PLAR Formal Dispositions Directive Public Land Management ... · the issuance and maintenance of...
Transcript of PLAR Formal Dispositions Directive Public Land Management ... · the issuance and maintenance of...
Apr 7, 2014 PLAR Formal Dispositions Directive
© 2014 Government of Alberta Page 1 of 1
1. Introduction
1.1 Purpose
Environment and Sustainable Resource Development (ESRD) is responsible for managing and
regulating Alberta’s public lands. The Public Lands Act amendments that came into force on
April 1, 2010 and the Public Lands Administration Regulation (PLAR) that came into force on
Sept 12, 2011 redefined some of the ways the public land administration is carried out, including
the issuance and maintenance of dispositions issued on public land.
In support of implementation of PLAR this directive describes the operational policy and
procedures for the administration of Formal Dispositions as defined in PLAR.
1.2 Scope
This directive is mandatory and shall be used by all persons having the delegated authority for the
administration of Formal Dispositions under PLAR.
The following Policy and Procedures as related to Formal Dispositions are included in this
directive:
• Types
• Allocation
• Tenure
• Fees & Charges
• General Application Requirements
• Activity and Purpose Codes
• Approvals associated with Formal Dispositions
1.3 Background
Sections 15 and 20 of the Public Lands Act empower the directors to authorize dispositions on
public land. A disposition is an instrument that conveys an estate, interest, right or privilege in
respect of Public Land. There are three classes of dispositions defined in PLAR as follows:
1. Formal Disposition
2. Authorization
3. Approval
Title: PLAR Formal Dispositions Directive
Number: ESRD, Public Land Management, 2014, No.1
Program Name: Public Land Management
Effective Date: January 30, 2014
This document was updated on:
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These three classes of dispositions are distinguished by:
• The degree of rights conveyed by the disposition (e.g. whether the disposition conveys an
interest in public land or merely a right or privilege)
• The rights and obligations of the disposition holder
• Application and issuance requirements, timelines and process.
This Directive deals with Formal Dispositions. A formal disposition is a specific type of
disposition under the Public Lands Act bearing a title and number assigned by the department and
is one twelve specific instruments. See table 2.1 and the glossary for further information.
Reference should be made to PLAR Authorizations Directive and PLAR Approvals Directive for
information related to those classes of dispositions.
Throughout this directive reference is made to the “Regulatory Body”. This term is used to
describe the government department or delegated authority which may implement the Public
Lands Act. As of the effective date of this directive the term “Regulatory Body” applies to
Environment and Sustainable Resource Development (ESRD), and the Alberta Energy Regulator
(AER).
1.4 Precautions
Use this directive with the supporting documents and processes identified within. Revisions to
this directive may be needed when there are changes to the supporting documents or processes
within.
Revisions to the directive are the responsibility of the directive Owner. Regulatory body staff and
applicants may contact the directive owner if there are any questions about this procedure.
1.5 Responsibility
The following roles are responsible for maintaining, approving, and using this procedure:
• Directive Owner: ESRD Policy Division, Lands and Forestry Policy Branch
• Directive Approver: Executive Director, Lands & Forest Policy, Policy Division, ESRD
• Directive Users: ESRD Operations Division, Policy Division, Integrated Resource Planning
Division, and the Alberta Energy Regulator
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2. Policy- PLAR Formal Dispositions
A Formal Disposition issued under PLAR has three unique code identifiers. These codes are used to apply
for and issue a Formal Disposition and describe the activity that is approved on Public Land. They are
used in the digital tracking systems managed by the regulatory bodies. The three codes are explained
below:
1. Disposition Type: The disposition type code defines the tenure, maximum term length, general
purpose, fees, and general application requirements of a certain formal disposition. The
disposition type is represented by a three letter code and is used to track and administer that
disposition. An example would be a Licence of Occupation (LOC or DLO)
Note: In cases where both regulating bodies (ESRD and the AER) issue a common type of
disposition, two distinct three letter codes are used to distinguish which dispositions are issued by
a certain regulatory body. For example a Licence of Occupation would be issued as an LOC by
the AER and as a DLO (Departmental Licence of Occupation) by ESRD. Both codes reference
the same type of disposition under PLAR.
