Regulations governing Alberta’s grazing leases are circulating in the next step toward overhauling the province’s century-old policy on crown lands.
Changes to access and compensation payments for damages have changed considerably.
“Status quo is not an option,” said agriculture minister Ty Lund.
Bill 31, dealing with agricultural dispositions on provincially owned land, was passed last spring. It will not be declared law until the regulations have been approved, said Lund.
Work on the regulations is proceeding slowly so all those concerned can sort through the sections.
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“I’m not going to pull the plug on it at the end of January,” Lund said in an interview.
“We need to get something out there so people can get their teeth into it.”
Among the most controversial of the regulations are clauses dealing with energy company compensation paid to leaseholders for possible damages.
Current lease agreements will remain in place for 10 years.
“If there is a new well drilled, then it will be under the new regime. Anything that is done up to that will maintain the old,” said Lund.”The province as the owner of the land will get more than they have in the past.”
The Surface Rights Act will no longer apply to agricultural disposition holders.
The provincial government will approve developments on the land under an agricultural disposition without the consent of the disposition holder. These lands will then be withdrawn from the disposition, except for pipelines, seismic activity, easements and activities approved under section 19 of the Public Lands Act.
However, developers must approach the lessee to address all possible concerns and arrange payments for damages if they occur. Conflicts may be referred to a specially appointed dispute resolution body.
Bill 31 provides for new revenue to the province from increased industrial rental to be used for conservation and resource management funding. These funds could be used for partial funding of resource enhancement, resolving multiple use conflicts, education, research and increased monitoring of dispositions. Funds could also reimburse agricultural disposition holders for such things as damages caused by unidentifiable recreational users.
Rick Burton, president of the Alberta Grazing Leaseholders Association, said access remains a powerful issue.
“Ninety percent of crown leaseholders allow public access to their crown land,” he said.
Some ranchers have responded to Bill 31 by posting their private land. While they are expected to allow reasonable access to the crown lands they rent, in many cases the lease is surrounded by private land. Posting their land could keep potential recreationists out.
However, if reasonable access for recreational purposes is denied, an enforcement order may be issued requiring him or her to allow access.
Recreational users who enter the land under unreasonable conditions may be arrested and liable for a fine of up to $1,000.
The liability of the agricultural disposition holder has been reduced. Holders will have a “duty of care” for recreational users lowered to that of trespassers rather than visitors.
Recreational users are responsible for their personal safety. Disposition holders are not liable for any injuries sustained by the recreational user unless they are grossly negligent.
