The Alberta government’s decision to grant recreational and energy access on leased land is leading to open access on private land, warns an official with the Alberta Surface Rights Federation.
Darcy Wills told the federation’s recent annual meeting it will be only a matter of time before Alberta’s Bill 16, which was passed last year and grants energy companies and recreational users access to public agricultural land, will influence the level of access that recreational users and energy companies have on private land.
“I still feel it has weakened the fights of leaseholders and ultimately the rights of landholders in Alberta,” Wills said.
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“Our position has always been the legislation before is infinitely better than we ultimately have.
“The whole Bill 16 is changing the validity of a lease contract and is far reaching. We have a real bad feeling about this.”
Alberta has about 100 million acres of public land. The new regulations apply to about five million acres of agricultural leased land.
Before Bill 16, lease landholders had the right to refuse access to the lease.
Harvey Gartner, who ranches west of Nanton, said he and his neighbours have already been approached by a seismic company that wants to survey for oil and gas on their leased land.
Gardner said his 6,400 acres of leased land and 3,840 acres of deeded land is in a checkerboard and it would be impossible to limit access to deeded land if the company is granted access to leased land.
More important is the worry of driving machinery across the mountainous grassland.
“We are in a sensitive high altitude area. We depend on native grass for winter pasture,” he said. “It’s going to potentially affect my operation. I feel seismic is a potentially major threat.”
Gardner has allowed hunters on the leased land for 30 years, but only if they walk, in an attempt to minimize damage to the grazing land.
Under the new legislation, leaseholders must allow reasonable access for recreation. Leaseholders can refuse access to an exploration company, but under the new rules the company can appeal to the Surface Rights Board and apply for a right-of-entry order.
Gardner said leaseholders are under more pressure from recreational users to use leased land.
Perry Nelson, also with the surface rights group, said Bill 16 doesn’t apply to the Special Areas in eastern Alberta but energy companies have already tried to gain access to land using this legislation.
