Acts and Regulations

2010-43 - Crown Lands and Forests Act

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NEW BRUNSWICK
REGULATION 2010-43
under the
Crown Lands and Forests Act
(O.C. 2010-133)
Filed March 22, 2010
1Section 2 of New Brunswick Regulation 2009-62 under the Crown Lands and Forests Act is amended
(a) by repealing the definition “non-waterfront” and substituting the following:
“non-waterfront ” , when referring to a lease or licence of occupation, means a lease or licence of occupation of Crown Lands that are not located in whole or in part within (non riverain)
(a) seventy-five metres of either side of the ordinary high water mark along a coast,
(b) seventy-five metres of either side of the ordinary high water mark along a river or a stream of Order 4 or greater under the stream order classification system developed by A. N. Strahler,
(c) one hundred twenty metres of either side of the ordinary high water mark along a lake.
(b) by repealing the definition “waterfront” and substituting the following:
“waterfront” , when referring to a lease or licence of occupation, means a lease or licence of occupation of Crown Lands located in whole or in part within (riverain)
(a) seventy-five metres of either side of the ordinary high water mark along a coast,
(b) seventy-five metres of either side of the ordinary high water mark along a river or a stream of Order 4 or greater under the stream order classification system developed by A. N. Strahler,
(c) one hundred twenty metres of either side of the ordinary high water mark of a lake.
(c) by adding the following definitions in alphabetical order:
“affiliated angling lease” means a lease of Crown Lands issued for the purpose of carrying out land based activities that are associated with the recreational fishing and outfitting industries in support of an angling lease issued under the Fish and Wildlife Act. (bail accessoire de pêche à la ligne)
“submerged land lease” means a lease issued for a parcel of submerged Crown Lands residing more than 75 m from the ordinary high water mark and surrounded by submerged land on all sides. (concession à bail de terres submergées)
“submerged land licence of occupation” means a licence of occupation issued for a parcel of submerged Crown Lands residing more than 75 m from the ordinary high water mark and surrounded by submerged land on all sides. (permis d’occupation de terres submergées)
2Schedule A of the Regulation is repealed and the attached Schedule A is substituted.
3Schedule B of the Regulation is repealed and the attached Schedule B is substituted.
4Schedule C of the Regulation is amended
(a) by repealing section 1 and substituting the following:
1Unless this Schedule specifically provides otherwise, the rental for a licence of occupation issued in relation to Crown Lands is 50% of the standard lease rental that would be payable for a lease of those Crown Lands or a minimum rental of $80, whichever is greater.
(b) by adding after section 10 the following:
10.1The rental for a submerged land licence of occupation is the standard licence of occupation rental.
SCHEDULE A
Column I
Column II
Services
Fees
Leases
Application for a lease of Crown Lands under section 23 of the Act
$300
To prepare a lease of Crown Lands or to prepare a renewal of a lease of Crown Lands
$200
Application for permission to sublet the premises under paragraph 24(1)(e) of the Act
$200
Application for amendment to a lease of Crown Lands under paragraph 24(1)(g) of the Act
$50
Licence of occupation
Application for issuance of a licence of occupation under section 26 of the Act, other than a licence of occupation for the construction of roads or the holding of a community activity
$300
To prepare a licence of occupation other than a licence of occupation for the construction of roads or the holding of a community activity
$200
Application for issuance of a licence of occupation for the holding of a community activity of no more than 2 weeks by a non-profit organization
$50
Application for amendment to a licence of occupation under section 26 of the Act
$50
To prepare a renewal of a licence of occupation under section 26 of the Act
$200
Application for permission to assign a licence of occupation under section 26 of the Act
$200
Rights-of-way and easements
Application for granting a right-of-way or an easement with respect to Crown Lands
$500 for the first hectare or part of a hectare and $50 for each additional hectare
Grants, exchanges and transfers
Application for issuance of a grant of Crown Lands under paragraphs 13(b), (c) and (f) or section 13.1 of the Act
$300
Application for issuance of a grant of Crown Lands under paragraph 13(e) of the Act
$500 + $2.50 per hectare of the Crown Lands acquired
To prepare a grant of Crown Lands under section 13 or 13.1 of the Act
$200
Application for making an order under section 16 of the Act
$300
Application for granting or conveying land under section 16.1 of the Act
$300
To prepare a document evidencing that the Minister has granted or conveyed under section 16.1 the land referred to in section 16 of the Act
$200
Application for conveying Crown Lands under paragraph 21(a), (b), (c) or section 21.1 of the Act
$300
To prepare a document evidencing that the Minister has conveyed Crown Lands under section 21 or 21.1 of the Act
$200
Application for a conveyance of Crown Lands under paragraph 21(d) of the Act
$500 + $2.50 per hectare of the Crown Lands acquired
Application for granting a portion of a reserved road under subsection 82(1) of the Act
$300
To prepare a document evidencing that the Minister has granted a portion of a reserved road under section 82 of the Act
$200
Application for the discontinuance of a portion of a reserved road under subsection 83(2) of the Act
$300
Application for declaring a parcel of land that is wholly situated on Crown Lands to be surplus land
$200
Construction of roads
Application for permission for the construction of a road on a reserved road under section 84 of the Act
$150
Application for issuance of a licence of occupation under section 26 of the Act for the construction of a road on Crown Lands that is not a reserved road
$150
SCHEDULE B
1Unless this Schedule specifically provides otherwise, the rental for a lease of Crown Lands is the standard lease rental and is calculated as follows:
for the first 10 hectares of lands + $29 per hectare for all lands in excess of 10 hectares (or a minimum rental of $160, whichever amount is greater).
2The rental for an institutional lease that is non-waterfront is 10% of the standard lease rental, with a minimum rental of $100.
3The rental for a municipal lease that is non-waterfront is 10% of the standard lease rental, with a minimum rental of $100.
4The rental for a waterfront lease is 2 times the standard lease rental or a minimum rental of $320, whichever is greater.
5The rental for a municipal lease that is waterfront is 20% of the standard lease rental, with a minimum rental of $100.
6The rental for an institutional lease that is waterfront is 20% of the standard lease rental, with a minimum rental of $100.
7The rental for a maple sugary lease that is waterfront or non-waterfront
(a) producing value-added maple products is 50% of the standard lease rental,
(b) other than a lease producing value-added maple products, is 80% of the standard lease rental.
8The rental for a non-fibre forestry lease that is waterfront or non-waterfront, except for maple sugaries, is 50% of the standard lease rental.
9The rental for a recreational trail lease that is waterfront or non-waterfront is $2 per km of trail, with a minimum rental of $100.
10The rental for a submerged land lease is the standard lease rental or a minimum rental of $160, whichever is greater.
11The rental for an affiliated angling lease is 2 times the standard lease rental or a minimum rental of $320, whichever is greater.
12The 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 the standard lease rental or a minimum rental of $160, whichever is greater.
13The rental for an electrical energy generation site lease is
where
ha is the number of hectares of Crown Lands specified in the lease
B is the sum, in megawatts, of the name plate capacities of all installed turbines.