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Mackenzie Valley Resource Management Act

Version of section 79 from 2002-12-31 to 2005-08-03:

Marginal note:Referral of compensation to board

  •  (1) If a compensation agreement referred to in section 77 or 78 is not entered into within the period allowed by the rules of the board, the applicant or the first nation may apply to the board for a determination of compensation.

  • Marginal note:Determination of compensation

    (2) On an application pursuant to subsection (1), the board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration

    • (a) the effect of the proposed use or deposit on

      • (i) the first nation’s use of waters when on or flowing through its first nation lands or waters adjacent to its first nation lands, or

      • (ii) its first nation lands, taking into account any cultural or special value of those lands to the first nation;

    • (b) the nuisance or inconvenience to the first nation, including noise, that may result on first nation lands;

    • (c) the effect on wildlife harvesting carried on by the first nation; and

    • (d) any other factor that the board considers relevant in the circumstances.

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