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First Working Draft Dehcho Land Use Plan

First Working Draft Dehcho Land Use Plan. Comments from the Department of Indian Affairs and Northern Development – March 2005. Scope of Review. 3 primary components: 1.0 Legislative Conformity and Crown Obligations

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First Working Draft Dehcho Land Use Plan

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  1. First Working Draft Dehcho Land Use Plan Comments from the Department of Indian Affairs and Northern Development – March 2005

  2. Scope of Review 3 primary components: 1.0 Legislative Conformity and Crown Obligations 2.0 Integration of Plans with Existing Policies, Programs, Strategies and Processes 3.0 Pofessional Land Use Planning Principles and Practices

  3. Outline of DIAND’s Comments • Executive Summary • Background and Scope of Review • Section 1.0 – Legislative Conformity & Crown Obligations • Section 2.0 – Integration of Plan with Existing Policies, Programs, Strategies & Processes • Section 3.0 – Professional Land Use Planning Principles & Practises • Section 4.0 – Editorial Comments & Questions

  4. How the Review was Conducted • DCLUPC submitted First Draft Plan [the Plan] to DIAND on Feb 18th, 2005. • Cross-Directorate Working Group formed, representing 9 Directorates in NWT Region & 7 in Headquarters [Ottawa].

  5. Overview of DIAND’s Key Findings • Strong 1st Draft Plan. • The Committee should be commended for it’s elegant model [Figure 1], a unique & significant contribution to comprehensive & integrated northern land use planning. • Requires further discussion and work in some areas leading to Revised Draft Plan.

  6. 1.0 Legislative Conformity and Crown Obligations Consistency with Existing Legislation & Crown Obligations: • Strengthen recognition & reference the IRDA & the IMA. • More emphasis on Plan approval process and status for implementation without Final Agreement.

  7. 1.0 Legislative Conformity and Crown Obligations………. Existing Regulatory Framework • Clarify “Terms” in Table 7 which might conflict or duplicate existing legislation and roles of RAs. • Clarify the “pacing-of-development” concept based on the Econ. Dev. Strategy [EDS].

  8. 2.0 Integration with Existing Policies, Programs and Strategies Cumulative Effects • Strengthen linkages to CEAM Strategy and Framework. Sustainable Development • Strengthen Dehcho Baseline information. • Add mechanism/criteria to help gauge success of Plan in striving for sustainable communities & sustainable development.

  9. 2.0 Integration with Existing Policies, Programs and Strategies…. Conservation Zones [CZs] / NWT Protected Areas Strategy • Further clarify Plan/PAS interrelationships. • Address access issue into the SMZs & GUZs which cross the CZs - in terms of protection and dev. values • Further evaluate zoning in some areas.

  10. 2.0 Integration with Existing Policies, Programs and Strategies…. Trans-Boundary Land Uses/ Mackenzie Gas Project & Pipeline • Address trans-boundary land uses, including the proposed Mackenzie Gas pipeline. • Designate a “Special Infrastructure Corridor” for the proposed pipeline within the CZs & include more detail in definition & on related terms & conditions.

  11. 3.0Professional Land Use Planning Principles and Practices Land Use Designations & the Zoning System • More fully describe the economic implications of Plan by running it through the EDA Model. • Clarify designation and scope of CZs [not withdrawn] – really “temporary”, OR permanent? • Clarify “faster” regarding interim-protection during non-renewable resource assessment [NRA] work. • Explain role of Committee during implementation re Canada Mining Regs. amendments – similar to Gwich’in Land Use Planning Board?

  12. 3.0Professional Land Use Planning Principles and Practices….. Land Use Designations & the Zoning System… • Consider permitting oil and gas activities in specific SMZ’s. • Stress that NRA work, via the PAS process, for the Pehdzeh Ki Deh & Sambaa K’e/Redknife River Areas of Interest, & MERA [Nahanni NPR] will be part of boundary decisions & changes to CZ designations during 5-year Plan Review.

  13. 3.0Professional Land Use Planning Principles and Practices….. Access Implications • Address the implications to oil & gas and mining industries from access restrictions on CZs & all-weather roads across SMZs, to “islands” of GUZs for their seismic, exploration and development work. • Relatively large amount of land zoned for CZs & SMZs could impact future income generation from resource royalties which may be needed to pay for a Dehcho Government post Final Agreement.

  14. 3.0Professional Land Use Planning Principles and Practices….. Mineral Information • Expand the definition of “Mining” to include Coal Exploration & Dredging – both have their own Regulations. Oil & Gas Information • In Table 6, only 21% of the zones [4 of the 19 rated for oil & gas ] allow for this land use compared to mining at 26% & forestry at 33%.

  15. 3.0Professional Land Use Planning Principles and Practices….. Oil & Gas Information…. • Maps related to oil and gas & existing activities require refinement. • EDA Model section – figure of only 16 wells very modest; may not support sustained employment & business dev.

  16. 3.0Professional Land Use Planning Principles and Practices….. Overall Plan Scope & Format • Write the Revised Draft Plan as if it were the final Plan. • Consider showing revisions in the Revised Draft Plan & footnoting these to the submitted comments. • Add IMA & IRDA to Appendices. • Consider locating portions of EDA Model section right on Maps 5, 6, & 7 [oil & gas, mining, & forestry]. • Consider extracting & consolidating key policies from “Working Draft Policy Recommendations” into a new Vision section further up front & the EDS section into a new chapter on Implementation, Mon. & Review.

  17. 3.0Professional Land Use Planning Principles and Practices….. Plan Implementation, Monitoring & Review • Add chapter on plan implementation, monitoring and review. • Include references to the IMA reqs. [App II, Articles 24. on conformity and 25. on post Final Agreement revisions to Plan], & describe how approved Plan will revise & replace the current land withdrawals.

  18. 3.0Professional Land Use Planning Principles and Practices… Plan Implementation, Monitoring & Review… • Address Committee’s protocols [steps, terms & rules] for granting: • “Exceptions to the Plan”; and • “Amendments to the Plan”. • How “Comprehensive Reviews of the Plan” would be carried out [usually every 5 years].

  19. Conclusion Staff of the Dept. would be pleased to meet with the Committee on any of the detailed comments provided.

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