2. Purpose Code: The purpose code defines the general purpose of the disposition in organized
categories (e.g. Wellsite). Purpose codes link to approval standards or conditions. This ensures
proper management of the disposition.
3. Activity Code: The activity code further defines the Purpose Code and provides a greater level
of detail. Activity Codes define allowable activities under a Purpose code, and may have direct
links to approval standards or conditions for that activity. (e.g. “Observation” and “PNG
Production (SW)” which are both allowable activities under the purpose of Wellsite)
**See PLAR Table A1: ESRD PLAR Dispositions, and A2: AER PLAR Dispositions for a complete
listing of all disposition types, purpose codes and activity codes.
Most formal disposition types will be issued with an associated purpose and activity code; however there
are some that may be issued without a purpose or activity code where the disposition type sufficiently
describes the activity that will occur on the disposition (e.g. Grazing leases have no purpose code or
activity codes).
For proposed activities or land uses that are not represented in Table A1 or A2, a review by ESRD will be
required to determine if the proposed activity is a suitable use of public land, and if the proposed activity
requires an additional type, purpose or activity code.
2.1 Disposition Types
The following table 2.1 lists all the formal dispositions issued under PLAR, and the
corresponding official 3 digit identifier:
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Table 2.1 Formal Dispositions under PLAR
Disposition
Type Definition
Three
Digit
Identifier
Disposition
Formally
Defined in
PLAR?
PLAR
Division
Regulatory
Body
Commercial
Trail Riding
Permit
A formal disposition issued to
authorize the use of land for
commercial horseback riding trips of
varying duration.
CTR Yes Div. 8 ESRD
Cultivation
Permit
A formal disposition issued to
authorize the permit holder to cultivate
or crop the land described in the permit
that is generally already under
cultivation. New clearing or breaking is
not permitted. A cultivation permit
may also permit grazing in permit areas
that are not cultivated.
CUP Yes Div. 3 ESRD
Easement A formal disposition issued to allow
for right of access and occupation of
public land for the purpose of
constructing and maintaining a power
line or communications cable.
EZE Yes Div. 9 ESRD
Farm
Development
Lease
A formal disposition issued for land
that is suitable for cultivation, and/or
other agricultural activities including
cultivation, haying and grazing.
Although the primary use of the land is
for cultivation, grazing on the area not
suitable for cultivation is allowed.
FDL Yes Div. 3 ESRD
Grazing
Lease
A formal disposition that is issued to
authorize the grazing of livestock,
normally granted on public land where
grazing is considered to be the best
long-term use of the land.
GRL Yes Div. 1 ESRD
Grazing
Licence
A formal disposition that is issued for
the intended use of grazing livestock
on forested lands in the Green and
White areas. Generally a licence is
issued in areas unsuitable for intensive
grazing developments and other
important resource values must be
protected.
FGL Yes Div. 1 ESRD
Licence of
Occupation
A formal disposition issued allowing
the holder to enter onto and occupy
public lands for the stated purpose and
activity under which the Licence is
issued. LOCs are primarily issued for
linear access (such as road, trails and
aerial infrastructure) and bed and shore
dispositions (such as weirs, docks, etc.)
DLO
LOC
Yes Div. 4 ESRD
AER
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Table 2.1 Formal Dispositions under PLAR
Disposition
Type Definition
Three
Digit
Identifier
Disposition
Formally
Defined in
PLAR?
PLAR
Division
Regulatory
Body
Mineral
Surface Lease
A formal disposition issued primarily
for the exclusive extraction of
resources through drilling or mining,
and for activities directly incidental to
the recovery of those minerals.
DMS
MSL
Yes Div. 5 ESRD
AER
Miscellaneous
Lease
A formal disposition issued for
occupation and use of public land for
the specified purpose and activity. A
miscellaneous lease is used when
another Formal Disposition type cannot
be applied.
DML
MLL
Yes Div. 9 ESRD
AER
Pipeline
Agreement
A formal disposition that is a right-of-
way agreement issued for the
installation and maintenance of a
pipeline.
