Bill 242 — Second Session, 19Th Legislature, 29 Elizabeth Ii the Legislative Assembly of Alberta Bill 242 An Act To Amend the Surface Rights Act (Legislature 19, Session 2)

L19 S2 4173

Alberta — Bills

1980 BILL 242 Second Session, 19th Legislature, 29 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 242

AN ACT TO AMEND THE SURFACE RIGHTS ACT MR. R. SPEAKER First Reading Second Reading Committee of the Whole Third Reading Royal Assent Printed by the Queen ’s Printer for the Province of Alberta. EDMONTON Title: 1980 (19th, 2nd) Bill 242,

An Act to Amend the Surface Rights Act

Bill 242 Mr. R. Speaker BILL 242 1980

AN ACT TO AMEND THE SURFACE RIGHTS ACT (Assented to , 1980) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Surface Rights Act is amended by this Act. 2

Section 15(1) is repealed and the following is substituted:

(1) Where the surface of any land required by an operator for any of the purposes mentioned in this Act is owned by the Crown or any other person, the operator shall cause to be served on the owner of the land and on the occupier of the land if the land is not occupied by the owner, by personal service or by double registered mail, (

a) a proposal for an agreement for the acquisition of such rights as the operator requires, (

b) the name and address of the person to whom the response to the offer should be sent, (

c) a notice in the following form: NOTICE THE SURFACE RIGHTS ACT The Surface Rights Act provides that where an operator wishes to acquire surface rights he shall make a bona fide attempt to reach agreement with the owner of the surface and if no agreement can be reached the operator may make an application to the Surface Rights Board for a right of entry in respect to the surface of the land as may be necessary for the efficient and economical performance of his operations. and 1

Explanatory Notes 1 This Bill will amend

chapter 91 of the Statutes of Alberta, 1972 2 Replaces

section 15(1) to provide a process to ensure that some attempt is made to reach agreement prior to applying to the Board 1

(

d) a copy of

section 15 of this Act.

(1.1) During the 15 day period following the service of docu ments provided for in subsection (1), the operator shall attempt in good faith to reach an agreement with the owner of the land.

(1.2) Where the operator has, after following the procedure pre scribed in subsections (1) and (1.1), been unable to reach an agreement with the owner of the land, the operator may, no sooner than 15 days after the service of the documents provided for in subsection (1), apply to the Board for a right of entry in respect of the surface of such land as may be necessary for the efficient and economical performance of his operations. 3 This Act comes into force on the day upon which it is assented to. 2 Title: 1980 (19th, 2nd) Bill 242,

An Act Amend the Surface Rights Act

Document details

Collection	Alberta — Bills
Citation	L19 S2 4173
Type	bill
Volume / chapter	L19 S2 4173
Language	en
Format	json
Source	PROVINCIAL
Identifier	c01cc664ec4df8740744789e2ad2930fb84e37cb

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