Yukon Surface Rights Board Act (S.C. 1994, c. 43)

Marginal note:Definitions

• 53. (1) In this section,

  “identified quarry”

  « carrière déterminée »

  “identified quarry” means a quarry on settlement land that was identified by a Government

  • (a) prior to the selection of the settlement land for the final agreement of the Yukon first nation concerned or for the Transboundary Agreement, or

  • (b) within the period specified in the final agreement or Transboundary Agreement for identification of quarries or, if no period is so specified, within two years after the date that Agreement takes effect;

  “new quarry”

  « nouvelle carrière »

  “new quarry” means a quarry on settlement land that is not an identified quarry;

  “quarry”

  « carrière »

  “quarry” means

  • (a) a pit, excavation or other place that is made by any means for the purpose of removing rock, gravel, sand, marl, clay, earth, silt, pumice, volcanic ash or any other material, or any material derived therefrom or occurring as a constituent part thereof, used in the construction and maintenance of public roads and other public works, or

  • (b) a site identified for the purpose referred to in paragraph (a),

  and includes works, machinery, plants and buildings below or above ground belonging to or used in connection with such a place or site.

• Marginal note:Disputes over identified quarries

  (2) On application by a Government or Yukon first nation, the Board shall make an order resolving any dispute as to the use or restoration by the Government of an identified quarry.

• Marginal note:Disputes over new quarries

  (3) On application by a Government or Yukon first nation made at least thirty days after the Government’s request for the use of a new quarry, the Board shall make an order

  • (a) resolving any dispute as to whether the Government needs a new quarry or whether a suitable alternate quarry is available on non-settlement land in the surrounding area; or

  • (b) establishing terms and conditions for the use by the Government of the new quarry.

• Marginal note:Prohibition

  (4) Where the Board makes an order determining that the Government does not need a new quarry or that a suitable alternative quarry is available on non-settlement land, the Board shall include in the order a provision prohibiting the Government from establishing or using the new quarry.

Marginal note:Definitions

54. In this section and sections 55 to 58,

“authority”

« autorité expropriante »

“authority” means any Government or any other entity authorized by or pursuant to any Act to expropriate land;

“land”

« terre »

“land” includes any interest in land recognized by law.