DPL
PLA
Yes Div. 7 ESRD
AER
Pipeline
Installation
Lease
A formal disposition issued for
exclusive surface rights for any
equipment, apparatus, mechanism,
machinery or instrument that is
incidental to the operation of a
pipeline. A pipeline installation
disposition is generally not required
where the installation is located
entirely within the Pipeline Agreement
right-of-way.
PIL Yes Div. 7 AER
Surface
Materials
Lease
A formal disposition issued for the
extraction of surface materials, whereas
dues will be charged based on the
amount of that materials removal and
sale. A surface material lease does not
allow for the working or recovery of
mines or minerals.
SML Yes Div. 6 ESRD
Rural
Electrification
Association
A formal disposition issued to allow
for right of access and occupation of
public land for the purpose of
constructing and maintaining a power
line by a rural electrification
association.
REA Special
Type of
Easement
(EZE)
Div. 9 ESRD
Vegetation
Control
Easement
A disposition issued for the ongoing
management of vegetation outside of
another disposition (typically a linear
right-of-way). This disposition is
typically associated directly with an
EZE or an REA.
VCE
RVC
Special
Type of
Easement
(EZE)
Div. 9 ESRD
AER
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Table 2.1 Formal Dispositions under PLAR
Disposition
Type Definition
Three
Digit
Identifier
Disposition
Formally
Defined in
PLAR?
PLAR
Division
Regulatory
Body
Table 2.1 Notes:
Recreation leases will no longer be issued by the department. Recreational uses may be authorized under
a Miscellaneous Lease.
Provisions dealing with Formal Dispositions are contained in Part 3 of PLAR and all division numbers
identified are within Part 3.
The following descriptions are general categories of Formal Dispositions. These categories, while not
formally defined in regulation, are referred to in the Public Lands Act, and PLAR and but have been
historically used by the regulated bodies to describe categories of dispositions.
2.1.1 Lease
A lease is a legal contract issued under section 10 of PLAR that grants exclusive use of a
parcel of land or improvements to a client (formal disposition holder) for a specified
period of time. Typical term lengths include 5, 10, 20, and 25 years. Leases are renewable
and can also be reinstated, assigned, mortgaged and sublet with approval of the
department. All leases are formal dispositions under PLAR.
2.1.2 Licence
A Licence is a legal contract that grants the right to use the land but does not grant
exclusivity and is issued to the client (licensee) for a specified period of time. Typical
term lengths include 10 and 25 years, although longer terms may be permitted. The two
Licences which are also formal dispositions (LOC/DLO and FGLs) are issued under
section 10 of PLAR. All other Licences issued by the department are considered
“Authorizations”.
2.1.3 Agreement
An agreement is a legal contract between the Crown and the client that specifies certain
terms and conditions for the use of public lands. Agreements convey an interest in public
land, but not exclusive right of access, and the term of an agreement is often indefinite.
Under PLAR, easements (EZE, VCE, RVC), and pipeline agreements (PLA/DPL) are
agreements constituting formal dispositions and are issued under section 10.
2.1.4 Permit
A permit is a legal contract that grants the right to use the land for a specified activity for a short
period of time. A typical term length is one year, though permits are generally renewable.
Cultivation Permits, and Commercial Trail Riding Permits are formal dispositions issued under
section 10 of PLAR. All other permits are considered “Authorizations”
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2.1.5 Activities Authorized under other Enactments
This directive contains information only concerning authorized land use activities classified as a
disposition under the Public Lands Administration Regulation. Certain activities may be
authorized on public land under other enactments such as:
• Timber harvesting, temporary road construction and certain incidental activities
authorized under the Forests Act.
• Exploration activities (Geophysical and Metallic and Industrial Minerals Exploration)
conducted under the Mines and Minerals Act.
These above two examples are not an exhaustive list of activities authorized on public land under other
enactments. Activities such as those approved under other enactments are subject to the regulations and
policies governing those activities.
