TRTFN Mining Policy, March 2007
7/17
27. Before agreeing to participate in an Environmental Assessment process or
negotiations for an Impacts and Benefits Agreement or an Accommodation
Agreement, TRTFN Government will seek to ensure that it has the necessary
technical, legal and financial resources and capacity to participate effectively in the
process. TRTFN Government may enter into an interim arrangement with the
proponent and/or a government entity, on a without prejudice basis, for the purpose of
acquiring the necessary resources and capacity.
28. TRTFN participation in an Environmental Assessment process or in negotiations for
an Impacts and Benefits Agreement or an Accommodation Agreement will be
without prejudice to TRTFN Government’s right to refuse to give consent or support
for the project if it decides that the proposal, as modified by measures agreed to in the
Environmental Assessment, the Accommodation Agreement and the Impacts and
Benefits Agreement, would not achieve TRTFN objectives in Section 4.
29. TRTFN Government may give its consent and support for a proposal to develop
commercial mineral production in the Territory, if it decides that the proposal, as
modified by measures agreed to in the Environmental Assessment process, an
Accommodation Agreement and an Impacts and Benefits Agreement, would achieve
the TRTFN objectives in Section 4.
30. A decision under Section 29 shall be made after:
a. the completion of an Environmental Assessment;
b. the negotiation of an Impacts and Benefits Agreement with the proponent; and
c. the negotiation of an Accommodation Agreement with British Columbia
and/or Canada.
31. A decision to ratify a proposed Impacts and Benefits Agreement or Accommodation
Agreement shall be decided by a Joint Clan Meeting. A decision under Section 29, for
TRTFN Government to give consent and support for a proposal to develop mineral
production in the Territory, shall be decided by a Joint Clan Meeting.
Environmental Assessment
32. The TRTFN objectives in Section 4 will serve as the terms of reference for TRTFN’s
team which is participating in an Environmental Assessment process.
33. Before agreeing to participate in an Environmental Assessment under the BC
Environmental Assessment Act and/or the Canadian Environmental Assessment Act,
of a proposal to develop mineral production in the Territory, TRTFN Government
will seek to ensure that the following conditions are met:
a. the process for the conduct of the Environmental Assessment and TRTFN’s
participation in the process will be negotiated with the Crown before the
process begins;
b. a process will be negotiated to harmonize the Environmental Assessment
process with the Crown’s duty to consult and accommodate the interests of
TRTFN in respect of the project; and