Kitsumkalum Agreement-in-Principle
CHAPTER 8 – ACCESS
General
1.
Except as modified by the Final Agreement:
a) Kitsumkalum, as owner of Kitsumkalum Lands, has the same rights and obligations with
respect to public access to Kitsumkalum Lands as other owners of estates in fee simple have
with respect to public access to their land; and
b) with respect to unoccupied Kitsumkalum Lands, Kitsumkalum has liabilities and limitations
on liabilities similar to those of the provincial Crown with respect to unoccupied provincial
Crown land.
2.
Nothing in the Final Agreement will affect the public right of navigation on navigable waters.
Designation of Kitsumkalum Private Lands
3.
On the Effective Date, Kitsumkalum Lands identified in Appendix G are designated as
Kitsumkalum Private Lands.
4.
After the Effective Date, Kitsumkalum may designate portions of Kitsumkalum Lands as
Kitsumkalum Private Lands if:
5.
6.
7.
a)
Kitsumkalum has granted an interest comparable to an interest granted by British
Columbia on provincial Crown lands that excludes public access; or
b)
the Kitsumkalum Lands are used for commercial, cultural, resource development or
other uses that are incompatible with public access.
If Kitsumkalum intends to designate Kitsumkalum Lands as Kitsumkalum Private Lands in
accordance with paragraph 4, Kitsumkalum will:
a)
provide reasonable notice to British Columbia, Canada and the public of the proposed
designation; and
b)
consider any views advanced by British Columbia, Canada or the public in respect of the
proposed designation.
If Kitsumkalum intends to change the locations or boundaries of Kitsumkalum Private Land, it
will:
a)
provide reasonable notice to British Columbia, Canada and the public of the proposed
changes; and
b)
consider any views advanced by British Columbia, Canada or the public in respect of the
proposed changes.
If the designation of Kitsumkalum Lands as Kitsumkalum Private Lands has the effect of
preventing public access to an area or location to which there is a public right of access under
Federal Law or Provincial Law, such as navigable waters or Crown roads, Kitsumkalum will
provide reasonable alternative means of public access to that area or location.
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