2.2 Allocation
Allocation is the method in which the regulatory body makes available vacant public land for specific
uses. A long-standing policy of the department has been to allocate public land according to the
principle of first in time-first in right, although among different formal dispositions the allocation
method varies. (See table 2.2). Notes are included below on the first in time- first in right principle as
defined directly below. Information on other allocation methods is not detailed in this directive.
• All land allocation decisions are at the discretion of the Minister, director or official of ESRD or
any agency or board as enabled under legislation to administer the Public Lands Act, who may
decide to allocate or not to allocate public land. Land allocation for dispositions is subject to, and
must adhere to all applicable Land Use Framework Regional Plans, Approved Government of
Alberta Integrated Resource Plans, and all applicable policy and regulation.
• The regulatory bodies make land allocation decisions for the highest and best use according to
above mentioned plans, and any applicable policy and regulation.
• In areas of public land where multiple uses are permitted, a certain type of use does not receive
priority over another type of use unless otherwise specified in an approved land use plan or
policy, or through the land reservation and notation system, or in cases where an existing resource
right has been allocated.
• A person has only secured priority in under the principle of first in time-first in right when that
person has submitted an application that has been deemed complete by the regulatory body. An
application which has been rejected by the regulatory body as incomplete does not secure any
priority.
• Typically dispositions are allocated on an as-required basis, meaning there is demonstrated need
or business case requiring the land use, or provincial policy supporting the expansion or
proliferation of the particular land use. (e.g. the extraction of mineral resources where mineral
tenure has been granted requires a surface lease, and may require an access road and pipeline;
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agricultural leases are generally permitted in suitable white area crown lands, etc.). An
application to allocate public land for speculative purposes may be refused.
Table 2.2 Allocation methods of Formal Dispositions
Disposition Type Allocation principle Comments
Commercial Trail Riding Permit First in time- First in Right Priority may be maintained in certain
areas for historical and traditional
users. Some CTR permits grant
exclusive rights to a trail riding area.
Cultivation Permit First in time- First in Right In certain cases, priority may be given
to a traditional land user.
Easement First in time- First in Right Need for major transmission
determined by Alberta Electric
System Operator (AESO). Need for
distribution determined by electricity
clients and distribution companies.
Farm Development Lease Competitive- Sealed tender, or
auction.
Process initiated by a Land
Disposition request on public land.
Grazing Lease Competitive- Sealed tender, or
auction.
Process initiated by a Land
Disposition request on public land
Grazing Licence Competitive- Sealed tender, or
auction.
Process initiated by a Land
Disposition request on public land
Licence of Occupation First in time- First in Right Applicant must demonstrate need for
LOC or DLO.
Mineral Surface Lease First in time- First in Right Applicant must be a mineral producer
with resource rights to apply for an
MSL or DMS.
Miscellaneous Lease First in time- First in Right Certain Tourism and Recreational
Leasing projects may be subject to a
competitive process.
Pipeline Agreement First in time- First in Right
Pipeline Installation Lease First in time- First in Right
Surface Materials Lease First in time- First in Right Leases over 80 acres are subject to a
competitive process. See “Alberta
Aggregate (Sand and Gravel)
Allocation Policy for Commercial Use
on Public Land.
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Table 2.2 Allocation methods of Formal Dispositions
Disposition Type Allocation principle Comments
Rural Electrification Association First in time- First in Right
Vegetation Control Easement First in time- First in Right
2.3 Tenure
Tenure is the bundle of rights conveyed to the disposition holder with respect to the public land for
which their disposition was issued. It includes the term length of the disposition, and the level of rights
conveyed to occupy, and the exclusivity of access to the land.
Certain formal dispositions convey a right to enter on and occupy public land, but do not convey an
exclusive right of occupation. Area that has been granted under these dispositions is considered “Vacant
Disposition Area” under PLAR, and by definition is also “Vacant Public Land”. Vacant Public Land
may be accessed by other users subject to application of legislation and policy. Table 2.3 summarizes
the tenure of each formal disposition type.
Table 2.3 Formal Disposition Tenure
Disposition
Type
Exclusivity Vacant
Public
Land
Term Length
Commercial
Trail Riding
Permit
No rights to exclusive access. May have
exclusive commercial trail riding rights.
