Sahtu Land Use Plan Board Orientation Workshop

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Sahtu Land Use PlanBoard Orientation
Workshop
July 29-30, 2008 Deline Land Corporation
Boardroom, Deline

• Sahtu Land Use Planning Board
• Fort Good Hope, Northwest Territories

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Agenda

• What is Land Use Planning
• Land Use Planning, the SDMCLCA, and the MVRMA
• Mandate and Authority of the SLUPB
• SLUPB Process
• Components of a Land Use Plan
• Evolution of the Sahtu Land Use Plan
• Current Comments on the Plan
• Future Revisions to Complete Draft 2

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What is Land Use Planning

• A formal, structured process by which someone
  makes choices about the use of resources and
  their allocation among legitimate, competing
  uses, in order to achieve stated objectives over
  some specified period in the future.

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What is a Land Use Plan

• A land use plan is a roadmap that tells us how to
  get to our destination (vision).
• A land use plan describes what land uses are
  appropriate, where (and when) they are
  appropriate, and under what conditions.
• A land use plan shall provide for the
  conservation, development and use of land, waters
  and other resources in a settlement area.
  (MVRMA, S. 41 (2)

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Basic Planning Process
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Purpose of Planning

• The purpose of land use planning is to protect
  and promote the social, cultural and economic
  well-being of residents and communities in the
  settlement area, having regard to the interests
  of all Canadians. (MVRMA, S. 35 (a))

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Who are we planning for?

• Special attention shall be devoted to the rights
  of the Sahtu First Nations under their land claim
  agreement, to protecting and promoting their
  social, cultural and economic well-being and to
  the lands used by them for wildlife harvesting
  and other resource uses (MVRMA, S. 35(b))

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Who is involved?

• Land use planning must involve the participation
  of the first nation and of residents and
  communities in the settlement area.
• Approval The Plan must be approved by SSI, GNWT,
  and INAC
• Planning Partners Everyone participating in the
  process

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Role of Planner

• Facilitator Facilitate discussion about the
  consequences of different options on people, the
  environment and the economy
• Synthesizer Organize complex information and
  factors to enable decisions
• Catalyst Clarify objectives and identify options
  to address those objectives

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Contents of land use plan

• (3) A land use plan may include
• (a) maps, diagrams and other graphic materials
• (b) written statements, policies, guidelines and
  forecasts
• (c) descriptions of permitted and prohibited uses
  of land, waters and resources
• (d) authority for the planning board to make
  exceptions to the plan and the manner of
  exercising that
• authority and
• (e) any other information that the planning board
  considers appropriate.

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Plans for Settlement Lands

• The Planning Board shall take into consideration
  a land use plan proposed by the first nation for
  its settlement lands.

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Plan Approval - Submission to First Nation and
Ministers

• Following the adoption of a land use plan, the
  planning board shall submit it to
• the First Nation of the settlement area,
• the Territorial Minister, and
• the Federal Minister.
• The Plan takes effect on the date of its approval
  by the Federal Minister.

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Determination of conformity

• The Sahtu Land Use Planning Board shall determine
  whether an activity is in accordance with a land
  use plan.

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Functions After Plan Approval

• 44. (1) the Planning Board shall
• (a) monitor the implementation of the plan and
• (b) where so authorized by the plan, consider
  applications for exceptions to the plan.

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Interests granted in accordance with plan.

• Upon approval of a land use plan, those
  authorities with jurisdiction to grant licenses,
  permits, leases or interests relating to the use
  of land and water shall conduct their activities
  and operations in accordance with the plan.

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Co-ordinate with Adjacent Planning Bodies

• The Planning Board may liaise and co-ordinate its
  plan, or co-operate in land use planning, with
  the appropriate land-use planning bodies in
  adjacent regions, including the Inuvialuit
  Settlement Region, the Gwich'in Settlement Area
  and the Nunavut Settlement Area.

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Periodic (5 year) Review

• The Planning Board shall carry out a
  comprehensive review of a land use plan not later
  than five years after the plan takes effect and
  thereafter every five years

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Amendment of Plan

• The planning board may, on application or on its
  own motion, adopt any amendments to a land use
  plan that the planning board considers necessary.
• Amendments follow the same approval process as
  the original plan SSI, Territorial, Federal.

