
and is meant to enhance the scientific knowledge provided by government
referral agencies. Further information about what is required is
provided in our TEK Paper available from the SLWB or by calling
our office for the contact numbers of local Renewable Resource Councils
and the Renewable Resource Board.
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Q. When are the fees due and to whom are
they payable?
A. A non-refundable land use application fee and land
use fees calculated on a per hectare basis are due upon application.
Cheques should be made out to the Receiver General for Canada.
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Q. Is it necessary to obtain a Land
Use Permit for leases and
reserves?
A. Yes. All leases and government reserves require a Land
Use Permit unless the activities do not exceed the threshold limits
for Land Use Permits.
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Q. Is a Land Use Permit necessary
for land use activities within municipal boundaries?
A. No. Under Section 53 of the MVRMA land use activities
taking place within municipal boundaries do not require a Land Use
Permit from the Sahtu Land and Water Board.
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Q. What happens in the case of a
transboundary development?
A. When a proposed development application is distributed
to the Mackenzie Valley Land and Water Board (MVLWB) as part of
the referral process and the development has transboundary implications,
the MVLWB will assume jurisdiction for the application.
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Q. Is there a penalty for non-compliance
of the Terms and Conditions of the Land Use Permit? How is enforcement
carried out?
A. Yes. Developments that do not comply with the Terms
and Conditions of the Land Use Permit are subject to Cessation of
Operations Orders, Cancellation or Suspension. In addition, a fine
of up to $15,000 per day/offence and possible jail sentences of
up to 6 months in prison may be levied. Security deposits held in
trust by the government may be confiscated to pay for environmental
damage resulting from the development operations.
The Land Use Inspector from DIAND carries out regular land use inspections
and reports back to the SLWB. DIAND is solely responsible for the
inspection of developments and the enforcement of any Terms and
Conditions issued as part of the Land Use Permit.
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Q. Is a new Land Use Permit required if changes
are made to the project plan after the Permit has been issued?
A. The project plan may be amended or modified depending
on the nature of the changes involved. Contact our office or refer
to the Land Use Permit Process Paper.
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Q. Is it possible to extend the duration
of the Land Use Permit and if so, for how long?
A. Yes, a Land Use Permit may be extended past its original
expiry date as long as the request for an extension is received
in writing prior to the expiry date of the permit. A permit may
be extended for up to 2 years.
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Q. Is it possible to acquire information
about previous developments in the area from the SLWB?
A. Yes. Contact our Clerk of Permits and Licences to obtain
photocopies of information from our Public Registry. There is a
fee of $1.00 /page.
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Q.Where can I find more information online?
A. You can check out these links:
The Mackenzie Valley Environmental Impact Review Board
www.mveirb.nt.ca
The Mackenzie Valley Land and Water Board
www.mvlwb.com
The Sahtu Land Use Planning Board
www.sahtulanduseplan.com
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For suggestions for improving our web site please contact the administrator
at sahtuadm@allstream.net.
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