Yes1 1 year maximum initially then 5
year maximum after 3 years of
satisfactory operation.
Cultivation
Permit
Exclusive rights to cultivate or crop an
area. Non-exclusive occupation.
Yes¹ Expires Dec 31 of year of issuance.
Easement Non-exclusive rights. Yes¹ Indefinite
Farm
Development
Lease
Exclusive cultivation and occupation
rights. Rights to restrict access subject to
the Recreational Access Regulation.
Compensation is owed to lessee for other
(industrial) uses on lease.
No 10 years maximum
Grazing Lease Exclusive grazing rights and occupation.
Rights to restrict access subject to the
Recreational Access Regulation.
Compensation is owed to lessee for other
(industrial) uses on lease.
No 10 years typical term (but may be
increased up to 20 years due to
tenure credits). In heritage
Rangelands, GRLs may be issued
for up to 30 years.
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Table 2.3 Formal Disposition Tenure
Disposition
Type
Exclusivity Vacant
Public
Land
Term Length
Grazing
Licence
Exclusive grazing rights, but non-
exclusive occupation rights.
No 10 Years
Licence of
Occupation
Non-exclusive rights. Rights to
compensation from other
industrial/commercial users that use road.
Yes1,2
Variable: 10, 20 and 25 years are
typical terms.
Mineral Surface
Lease
Exclusive occupation rights. No 25 years maximum (25 years is also
typical term)
Miscellaneous
Lease
Exclusive occupation rights. No 25 years maximum (typical term
varies depending on disposition
purpose)
Pipeline
Agreement
Non-exclusive rights. Yes¹ Indefinite
Pipeline
Installation
Lease
Exclusive occupation rights. No 25 years maximum (25 years is also
typical term)
Surface
Materials Lease
Exclusive occupation rights. No 25 years maximum
Rural
Electrification
Association
Non-exclusive rights. Yes¹ Indefinite
Vegetation
Control
Easement
Non-exclusive rights. Yes¹ Indefinite
Notes:
1. Only when no development is occurring or is likely to occur within 90 days
2. Unless the LOC or DLO is a closed road under meaning 54.01 of the PLA
2.4 Fees and Charges
Table 2.4 provides a brief description of the fees and charges that are applicable to formal dispositions
as per section 9(1) of PLAR. The specific amounts of certain fees by disposition type, purpose and
activity can be located in PLAR Table A1 and A2, and PLAR Table B- PLAR Administrative Fees.
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Table 2.4 Formal Dispositions Fees and Charges
Fee or Charge Notes
Application
Fee
An application fee is non-refundable. If an application is rejected for being incomplete, then
a new application must be made, and a new application fee submitted. Fee does not apply to
PLAR dispositions administered by the AER. (See PLAR Table B)
Mapping Fee This amount is paid to map the submitted plan of the disposition application area. A
mapping fee is non-refundable. If a plan is rejected for being incomplete, then a new plan
must be submitted with a new mapping fee. Fee does not apply to PLAR dispositions
administered by the AER. (See PLAR Table B)
Amendment
Application
Fee
This amount is to be paid when an amendment is submitted to an existing disposition. This
fee is non-refundable. Fee does not apply to PLAR dispositions administered by the AER.
(See PLAR Table B)
Amendment to
an application
Fee
This amount is to be paid when an amendment to an application is made. This fee is non-
refundable. Fee does not apply to PLAR dispositions administered by the AER. (See
PLAR Table B)
Amendment
plan/renewal
plan mapping
fee
This amount must be paid to map a submitted amended plan (or renewal plan). This fee is
non-refundable. Fee does not apply to PLAR dispositions administered by the AER. (See
PLAR Table B)
Land Use
Charges
Land Use charges are the rental fees for public land. Typically they are charged annually,
however some charges are a lump sum. For some formal dispositions a land use charge is
not applied and instead a “permit fee” is all that is charged. Land Use Charges are typically
based on the area of land utilized but in certain cases (such as grazing lease) the rental is
calculated using a formula related to resource use. (See PLAR Table A1 and A2)
Royalties Royalties are charges for some types of dispositions where a resource is removed (e.g.
