1. Introduction. PLAR Formal Dispositions Directive. 1.1 Purpose

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1 Title: Number: Program Name: ESRD, Public Land Management, 2014, No.1 Public Land Management Effective Date: January 30, 2014 This document was updated on: 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 s 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 s under PLAR. The following Policy and Procedures as related to Formal s are included in this directive: Types Allocation Tenure Fees & Charges General Application Requirements Activity and Purpose Codes Approvals associated with Formal s 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 2. Authorization 3. Approval Page 1 of 1

2 : 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 s. 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 Page 2 of 2

3 2. Policy- PLAR Formal s : A Formal issued under PLAR has three unique code identifiers. These codes are used to apply for and issue a Formal 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. 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 s, and A2: AER PLAR s 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 Types The following table 2.1 lists all the formal dispositions issued under PLAR, and the corresponding official 3 digit identifier: Page 3 of 3

4 Table 2.1 Formal s under PLAR Type Definition : Three Digit Identifier Formally Defined in PLAR? PLAR Division Regulatory Body Commercial Trail Riding Permit Cultivation Permit Easement Farm Development Grazing Grazing Licence Licence of Occupation A formal disposition issued to authorize the use of land for commercial horseback riding trips of varying duration. 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. 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. 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. 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. 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. 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.) CTR Yes Div. 8 ESRD CUP Yes Div. 3 ESRD EZE Yes Div. 9 ESRD FDL Yes Div. 3 ESRD GRL Yes Div. 1 ESRD FGL Yes Div. 1 ESRD DLO Yes Div. 4 ESRD LOC AER Page 4 of 4

5 Table 2.1 Formal s under PLAR Type Definition : Three Digit Identifier Formally Defined in PLAR? PLAR Division Regulatory Body Mineral Surface Miscellaneous Pipeline Agreement Pipeline Installation Surface Materials Rural Electrification Association Vegetation Control Easement 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. 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 type cannot be applied. A formal disposition that is a right-ofway agreement issued for the installation and maintenance of a pipeline. 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. 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. 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. 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. DMS MSL DML MLL DPL PLA Yes Div. 5 ESRD AER Yes Div. 9 ESRD AER Yes Div. 7 ESRD AER PIL Yes Div. 7 AER SML Yes Div. 6 ESRD REA VCE RVC Special Type of Easement (EZE) Special Type of Easement (EZE) Div. 9 Div. 9 ESRD ESRD AER Page 5 of 5

6 Table 2.1 Formal s under PLAR Type Definition : Three Digit Identifier 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. Provisions dealing with Formal s are contained in Part 3 of PLAR and all division numbers identified are within Part 3. The following descriptions are general categories of Formal s. 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 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. s are renewable and can also be reinstated, assigned, mortgaged and sublet with approval of the department. All leases are formal dispositions under PLAR 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 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 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 Page 6 of 6

7 : 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; Page 7 of 7

8 : 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 s 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 Grazing Grazing Licence Competitive- Sealed tender, or auction. Competitive- Sealed tender, or auction. Competitive- Sealed tender, or auction. Process initiated by a Land request on public land. Process initiated by a Land request on public land Process initiated by a Land request on public land Licence of Occupation First in time- First in Right Applicant must demonstrate need for LOC or DLO. Mineral Surface First in time- First in Right Applicant must be a mineral producer with resource rights to apply for an MSL or DMS. Miscellaneous First in time- First in Right Certain Tourism and Recreational Leasing projects may be subject to a competitive process. Pipeline Agreement Pipeline Installation First in time- First in Right First in time- First in Right Surface Materials First in time- First in Right s over 80 acres are subject to a competitive process. See Alberta Aggregate (Sand and Gravel) Allocation Policy for Commercial Use on Public Land. Page 8 of 8

9 Table 2.2 Allocation methods of Formal s : Type Allocation principle Comments Rural Electrification Association Vegetation Control Easement First in time- First in Right 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 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 Tenure Type Exclusivity Vacant Public Land Term Length Commercial Trail Riding Permit No rights to exclusive access. May have exclusive commercial trail riding rights. Yes 1 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 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 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. Page 9 of 9

