PART XII

RESOURCE MANAGEMENT

Renewable Resources

135. Westbank First Nation has jurisdiction in relation to renewable resources situated on, under or above Westbank Lands including protection, conservation, management, development and disposition of renewable resources, except water which is addressed in section 136; this jurisdiction includes:

1. preservation and management of wildlife, including game, birds, fur bearing animals, and their natural habitat;



2. hunting and trapping of wildlife; and



3. preservation and management of the forest resource, including forest enhancement and pest control;

but does not include fish and fish habitat.

136. To the extent that Westbank First Nation has rights over water as recognized by federal or provincial legislation or by operation of law, Council has jurisdiction to manage and regulate water use.

137. Where there are conservation concerns of either Party relating to migratory birds, Westbank First Nation and Canada shall cooperate to establish appropriate co-management arrangements where necessary to address conservation concerns.

Non-Renewable Resources

138. Westbank First Nation has jurisdiction on Westbank Lands in relation to non-renewable resources, including but not limited to:

1. oil, oil shales and gas; and



2. gravel, clay, sand, soil, stone, peat, coal, bitumen, limestone, marble, gypsum, ash, marl, any building stones mined for building purposes or any other element forming part of the agricultural surface of Westbank Lands;

but not including Minerals and uranium mining, refining and handling.

139. Without limiting the generality of section 138, the jurisdiction referred to in section 138 includes the authority to make laws in relation to the non-renewable resources listed therein respecting:

1. management, exploration, exploitation, development and disposition of those resources;



2. issuance of permits and leases for development and disposition of those resources and regulation of conditions, including suspension and revocation of those permits or leases; and



3. control of administrative functions including revenue collection in relation to permits or leases for exploration, development and disposition of resources.

Priority of Law in Relation to Resource Management

140. Except as otherwise provided in this Agreement, in the event of a conflict between Westbank Law in relation to resource management and federal law, Westbank Law shall prevail to the extent of the conflict.

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