1 Dehcho Land Use Planning Committee Mark Warren Michael Nadli Bob - - PowerPoint PPT Presentation

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Mark Warren Petr Cizek Michael Nadli Bob Overvold Tim Lennie

Dehcho Land Use Planning Committee

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Planning Chronology

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May 2001

Interim Measures Agreement signed by DFN, Canada, and GNWT that establishes Dehcho Land Use Planning Committee (DLUPC).

Feb 2002

DFN, Canada, GNWT appoint representatives to

• DLUPC. Office established in Fort Providence and

staff recruitment begins.

June 2005

DLUPC releases “Draft Land Use Plan.” DFN and Canada sign Pipeline Settlement Agreement that commits Canada to implement plan as soon as possible after it is approved. Land Use Planning Chronology 2001-2007

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Chronology of Revisions to Dehcho Land Use Plan 2007-2008 June 2006

DLUPC releases “Final Draft Land Use Plan” based on

• ver 140 meetings with communities and stakeholders,

2 regional forums, and 117 written submissions. DFN unanimously approves plan at Annual Assembly.

Nov 2006

Canada writes a letter to DFN stating its intent to terminate the DLUPC and to consider the Land Use Plan only after the completion of an “Agreement-in- Principle” (AiP).

April 2007

DFN, Canada, and GNWT sign “Dehcho Land Use Plan Revisions – Terms of Reference and Workplan” and agree to prepare an “Interim Land Use Plan”

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Aug 2007 Canada and GNWT appoint new representatives to DLUPC (Bob Overvold for Canada and Mark Warren for GNWT). DFN maintain

• riginal representatives Petr Cizek and Tim Lennie. Herb

Norwegian resigns as Chair. Mike Nadli appointed as Chair/Chief Executive Officer. Oct 2007- June 2008 DLUPC revises land use plan. Seven three-day workshops/technical sessions and three “working group” meetings

• held. Progress reports presented to Dehcho Process Main Table

in Nov 2007 and Dehcho Leadership Meeting in March 2008. Louie Azzolini, Terra-Firma Consultants, retained as land use planning consultant in Jan 2008.

Chronology of Revisions to Dehcho Land Use Plan 2007-2008

May 2008 Consider comments from Chiefs and Elders forum and other DFN consultations. June 2008 Dehcho Assembly DLUPC Update.

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Zoning Maps

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Map 1: Approved by the Dehcho First Nations - June 2006

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Map 2: Dehcho Revised Interim Land Use Plan - March, 2008

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Definition of Conformity Requirements, Actions, and Recommendations

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1. Federal Protected Area Initiatives Zones are separate federal initiatives for Candidate Protected Areas or National Parks with Interim Protection. 2. Conservation Zones are areas with significant ecological and cultural values. They provide adaptive protection to lands of important cultural or ecological

• value. Of the five types of land use controlled by zoning, only tourism, and with

specific limitations, feeder pipelines are permitted in Conservation Zones, subject to the Interim Plan’s Conformity Requirements. One zone prohibits tourism as well (Birch Lake – Zone 7). 3. Special Management Zones are areas where there is significant potential for both conservation and resource development together. Special Management Zones were established to promote certain types of land use or protect values while allowing some forms of land use to proceed. To achieve these goals, each Special Management Zone prohibits at least one of the five land use types addressed, while permitting others, subject to the Interim Plan’s other Conformity Requirements. The only Special Management Zone that permits non-renewable resource extraction is Jean Marie South Zone 28 which permits oil/gas.

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• 4. Special Development Zones are areas where there is significant

potential for both conservation and resource development. Special Development Zones permit both oil/gas and mining subject to zone- specific terms and conditions. In some Special Development Zones

• ther land uses are also permitted (Forestry, Agriculture and Tourism).
• 5. General Use Zones permit all land uses, subject to the Interim Plan’s

Conformity Requirements and the Regulatory Regime.

• 6. Special Infrastructure Corridors delineate two study corridors for

proposed pipeline projects. The construction and operation of a pipeline is permitted within these corridors, subject to the Interim Plan’s Conformity Requirements, even where the corridors cross Zones where oil and gas operations are not permitted otherwise. All zone requirements and restrictions continue to apply in the corridors except where and to the extent that the Interim Plan states an exception.

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1. Conformity Requirements are legally-binding rules for how a land use is to be carried out. Will usually be implemented through “Policy Direction” from the Minister of DIAND to the Mackenzie Valley Land and Water Board. Apply only to land uses that require a land use permit, lease or other interest in land, water licence, commercial fishing licence, big game outfitter licence, or outfitter licence, or other authorizations. Existing land uses and traditional land use and occupancy are exempt from Conformity Requirements. 2. Actions are measures directed at the Dehcho First Nations, GNWT or Canada that do not regulate land or water use (e.g. research, meetings) and are not legally binding. 3. Recommendations are statements which provide advisory guidance to Responsible Authorities, governments, and other organizations on additional measures that will help achieve the goals of the Plan; for clarity, they are not legally binding requirements, but where appropriate, should be given consideration in future land use decisions and policy initiatives.