Surface Material dispositions) (See PLAR Table A1 and A2)
Timber
Damage
Assessment
(TDA)
The timber damage assessment (TDA) is applied in forested areas (green area of the
province only) to compensate Forest Management Agreement (FMA) holders, and the
Crown for lost resource revenue as a result of loss of a timber resource and productive
timber growing landbase. This figure is based off an adjusted calculation per hectare, and
varies over different areas of the province. (See PLAR Table A1 and A2)
Trapper’s
Compensation
Program levy
The trappers’ compensation program levy applies to the following formal dispositions:
MSL, DMS, LOC, DLO, PLA, DPL, PIL, EZE, VCE, RVC, and REA. (Refer to
disposition documents)
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Table 2.4 Formal Dispositions Fees and Charges
Fee or Charge Notes
Security Security is not a fee or a charge, but is a deposit paid and kept in trust to ensure
performance of certain disposition obligations and most particularly reclamation
requirements. Security is typically applied during disposition issuance, but may also be
collected through the approval process under the Environmental Protection and
Enhancement Act (EPEA). (See PLAR Table A1 and A2)
Reclamation
Certificate
Application
Fee
This fee applies to any application for reclamation certificate under the Environmental
Protection and Enhancement Act (EPEA). A reclamation certificate is required for specified
land. There is no charge for an application for Letter of Clearance under the Public Lands
Act for dispositions that are not specified land. Fee does not apply to PLAR dispositions
administered by the AER. (See PLAR Table B)
Other Fees Other fees apply for the following disposition administration activities:
Assignment fees for changes in disposition holders
Consolidation of two or more leases
Reinstatement of a disposition
Registration of a conditional surrender of a disposition
Certification for any document as a true copy
(See PLAR Table B)
Note: other fees may apply for administration activities not explicitly detailed here.
“Other Fees” do not apply to PLAR dispositions administered by the AER.
________________________________________________________________________
Important Note for Table 2.4: There are no administrative fees for PLAR dispositions issued by the
AER and costs are recuperated through the AER’s Administrative Levy. See table PLAR Table B-
Administrative Fees for further information.
_________________________________________________________________________
2.5 General Application Requirements
Under PLAR, an application for a Formal Disposition must contain the minimum general requirements
as specified in Sec. 9(1). The requirements and applicable comments are summarized in table 2.5
below. Refer to the Regulation for exact wording.
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Table 2.5 General Application Requirements
Section Applies to
Formal
Disposition
Types:
Notes
9(1)a Form
acceptable to
Director
All Formal dispositions will have different application forms as specified by
departmental standards. Some applications will be accepted only through
digital formats. See PLAR Table A1 and A2: PLAR Dispositions for
general information on application format by activity code. Specific
information is available within other application related guidance
documents.
For most formal dispositions the procedural aspects of First Nations
Consultation will also be delegated to the applicant. In these cases the
applicant will require a “decision of adequacy” of the proponent-led
procedural aspects of consultation.
9(1)b Acceptable
Land Description
All The acceptable land description is a written description, a sketch, survey
or GPS location plan as specified by departmental standards. See the
Alberta Government Disposition Plan Types/Formats document for
information on specific plan requirements by activity code.
9(1)c All
Applicable Fees
All As specified in section 2.4 of this directive.
Note: There are no administrative fees for PLAR dispositions issued by
the AER and costs are recuperated through the AER’s Administrative
Levy
9(1)d Occupation
limitation
statement
Ancillary
Facilities
(DML)
Ancillary facilities are authorized for private occupation and structures in
conjunction with other land use dispositions (e.g. grazing lease) or
resource use tenures (e.g. registered fur management areas). (See section 5
of PLAR for further information.)
9(1)e Statement
of Consent if
Occupied
All A statement of consent is required if the lands applied for are already
occupied with a public lands or a timber disposition. Timber dispositions
are defined in the Forests Act and include Forest Management
Agreements, Timber Licences, and Timber Permits.
