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2021-34
- Crown Lands and Forests Act
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NEW BRUNSWICK
REGULATION 2021-34
under the
Crown Lands and Forests Act
(O.C. 2021-94)
Filed March 30, 2021
1
New Brunswick Regulation 2009-62 under the Crown Lands and Forests Act is amended
(
a
)
by repealing Schedule B and substituting the attached Schedule B;
(
b
)
by repealing Schedule C and substituting the attached Schedule C.
2
This Regulation comes into force on April 1, 2022.
SCHEDULE B
1
Unless this Schedule specifically provides otherwise, the rental for a lease of Crown Lands is $400 or the standard lease rental calculated as follows, whichever is greater:
MV × 10%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
2
For the purpose of calculating the standard lease rental or a rental referred to in sections 4 to 7, the market value of the following lease areas is as follows:
MARKET VALUE (MV)
LEASE AREA (A)
Â
MV
0
= $4,000
A
0
= less than 0.4047 ha
MV
1
= $4,000
A
1
= 0.4047 ha
MV
2
= $16,000
A
2
= 10.1172 ha
MV
3
= $35,000
A
3
= 29.9469 ha
MV
4
= $60,000
A
4
= 59.8937 ha
MV
5
= $410,000
A
5
= 600.1512Â ha
3
For the purpose of calculating the standard lease rental or a rental referred to in sections 4 to 7, the market value of a lease area that is not a lease area specified in section 2 is calculated as follows:Â
(
a
)
for a lease area that is more than 0.4047Â ha and less than 10.1172 ha
(
(lease area – A
1
)
x
(
MV
2
– MV
1
)
)
+
MV
1
A
2
– A
1
(
b
)
for a lease area that is more than 10.1172 ha and less than 29.9469 ha
(
(lease area – A
2
)
x
(
MV
3
– MV
2
)
)
+
MV
2
A
3
– A
2
(
c
)
for a lease area that is more than 29.9469Â ha and less than 59.8937Â ha
(
(lease area – A
3
)
x
(
MV
4
– MV
3
)
)
+
MV
3
A
4
– A
3
(
d
)
for a lease area that is more than 59.8937Â ha and less than 600.1512Â ha
(
(lease area – A
4
)
x
(
MV
5
– MV
4
)
)
+
MV
4
A
5
– A
4
(
e
)
for a lease area that is more than 600.1512Â ha
lease area
x
(
MV
5
)
A
5
4
The rental for an affiliated angling lease is $840 or the amount calculated as follows, whichever is greater:Â
MV × 21%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
5
The rental for an electrical energy generation lease that is waterfront or non-waterfront is $5,130 or the amount calculated as follows, whichever is greater:Â
(MV × 22%) + ($4,250 × B)
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be, and
B
is the sum, in megawatts, of the name plate capacities of all installed turbines.
6
The rental for a lease that is waterfront for industrial, commercial or transportation purposes is $840 or the amount calculated as follows, whichever is greater:Â
MV × 21%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
7
The rental for a lease that is non-waterfront for industrial, commercial or transportation purposes is $420 or the amount calculated as follows, whichever is greater:Â
MV × 10.5%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
8
The rental for a waterfront lease is $800 or two times the standard lease rental, whichever is greater.
9
The rental for an institutional lease that is non-waterfront is $250 or 10% of the standard lease rental, whichever is greater.
10
The rental for an institutional lease that is waterfront is $250 or 20% of the standard lease rental, whichever is greater.
11
The rental for a municipal lease that is non-waterfront is $250 or 10% of the standard lease rental, whichever is greater.
12
The rental for a municipal lease that is waterfront is $250 or 20% of the standard lease rental, whichever is greater.
13
The rental for a non-fibre forestry lease, including a maple sugary lease, that is waterfront or non-waterfront is $400 or 50% of the standard lease rental, whichever is greater.
14
The rental for a recreational trail lease that is waterfront or non-waterfront is $250 or $2 per km of trail, whichever is greater.
15
The rental for a submerged land lease is $400 or the standard lease rental, whichever is greater.
16
The rental for a waterfront lease issued for the purposes of the building or erecting of structures, works or activities required to protect the environment or infrastructure, to prevent imminent and significant danger to property, or to protect the safety of the public is $400 or the standard lease rental, whichever is greater.
17
The rental for a communication tower lease that is waterfront or non-waterfront for commercial purposes is calculated as follows:Â
(
a
)
for a lease area that is 5Â ha or less, $1,750 or the amount calculated as follows, whichever is greater:
$1,750 × lease area
(
b
)
for a lease area that is more than 5Â ha:
$8,750 + the standard lease rental for a lease of Crown Lands that has an area equal to (lease area – 5 ha).
18
The rental for a communication tower lease that is waterfront or non-waterfront for purposes other than commercial purposes is $400 or the standard lease rental, whichever is greater.
SCHEDULE C
1
Unless this Schedule specifically provides otherwise, the rental for a licence of occupation issued under subsection 26(1) of the Act is $200 or 50% of the standard lease rental that would be payable for a lease of those Crown Lands, whichever is greater.
2
The rental for a waterfront licence of occupation is $400 or the standard lease rental, whichever is greater.
3
The rental for an institutional licence of occupation that is non-waterfront is $125 or 5% of the standard lease rental, whichever is greater.
4
The rental for an institutional licence of occupation that is waterfront is $125 or 10% of the standard lease rental, whichever is greater.
5
The rental for a licence of occupation issued for a municipal purpose that is non-waterfront is $125 or 5% of the standard lease rental, whichever is greater.
6
The rental for a licence of occupation issued for a municipal purpose that is waterfront is $125 or 10% of the standard lease rental, whichever is greater.
7
The rental for a licence of occupation that is waterfront or non-waterfront and is issued for the purpose of a recreational trail is $250 or $2 per kilometre of trail, whichever is greater.
8
The rental for a submerged land licence of occupation is $200 or 50% of the standard lease rental, whichever is greater.
9
The rental for a licence of occupation issued for the purpose of a commercial sign is $500 per sign.
10
The rental for a licence of occupation to explore for electrical energy is as follows:Â
(
a
)
a licence of occupation without an exclusive option to apply for an electrical energy generation lease, $1 per hectare + $800 per test device; and
(
b
)
a licence of occupation with an exclusive option to apply for an electrical energy generation lease, $4 per hectare + $800 per test device.
11
The rental for a licence of occupation authorizing the extraction, the harvesting or the taking of
ascophylum nodosum
(rockweed) is $500.
12
The rental for a licence of occupation issued for the purpose of occupying and using Crown Lands for a period, including all renewals, of less than 6 months is $0.
13
The rental for a licence of occupation issued for the purpose of constructing an access road open to the public is $0.
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