Surface Land Owners Sales Requests for Sub-Surface Parcels

Year
2008
Number
B40
Sponsor(s)
Hudsons Hope

WHEREAS UBCM resolution 2007-B46 called on the provincial government to notify and provide surface land owners the opportunity to comment at the time of the provincial governments receipt of an industry request for sub-surface parcels to be posted for sale, but the provincial Pilot Surface Owner Notification Project notifies surface land owners only after the government has decided to post relevant sub-surface parcels for sale, and information about surface land owners activities and concerns is made available only after the sale, to the successful bidder; AND WHEREAS the notification and opportunity for surface land owners to comment on industry requests to post sub-surface parcels for sale would allow surface land owners to provide prospective bidders with information about current surface activities that might affect access to sub-surface resources, and early exchange of such information would support improved relations between surface land owners and industry: THEREFORE BE IT RESOLVED that the Province amend the Pilot Surface Owner Notification Project to notify and provide surface land owners the opportunity to comment at the time of an industry request for sub-surface parcels to be posted for sale, in order to facilitate early exchange of information and allow surface owners to inform prospective sub-surface bidders of surface activities that might affect access to sub-surface resources.

Provincial Response

Ministry of Energy, Mines and Petroleum Resource At the time industry requests the sale of petroleum and natural gas tenure for a large land parcel usually private and Crown land, it is premature to consult registered surface landowners on site specific issues. There are several potential outcomes from the sale of petroleum and natural gas tenure, including delayed or no development activity. In other words, the auction of petroleum and natural gas tenure may or may not affect surface landowners. The tenure may not receive an acceptable bid. If it does, acquiring petroleum and natural gas tenure is a preliminary step in the oil and gas development process. Industry must then apply to the B.C. Oil and Gas Commission - demonstrating how they have addressed any tenure caveats, consulted with affected stakeholders, and met regulations that govern oil and gas development. Prior to the sale of petroleum and natural gas tenure, a referral process solicits local and regional planning knowledge on a large land parcel, including input from local municipalities and First Nations. Based on the feedback received, specific tenure caveats may be placed on the land parcel. Where local governments and First Nations need more time to assess potential issues, the Ministry may grant a temporary deferral, or delay, in posting the parcel. Ministry staff also reviews each proposed land parcel for conflict with existing land uses based on a review of cultural, biophysical and planning data stored in the Integrated Land Management Bureaus Land and Resource Data Warehouse. Prior to oil and gas development on private property, registered surface landowners have the opportunity to provide feedback on site specific issues when negotiating a surface lease agreement with industry. In addition, a registered landowner, as part of the Landowner Notification program, can submit a checklist to identify any special property features and land use activities. The Ministry forwards the checklist to industry as a tool to aid in planning for exploration activity. Through the above processes and programs, the Ministry strives to ensure that surface landowners, local governments and First Nations have significant input that helps to guide oil and gas development, thereby, advancing effective working relations between stakeholders and industry.

Convention Decision
Endorsed