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Current Revisions, March 2008 6 Types of Zones Conservation 24.2%

• Fed. Protected Areas*

25.5% Special Management 3.9% Special Development 25.3% General Use 21.1% Special Infrastructure Corridors [0.77%] Total 100%

* Federal Protected Areas refers to Edehzhie and Nahanni National Park which are separate processes outside of the development of the Interim Land Use Plan which are subject to change. 15

Conformity Requirements, Actions, Recommendations Final Draft June 2006 LUP:

25 Conformity Requirements 17 Actions 34 Recommendations

March 2008 Draft LUP Revisions:

– 15 Conformity Requirements – 4 Actions – 20 Recommendations

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Cumulative Effects Management

CR#13 Regulators will consider an cumulative effects evaluation conducted by the Dehcho Land Use Planning Committee. Draft Changes: No change to previous version of CR#24. Cumulative Effects Research A#4 The Dehcho First Nation(s), Canada and the Government of the Northwest Territories in cooperation with the Committee, will create a Working Group in consultation with Regulatory Authorities, industry and

• ther planning partners to carry out research about cumulative

effects…(as listed in detail). Draft Changes: Grouping of A#13, A#14, A#15, A#16, and R#26 into A#4. Work still required on how best to deal with thresholds of disturbance.

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Recommendations from Elders and Chiefs Forum (almost done)

! Request by delegates: 2006 Map currently titled “Draft Land Use Map” to have

statement added: “approved by the Dehcho First Nations (Kakisa Assembly 2006).” Agreed.

! “Pay the Water Ceremony” should be added to R#2 (Respect Dene Values,

Laws, and Principles). Agreed.

! Dehcho Guides and Monitors are essential and should be included in the Plan.

Under review.

! “Slavey” will be changed to “Dene Zhatie.” Agreed with Slavey following in

brackets.

! R#11 – Mine Reclamation Planning and Security should be referred to the Main

Table negotiators and form part of Dehcho Resource Management Act. Agreed.

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! “Give consideration/ to consider” should be changed into

stronger wording (reference C#15 & R#18). Under review.

! The Committee should check into the deleted CR/R/A’s,

especially those that have socio-economic relevance, and refer them to the appropriate committees organizations, corporations etc. The leadership will be asked for their advice as well. Agreed.

! KFN requested a change in zoning. They would like “tourism”

to be included into Zone 15 (Buffalo Lake and Trails). Agreed.

! Add General recommendations about incorporating climate

change issues in all land use decisions. Agreed.

Chiefs and Elders’ Forum (cont.)

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Zoning Implications of Edehzhie/Nahanni If zone boundaries are adjusted through the Nahanni Park Expansion and Edéhzhíe PAS processes prior to Interim Plan review, any areas omitted from the approved protected area boundary will take on the Special Development Zone designation unless

• therwise agreed to by the Parties. Any adjustment to

the boundaries will trigger an automatic review of the Interim Plan and may result in further changes to their designation.

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Mackenzie Valley Pipeline Corridor

CR#2 Mackenzie Valley Pipeline (Special Infrastructure Corridor)

Establishes a “Special Infrastructure Corridor” based on the pipeline study corridor negotiated with Canada and Imperial Oil in the 2003 Interim Land Withdrawals, which avoids the most sensitive areas such as Trainor Lake, ponds and wetlands near JMR, Fort Simpson Mackenzie River Crossing, and north of Wrigley.

Draft Changes: Still being negotiated. No agreement yet on this CR

The DLUPC has not yet agreed on how to address amendments to the Interim Plan should the proposed Mackenzie Valley Pipeline be outside of the existing infrastructure corridor outlined in the Interim Plan.

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Renewal/Sunset Clause

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Termination of Interim Plan Consistent with the principle contained in the Dehcho Interim Measures Agreement, the DLUPC has been exploring language which would allow one or at least two of the three Parties to terminate the Interim Plan.

For greater certainty, any Party [or at least two of the three Parties] may provide ninety (90) days written notice of its intention to terminate the Interim Plan provided that;

• The Parties consult prior to the issuance of the written notification;

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• The Parties consult prior to the notification date for termination.

Prior to a decision to terminate the Interim Plan, the Parties are encouraged to employ the Dispute Resolution Process.

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Consultation with other stakeholders by Parties (e.g. Overlapping Aboriginal governments)

When the DLUPC completes the revised Interim Plan and forwards it to the Main Table, there will be a need for a defined consultation process.

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Interrelationship of IMA with Interim Plan

Regulatory Context of the Interim Plan

Legislative Context 1.The Interim Plan is based on the mandate provided in the Dehcho First Nations Interim Measures Agreement and Pipeline Settlement Agreement and will be implemented by means of authorities exercised under existing legislation. 2.The Interim Plan is intended to provide guidance on significant land use issues but is not intended to conflict with pertinent legislation, regulations

• r agreements of government. For greater certainty, in the event of such a

conflict, the legislation, regulations or agreements of government will prevail to the extent of the conflict. 3.Any Conformity Requirement of the Interim Plan that addresses a land use governed by an IMA requirement or existing legislation adds to rather than taking away from the existing requirement.

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June 2008 Present as much of completed draft Interim Land Use Plan as possible to Dehcho Annual Assembly July - Fall 2008 Complete final draft Interim Land Use Plan for recommendation to DFN Special Assembly for

• approval. If approved, submit Interim Land Use

Plan to GNWT and Canada for consideration and approval.

Next Steps

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