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Mandate and Authority of the SLUPB

• The planning board shall, after consultation with
  the federal Minister, the territorial Minister
  and the first nation, determine the objectives to
  be considered and the other factors to be taken
  into account in the preparation of a land use
  plan for the settlement area (MVRMA, S. 40)
• A planning board shall prepare and adopt a land
  use plan for submission and approval. (MVRMA, S.
  41(1)).

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Mandate and Authority of the SLUPB

• Subsequent to the approval of a land use plan, a
  planning board shall
• (a) monitor the implementation of the plan
• (b) where so authorized by the plan, consider
  applications for exceptions to the plan. (MVRMA,
  S. 44)
• A planning board shall determine whether an
  activity is in accordance with a land use plan
  where the activity is referred to the planning
  board (MVRMA, S. 47(1))

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Mandate and Authority of the SLUPB

• The Board develops the Plan.
• Approval of the Plan is up to SSI, the GNWT and
  Canada.
• If the Parties do not agree with the contents of
  the Plan they will not approve it.
• It is not the Boards Plan it belongs to the
  approving Parties.
• The SLUPBs role is to facilitate decisions
  between these three Parties.

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Land Use Planning Resource Management

• Land use planning is part of an integrated system
  of resource management
• Land use plan needs to be integrated with other
  components of the regulatory system and respect
  the roles of other Boards, departments and
  agencies involved
• The MVRMA establishes a logical decision-making
  path from broad policies to site-specific
  decisions

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Land Use Planning Resource Management
The Board must ensure the direction provided in
the land use plan is appropriate to its position
in the regulatory hierarchy
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SLUPB Process
WE ARE HERE
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Plan Development Steps

• Complete Draft 2
• Consult on Draft 2
• Revise Plan (end of 2008-09)
• Complete Draft 3 (2009-10)
• Consult on Draft 3
• Revise Plan Prepare Draft 4 (Final)
• Adopt Draft 4 as the Proposed Plan
• Submit Plan to Parties for approval (end of
  2009-10)

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Components of the Plan

• Land Use Plan
• Background / Supporting Documents
• Poster?
• A land use plan may include
• (a) maps, diagrams and other graphic materials
• (b) written statements, policies, guidelines and
  forecasts
• (c) descriptions of permitted and prohibited uses
  of land, waters and resources
• (d) authority for the planning board to make
  exceptions to the plan and the manner of
  exercising that authority and
• (e) any other information that the planning board
  considers appropriate. (MVRMA, S. 41(3))

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Components of the Plan

• Introduction
• Introduction (Board, land use planning,
  principles)
• Scope and Application of the Plan
• Regulatory Context, Relationship to other land
  use initiatives (e.g. PAS, CEAMF/CIMP)
• Overview of Contents (zoning types, terms)
• Methodology Analysis
• Description of the Sahtu Settlement Area

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Components of the Plan

• Vision, Goals Issues
• The Plan - Zoning Terms for development
• Implementation Monitoring
• Roles and responsibilities
• Conformity Determinations
• Exceptions
• Amendments 5-Year Reviews

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Components of the Plan

• Other Sections
• Executive Summary Plain Language Summary
• Definitions and Acronyms
• Comments and Responses
• List of Consultations
• References
• Supporting Documents (e.g. Background Report,
  Great Bear Lake Watershed Management Plan, other
  sub-regional plans)

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Plan Comments

• INAC
• Environment Canada
• Parks Canada
• GNWT
• PAS
• SRRB
• Deline RRC
• Deline Land Corporation
• SLWB
• AMMO

• CAPP
• MGP
• Pacifica Resources
• Petro-Canada
• Cameco
• Santana Diamonds
• Eagle Plains Resources
• North American Tungsten
• WWF
• Ducks Unlimited
• CPAWS
• CBI

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INAC

• Respect jurisdictions of SLWB, SRRB and fit
  within the MVRMA
• Focus on values to be protected rather than
  prescriptive terms
• Include Great Bear Lake Watershed Management Plan
• Delineate 3 km corridor for Mackenzie Gas Project
  as Infrastructure Zone
• Address Cumulative Effects
• Integration with PAS and other initiatives

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INAC

• Protect Existing Rights
• Zoning limits economic development
• Mining Incomplete consideration of mineral
  resources, restrictive terms
• Allow for access across Conservation and Special
  Management Zones
• Hold a Regional Forum
• Summary and assessment of comments
• Consultation with the Parties on Objectives for
  Planning Process as per s. 40 of the MVRMA.

