Kitsumkalum Agreement-in-Principle
11.
British Columbia will:
a)
ensure that any rents and royalties applicable to Tenured Subsurface Resources that
British Columbia would be entitled to receive after the Effective Date if those Tenured
Subsurface Resources were owned by British Columbia, and any interest earned on
those rents and royalties, are paid to Kitsumkalum; and
b)
retain for administrative purposes any fees, charges or other payments applicable to
Subsurface Tenures and Tenured Subsurface Resources under Provincial Law.
12.
Kitsumkalum does not have the authority to establish fees, rents, royalties or other charges in
relation to Subsurface Tenures, or the exploration, development, extraction or production of
Tenured Subsurface Resources.
13.
Kitsumkalum Lands will be treated as private lands under Provincial Law relating to Subsurface
Resources for the purposes of resolving any access issues and compensation rights associated
with any proposed entrance, occupation or use of Kitsumkalum Lands by holders of Subsurface
Tenures. For greater certainty, a holder of a Subsurface Tenure must obtain the agreement of the
owner of Kitsumkalum Lands before entering, occupying or using an area of Kitsumkalum
Lands, and any disagreements may be resolved under Provincial Law relating to access and
compensation disputes involving Subsurface Resources.
14.
If a Subsurface Tenure forfeits, or is abandoned or surrendered, to British Columbia under
Provincial Law, the Tenured Subsurface Resources and Kitsumkalum Lands will no longer be
subject to that Subsurface Tenure.
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