Marginal note:Heritage resources
64. (1) A board shall seek and consider the advice of any affected first nation and, in the case of the Wekeezhii Land and Water Board, the Tlicho Government and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
Marginal note:Wildlife resources
(2) A board shall seek and consider the advice of the renewable resources board established by the land claim agreement applicable in its management area respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
- 1998, c. 25, s. 64;
- 2005, c. 1, s. 37.
Marginal note:Guidelines and policies
65. Subject to the regulations, a board may establish guidelines and policies respecting licences, permits and authorizations, including their issuance under this Part.
Marginal note:Copies of licences and permits
66. A board shall provide the federal Minister with copies of licences, permits and authorizations issued under this Part and of decisions and orders relating to them.
Marginal note:Final decision
67. Subject to sections 32 and 81, every decision or order of a board is final and binding.
68. [Repealed, 2005, c. 1, s. 38]
Special Rules for Land Use
Marginal note:Protection of the environment
69. Before issuing a permit for a use of land, a board shall, with respect to conditions of the permit for the protection of the environment, consult
(a) the territorial Minister, in the case of land of which the Commissioner of the Northwest Territories has administration and control;
(b) the minister of the Crown having administration of the land, in the case of any other land belonging to Her Majesty in right of Canada or that Her Majesty has power to dispose of; or
(c) the owner of the land, in any other case.
Marginal note:Delegation to staff
70. A board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.
Marginal note:Posting security
71. (1) A board may require, as a condition of a permit or as a condition of the assignment of a permit, the posting of security with the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regulations.
(2) The federal Minister shall notify a board of the posting of security so required.
Marginal note:Application of security
(3) Where damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the board may request of the federal Minister that all or part of the security posted by the permittee be applied toward the costs incurred in repairing the damage.
Marginal note:Liability not limited
(4) This section does not affect the liability of a permittee for any damages to land in excess of the amount of the posted security.
Marginal note:Refund of security
(5) The federal Minister shall, in accordance with the regulations, refund any part of the security posted by the permittee that is not applied pursuant to this Part.
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