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Environment Canada

• Need context social, cultural, political,
  regulatory
• Need vision and goals
• Need to address Species at Risk Act requirements
  for listed species
• Use of thresholds to manage disturbance
• Research and monitoring
• Reflect existence of PAS areas
• Identified key migratory bird sites
• Need more information on implementation
• How will conformity determinations work?

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Parks Canada

• The Plan doesnt apply to parks so they need to
  be extracted from Zone
• Conditions should be applied to existing
  authorizations upon renewal
• Need to manage linear development impacts on
  caribou
• Need to manage cumulative effects in multiple use
  zones, not just SMZ
• Nahanni Focus on Sahtu portion, MERA, talk
  about ecological and cultural significance

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GNWT

• Need more context for the Plan
• Plan only applies to activities requiring
  authorization
• Need a vision, goals and objectives
• Consistent definitions
• Fit with other land/water management structures /
  instruments
• Ensure terms are not overly prescriptive
• CZs near communities limit community,
  transportation and energy infrastructure or
  resource development
• Ensure community expansion allowed

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GNWT

• GNWT Interests
• Sound wildlife and forest mgmt
• effective environmental protection
• sustainable community development and economic
  opportunity
• effective transportation, energy, public water
  supply and waste mgmt, and telecommunication
  systems
• provide ample opportunity for natural resource
  development and economic development
• PAS

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GNWT

• Expectations for Final Plan
• Clear and transparent fit within NWT land and
  water management system
• Zone designations that clearly identify
  prohibited and permitted uses
• Clear guidance to regulators and developers
• Regard for NWT public interests
• Use existing standards
• Where standards dont exist, dont create them in
  the Plan set an Action

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PAS

• Assessed level of representation of ecoregions
  within Conservation Zones
• 34 of land in CZ results in meeting 58 of
  ecological representation goals
• If significant hotspots included (another 3),
  72 of ecological goals met
• Add other significant areas (4) 98 of goals
  met

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SRRB

• Application of SMZ conditions to renewal of
  existing authorizations
• Requested additional terms for SRRB on monitoring
  reports, revegetation, use of traditional
  knowledge, disturbance of traplines, community
  notification of activities, speed limits on
  access roads, managing invasive species
• Specific comments related to species and zones

40
Deline Renewable Resource Council and Deline Land
Corporation

• Incorporate the Great Bear Lake Watershed
  Management Plan
• Need clear vision, goals, objectives and purpose
• Need a description of the current status of the
  region, methods, decision-making process
  (evolution of the Plan)
• Great Bear Lake SMZ
• Identify Great Bear Lake as part of the zone
• Need general policies (not prescriptive)
• Allow for an all-weather road NW from Deline to
  tsoo tue

41
Deline Renewable Resource Council and Deline Land
Corporation

• Specific direction on Conservation Zones within
  Deline district
• Allow small scale hydro for community use
• Need general policies
• Designate all settlement lands in the Sentinel
  Islands as SMZ only Crown lands will be
  Conservation Zone
• Concern about prospecting permits - need to
  narrow the exemption for existing authorizations

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CAPP

• Current draft does not provide a sound framework
  for land and resource management that balances
  environmental and social concerns with economic
  benefits
• Limited access to land 79 of land either
  prohibited (CZ) or restricted through conditions
  in SMZ
• Existing rights are not sufficiently clarified or
  protected

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CAPP

• SMZ conditions are unnecessarily prescriptive
• Provided extensive rewording suggestions to
  improve conditions
• Need to allow for infrastructure corridors for
  pipelines, highways and power transmission
• Need to clarify implementation process
• Need to clarify exception and amendment process

44
Petro-Canada

• Want clarification on exception process
• Many conditions duplicate current regulations
• Concern about protection of existing rights
• How will transportation routes through or across
  CZ be managed?

