Kitsumkalum Agreement-in-Principle
8.
For greater certainty, paragraph 7 will not apply where British Columbia and Kitsumkalum
agree that a reasonable alternative means of public access to an area or location, to which there
is a public right of access under Federal Law or Provincial Law, across provincial Crown land
already exists.
9.
Kitsumkalum acknowledge that the public continues to have an interest in being able to access,
for temporary recreational uses and temporary non-commercial purposes, Kitsumkalum Public
Lands.
10.
The Final Agreement will contain provisions for maintaining reasonable public access, for
temporary recreational uses and temporary non-commercial purposes, to Kitsumkalum Public
Lands.
Public Access on Kitsumkalum Lands
11.
12.
Kitsumkalum will allow reasonable public access on Kitsumkalum Public Lands for temporary
recreational uses and temporary non-commercial purposes, including reasonable opportunities
for the public to hunt and fish on Kitsumkalum Public Lands, but public access does not
include:
a)
harvesting or extracting resources unless authorized by Kitsumkalum or as in accordance
with the Final Agreement;
b)
causing damage to Kitsumkalum Lands or resources on Kitsumkalum Lands;
c)
causing a nuisance; or
d)
interfering with other uses authorized by Kitsumkalum or interfering with the ability of
Kitsumkalum to authorize uses or dispose of its Kitsumkalum Lands.
For greater certainty, public access contemplated by paragraph 11 will be in accordance with
Kitsumkalum Law regulating public access to Kitsumkalum Lands.
Access to Interests on and Adjacent to Kitsumkalum Lands
13.
As may be required, the Final Agreement will provide that Kitsumkalum will allow reasonable
access across Kitsumkalum Lands, at no cost, to the interests that will be set out in the Final
Agreement, consistent with the terms and conditions of those interests.
14.
If no other reasonable access exists across Crown land, Kitsumkalum will allow reasonable
access, at no cost, across Kitsumkalum Lands to any interest located adjacent or in close
proximity to Kitsumkalum Lands, consistent with the terms and conditions of those interests.
Access to Estates in Fee Simple
15.
Kitsumkalum will allow reasonable access, at least as favourable as that which exists
immediately before the Effective Date, across its Kitsumkalum Lands at no cost to the estates in
fee simple that will be set out in the Final Agreement or any subdivided portions thereof.
16.
British Columbia or Kitsumkalum may refer any Disagreement in respect of paragraphs 13 or
15, to be finally determined by arbitration under the Dispute Resolution Chapter without having
to proceed to Stages One or Two.
17.
For greater certainty, nothing in paragraphs 13 or 15 obligates Kitsumkalum to pay any costs
associated with access to a tenure or fee simple estate referred to in those paragraphs.
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