10 Table 2.3 Formal Tenure : Type Exclusivity Vacant Public Land Term Length Grazing Licence Exclusive grazing rights, but nonexclusive occupation rights. No 10 Years Licence of Occupation Non-exclusive rights. Rights to compensation from other industrial/commercial users that use road. Yes 1,2 Variable: 10, 20 and 25 years are typical terms. Mineral Surface Miscellaneous Pipeline Agreement Pipeline Installation Surface Materials Rural Electrification Association Vegetation Control Easement Exclusive occupation rights. No 25 years maximum (25 years is also typical term) Exclusive occupation rights. No 25 years maximum (typical term varies depending on disposition purpose) Non-exclusive rights. Yes¹ Indefinite Exclusive occupation rights. No 25 years maximum (25 years is also typical term) Exclusive occupation rights. No 25 years maximum Non-exclusive rights. Yes¹ Indefinite 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 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. Page 10 of 10

11 Table 2.4 Formal s Fees and Charges Fee or Charge : Notes Application Fee Mapping Fee Amendment Application Fee Amendment to an application Fee Amendment plan/renewal plan mapping fee Land Use Charges Royalties Timber Damage Assessment (TDA) Trapper s Compensation Program levy 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) 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) 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) This amount is to be paid when an amendment to an application is made. This fee is nonrefundable. Fee does not apply to PLAR dispositions administered by the AER. (See PLAR Table B) 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 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 are charges for some types of dispositions where a resource is removed (e.g. Surface Material dispositions) (See PLAR Table A1 and A2) 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) 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) Page 11 of 11

12 Table 2.4 Formal s Fees and Charges Fee or Charge : Notes Security Reclamation Certificate Application Fee Other Fees 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) 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 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 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. Page 12 of 12

13 Table 2.5 General Application Requirements : Section 9(1)a Form acceptable to Director 9(1)b Acceptable Land Description 9(1)c All Applicable Fees 9(1)d Occupation limitation statement 9(1)e Statement of Consent if Occupied 9(1)f Declaration of compliance with Disturbance Limits 9(1)g Part 3 documentation (specific disposition type requirements) Applies to Formal Types: All All All Ancillary Facilities (DML) All All See Part 3 of PLAR for specifics Notes 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 s 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. The acceptable land description is a written description, a sketch, survey or GPS location plan as specified by departmental standards. See the Alberta Government Plan Types/Formats document for information on specific plan requirements by activity code. 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 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.) 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. 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. 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. Page 13 of 13

14 : 2.6 Purpose & Activity Codes PLAR Table A1: ESRD PLAR s and PLAR Table A2: AER PLAR s 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. 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. Page 14 of 14

15 Table 2.7 Permissible Approvals under PLAR for Formal s: : Type Administrative Approvals Operational Approvals Mortgage Assignment Transfer Sub- Commercial Trail Riding Permit Yes Yes Yes No Yes Cultivation Permit No No No No Yes Easement Yes Yes Yes No Yes Farm Development Yes Yes Yes Yes Yes Grazing Yes Yes¹ Yes Yes Yes Grazing Licence Yes Yes Yes No Yes Licence of Occupation Yes Yes Yes No Yes Mineral Surface Yes Yes Yes Yes Yes Miscellaneous Yes Yes Yes Yes Yes Pipeline Agreement Yes Yes Yes No Yes Pipeline Installation Yes Yes Yes Yes Yes Surface Materials Yes Yes Yes Yes Yes Rural Electrification Association Vegetation Control Easement Yes Yes Yes No Yes 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. Page 15 of 15

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. : The authority granted by a regulatory body pursuant to the Public Lands Act to use public land for specific purposes and activities. Number: An official identifier that a regulatory body assigns to a disposition that tracks decisions throughout the disposition lifecycle. DOA ( 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 : 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). Page 16 of 16

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 s 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 s PLAR Table A2: AER PLAR s PLAR Table B: Public Lands Administrative Fees PLAR Table C: PLAR TFAs and DOAs Plan Types/Formats 5. Approvals Original signed by: Date: Kem Singh, Executive Director Land and Forestry Policy Branch Environment and Sustainable Resource Development Page 17 of 17