45
MGP

• Provide a Multiple Use Zone for the Mackenzie
  Valley Pipeline and infrastructure
• Corridor must allow for design changes
• Need to allow camps, stockpiles, barge landings,
  access roads, etc in other CZ and SMZ
• Change Little Chicago and Mackenzie River
  Conservation Zones to SMZ to allow infrastructure
• Indicate the natural resources and cultural
  values to be protected rather than prescribing
  the method of protection

46
Mining

• Cameco, North American Tungsten, Santana
  Diamonds, Pacifica Resources, Eagle Plains
  Resources
• Not consulted requesting an extension on
  comment deadline
• Restrictions in the plan expropriate their rights
  
• Want assurance that their mineral rights will be
  grandfathered.
• Disagree with characterization of low mineral
  potential

47
Association of Mackenzie Mountain Outfitters

• Disagree with prohibition of commercial hunting
  in Special Management Zones

48
Canadian Boreal Initiative

• Prohibit developers employees from fishing
• Recommend all linear disturbances be included in
  cumulative effects thresholds (lt3 m)
• Prohibit developers from disturbing ground cover
  during seismic line development
• Replace site-specific monitoring programs with
  SSA scale monitoring program
• Describe how information on connectivity and size
  of conservation areas factored into conservation
  zone development
• Evaluate capacity of the Plan to maintain viable
  wildlife populations

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CPAWS

• Protect at least 40 of the region
• Work with PAS to protect additional lands that
  maximize ecological representation and
  connectivity
• Consider cumulative effects indicators and
  thresholds
• Assess the economic value of natural capital in
  Sahtu Conservation Zones
• Use more general policies, not prescriptive terms
• Require developers to follow best practices for
  seismic lines
• Restrict new mineral claims from being recorded
  in CZ within prospecting permits issued prior to
  Plan approval
• Append the entire GBLWMP to the Plan with
  appropriate amendments

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Ducks Unlimited

• Ramparts River and Wetlands Complex, Willow Lake
  are Key Migratory Bird Terrestrial Habitat Sites
• Link Willow Lake and Kelly Lake, following
  Migratory Bird Site boundary
• High diversity areas for waterbirds
• Sahoyue and Ehdacho, Colville Lake, Maunoir Dome
  and Anderson River, Lac de Bois, Oscar Lake,
  3-Day Lake, Stewart Lake
• Re-designate Lower Mackenzie River Islands as CZ
  (staging area)

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Ducks Unlimited

• Plan should recommend research on wildlife
  populations, habitat restoration, and management
  approaches
• Establish meaningful conditions to ensure bird
  and wildlife populations are not negatively
  affected
• Ensure adaptive framework in the plan to make
  changes over time
• Incorporate PAS information on ecological
  representation

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Plan Revisions - Zoning

• Rezone Colville Lake?
• Consult with Tulita
• Revisit zone types (maybe Draft 3?)
• Heritage zones
• PAS zones,
• Economic Development Zones (?)
• Update, correct, add to zone descriptions

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Plan Revisions - Terms

• Provide structure to terms/conditions
• Conformity Requirements
• Actions
• Recommendations
• Ensure they are clear and implementable
• Eliminate remaining duplication
• Substantiate terms with references
• Link issues, goals and terms together

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Plan Revisions - Context

• Need clear vision and goals for the land, people
• Need description of issues
• Description of the region people,
  socio-demographics, biophysical, resources,
  values (maps and text)
• Need explanation of regulatory context of the
  Plan (place in regulatory system, roles and
  responsibilities, purpose, relationship to other
  initiatives like PAS)

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Plan Revisions - Admin

• Scope and Application what it applies to and
  what it doesnt
• Definitions and Acronyms
• Exception, Amendment Review Processes
• Implementation and Monitoring - Roles and
  responsibilities, processes
• Address previous comments
• Develop record of consultations
• Integrate, format