9(1)f Declaration
of compliance
with Disturbance
Limits
All This requirement is only applicable when disturbance limits have been
approved and are posted. Until the time such as applicable disturbance
limits are adopted by ESRD, a declaration of compliance is not required.
9(1)g Part 3
documentation
(specific
disposition type
requirements)
See Part 3
of PLAR
for specifics
Certain disposition types require additional information for the department
to make an informed land management decision on disposition issuance.
Specific application guidance documents (such as the EAP program
manual) outline the additional requirements by specific disposition types.
Wherever possible these additional requirements are included with the
application forms for each specific disposition type.
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2.6 Purpose & Activity Codes
PLAR Table A1: ESRD PLAR Dispositions and PLAR Table A2: AER PLAR Dispositions outlines all
the permissible purpose and activity codes for which ESRD and AER authorizes the entry and
occupation of public land. Each disposition will have a disposition type code, and may have a purpose
and activity code.
Disposition type codes are considered static and will generally only be changed or updated associated
with changes to legislation. Purpose and Activity codes may be updated periodically by the department
as the need arises to recognize new legitimate uses of public lands. Updates to the purpose and activity
code listing (Tables A1 and A2) will be considered annually as per departmental procedures.
2.7 Approvals
An approval is a disposition under PLAR that grants the disposition holder the permission or consent of
the Minister, a director or an officer or a delegated agency or board to carry out a certain activity. The
activity is one where permission or consent from the department is required under the Act, the
regulations or the conditions of a formal disposition or authorization.
Approvals are issued pursuant to either a formal disposition or an authorization and are never a stand
alone disposition. The term of approvals cannot exceed the term of the formal disposition or
authorization (except reclamation approvals), and in most cases the term expires sooner as identified by
the issuing regulatory body. In any event, Approvals are cancelled automatically when the subsisting
formal disposition or authorization is cancelled. Approvals are subject to the terms and conditions of the
related formal disposition or authorization and any additional conditions as otherwise stated by the
regulatory body.
Approvals are issued under section 14 of PLAR, and there are two types as follows:
1. Administrative Approvals- Consist of mortgages, assignments, transfers, and sub-leasing.
2. Operational Approvals- Are issued in order to:
• Conduct activities connected, or incidental to the formal disposition or authorization
• Approve a required submission as conditioned within a disposition
• Waive or alter certain requirements of the formal disposition or authorization.
The PLAR Operational Approval and Authorizations Manual identify which specific operational
approvals apply for certain dispositions.
PLAR Formal Dispositions Directive:
ESRD, Public Land Management, 2014, No. 1
Apr 7, 2014 PLAR Formal Dispositions Directive
© 2014 Government of Alberta Page 15 of 15
Table 2.7 Permissible Approvals under PLAR for Formal Dispositions:
Disposition Type Administrative Approvals Operational
Approvals
Mortgage Assignment Transfer Sub-Lease
Commercial Trail Riding
Permit
Yes Yes Yes No Yes
Cultivation Permit No No No No Yes
Easement Yes Yes Yes No Yes
Farm Development Lease Yes Yes Yes Yes Yes
Grazing Lease Yes Yes¹ Yes Yes Yes
Grazing Licence Yes Yes Yes No Yes
Licence of Occupation Yes Yes Yes No Yes
Mineral Surface Lease Yes Yes Yes Yes Yes
Miscellaneous Lease Yes Yes Yes Yes Yes
Pipeline Agreement Yes Yes Yes No Yes
Pipeline Installation
Lease
Yes Yes Yes Yes Yes
Surface Materials Lease Yes Yes Yes Yes Yes
Rural Electrification
Association
Yes Yes Yes No Yes
Vegetation Control
Easement
Yes Yes Yes No Yes
1 Special limitations apply to assignment of grazing leases (sec. 156
PLAR)
See PLAR Approvals Directive: ESRD, Public Land Management, 2014, No.3 for further information on
approvals.
