Bill 4 — First Session, 25Th Legislature, 50 Elizabeth Ii the Legislative Assembly of Alberta Bill 4 Surface Rights Amendment Act, 2001 (Legislature 25, Session 1)

L25 S1 97

Alberta — Bills

2001 BILL 4 First Session, 25th Legislature, 50 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 4 SURFACE RIGHTS AMENDMENT ACT, 2001 THE MINISTER OF SUSTAINABLE RESOURCE DEVELOPMENT First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 2001 (25th, 1st) Bill 4, Surface Rights Amendment Act, 2001

Bill 4 BILL 4 2001 SURFACE RIGHTS AMENDMENT ACT, 2001 (Assented to , 2001) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 1983 cS-27.1 1 The Surface Rights Act is amended by this Act. 2

Section 33(2) is amended (

a) by striking out “and” at the end of clause (a); (

b) in clause (

b) by adding “in the case of an application made before July 1, 2001,” before “the amount”; (

c) by adding “and” at the end of clause (

b) and by adding the following after clause (b): (

c) in the case of an application made on or after July 1, 2001, notwithstanding that the damage in respect of which the application is made may have arisen before, on or after July 1, 2001, the amount claimed by the owner or occupant does not exceed $25 000. 1

Explanatory Notes 1 Amends

chapter S-27.1 of the Statutes of Alberta, 1983. 2

Section 33 presently reads: 33(1) Subject to subsections (2) to (4), the Board may hold a hearing and make an order with respect to a dispute between the operator and an owner or occupant who are parties to a surface lease or the operator and an owner or occupant under a right of entry order as to the amount of compensation payable by the operator (

a) for damage caused by or arising out of the operations of the operator to any land of the owner or occupant other than the area granted to the operator, (

b) for any loss or damage to livestock or other personal property of the owner or occupant arising out of the operations of the operator whether or not the land on which the loss or damage occurred is subject to the surface lease or right of entry order, or (

c) for time spent or expense incurred by an owner or occupant in recovering any of his livestock that have strayed due to

an act or omission of the operator whether or not the act or omission occurred on the land that is subject to the surface lease or right of entry order.

(2) The Board has jurisdiction to hear and determine a dispute under this

section only if 1 Explanatory Notes

(

a) the application is made in writing to the Board by a party to the dispute within 2 years of the last date on which damage is alleged to have occurred, and (

b) the amount of compensation claimed by the owner or occupant does not exceed $5000.

(3) This

section does not apply to a claim for compensation the amount of which may be determined by the Board under

section 25.

(4) An order under this

section may be appealed by the operator or the owner or occupant as though the order were a compensation order under

section 23. Title: 2001 (25th, 1st) Bill 4, Surface Rights Amendment Act, 2001 2 Explanatory Notes

Document details

Collection	Alberta — Bills
Citation	L25 S1 97
Type	bill
Volume / chapter	L25 S1 97
Language	en
Format	json
Source	PROVINCIAL
Identifier	5b777158116280332d2e28a0f40c94b31e4b91d0

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