21 SUBSURFACE RESOURCES

21.1.1
In this chapter,

“development” means the stage after a decision to go into production has been made, but before actual production commences; and

“production” means the removal and taking ownership of minerals other than for assay or testing purposes.

21.1.2
Prior to opening any lands in the settlement area for oil and gas exploration, government shall notify the Gwich’in Tribal Council, provide it with an opportunity to present its views to government on the matter, including benefits plans and other terms and conditions to be attached to rights issuance, and consider such views.

21.1.3
Before any oil and gas exploration takes place, the person proposing to explore and the Gwich’in Tribal Council shall consult on the exercise of the person’s exploration rights with respect to the matters listed in (a) to (h) below. Similar consultations shall be held before the exercise of a developer’s rights to develop or produce:

1. environmental impact of the activity and mitigative measures;

2. impact on wildlife harvesting and mitigative measures;

3. location of camps and facilities and other related site specific planning concerns;

4. maintenance of public order including liquor and drug control;

5. Gwich’in employment, business opportunities and contracts, training orientation and counselling for Gwich’in employees, working conditions and terms of employment;

6. expansion or termination of activities;

7. a process for future consultations; and

8. any other matter of importance to the Gwich’in or the person.

Such consultations are not intended to result in any obligations in addition to those required by legislation.

21.1.4
Any person who proposes to explore for minerals other than oil and gas and who requires a land use permit or water licence shall consult the Gwich’in Tribal Council as provided in 21.1.3.

21.1.5
Similar consultations shall be held before the exercise of a developer’s right to develop or produce minerals other than oil and gas.

21.1.6
The Government of the Northwest Te rritories shall involve the Gwich’in in the development and implementation of any Northern Accord on oil and gas development in the Northwest Territories which is negotiated pursuant to the enabling agreement, dated September 5, 1988, between Canada and the Government of the Northwest Territories.

21.1.7
Government agrees to consult the Gwich’in Tribal Council in relation to any proposed legislation which affects only the Northwest Territories or only Yukon and the Northwest Territories and which

1. regulates the exploration, development or production of subsurface resources in the settlement area, or

2. establishes requirements for subsurface rights issuance in relation to subsurface resources in the settlement area.

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