PLAR Formal Dispositions Directive:
ESRD, Public Land Management, 2014, No. 1
Apr 7, 2014 PLAR Formal Dispositions Directive
© 2014 Government of Alberta Page 16 of 16
3. Glossary
• AER: Alberta Energy Regulator
• Applicant: A party who’s interest has been registered by way of an application to a regulatory body
according to the records of the issuing regulatory body.
• Administrative Approval: A class of approvals under Part 4 of PLAR consisting of Mortgages,
Assignments, Transfers and Sub-leasing.
• Approval: A disposition under PLAR that grants the disposition holder the permission or consent of
a regulatory body to carry out a certain activity requiring approval. Approvals may be either
Administrative approvals or Operational Approvals. See PLAR 1(1)(e) for further definition.
• Authorization: A disposition issued for short term access of vacant public land under section 20(1)
(a), (b) or (e) of the Public Lands Act allowing a person to enter and occupy public land for a
specified purpose. See PLAR 1(1)(f) for further definition.
• Delegated Authority: Any person, agency or board that has been delegated power, duty or function
by the minister under any Act or regulation.
• Deficiencies: A characteristic or condition of an application package that fails to meet a technical or
administrative standard, requirement, or specification.
• Directive: Mandatory operational policy to be followed in carrying out a given operation or in a
given situation. Provides a greater level of detail and context to legislated requirements.
• Directive Approver: Person responsible for approving a directive
• Directive Owner: Position/section/branch responsible for updates to a directive.
• Directive Users: Those individuals or organizations responsible for taking actions within the
directive.
• Disposition: The authority granted by a regulatory body pursuant to the Public Lands Act to use
public land for specific purposes and activities.
• Disposition Number: An official identifier that a regulatory body assigns to a disposition that tracks
decisions throughout the disposition lifecycle.
• DOA (Disposition Operational Approval): An approval issues under PLAR to conduct activities
related to a formal disposition or authorization where the consent or permission is required from a
regulatory body, and which does not include administrative approvals under Part 4 of PLAR.
• ESRD: Environment and Sustainable Resource Development
• Formal Disposition: A disposition issued under the Public Lands act granting varying rights and
responsibilities to use public land for certain purposes and activities. See PLAR 1(1)(o) for further
information.
• PLAR: Public Lands Administration Regulation
• Regulatory body: The department, agency or board authorized through legislation to administer the
Public Lands Act and associated regulations. As of the effective date of this directive the term
“Regulatory Body” applies to Environment and Sustainable Resource Development (ESRD), and the
Alberta Energy Regulator (AER).
PLAR Formal Dispositions Directive:
ESRD, Public Land Management, 2014, No. 1
Apr 7, 2014 PLAR Formal Dispositions Directive
© 2014 Government of Alberta Page 17 of 17
4. References
To learn more about the legislation that applies to this procedure, visit the Government of Alberta
Queen’s Printer website at qp.alberta.ca and search for the following:
Public Lands Act
o Public Lands Administration Regulation
Responsible Energy Development Act
o Specified Enactments (Jurisdiction) Regulation
o General Amendment Regulation
You may also be interested in reading supporting documents:
Public Lands Administration Information Series (Part 1): Handbook of Instruments Pursuant to
Public Lands Act & Public Lands Administration Regulation (PLAR)
Enhanced Approvals Process Manual
Integrated Standards and Guidelines
Guidelines for Acquiring Surface Material Dispositions on Public Land
Alberta Tourism and Recreation Leasing Process
The following documents are referenced within this directive:
PLAR Authorizations Directive: ESRD, Public Land Management, 2014, No. 2
PLAR Approvals Directive: ESRD, Public Land Management, 2014, No. 3
PLAR Operational Approvals and Authorizations Administrative Procedures: ESRD, Public Land
Management, 2014, No. 6
PLAR Table A1: ESRD PLAR Dispositions
PLAR Table A2: AER PLAR Dispositions
PLAR Table B: Public Lands Administrative Fees
PLAR Table C: PLAR TFAs and DOAs
Disposition Plan Types/Formats
5. Approvals
Original signed by: Date:
Kem Singh, Executive Director
Land and Forestry Policy Branch
Environment and Sustainable Resource Development