Yukon Surface Rights Board Act — Y-4.3 1
1 The rights subject to the consent of the Yukon first nation concerned are the following: (a) the right of any person to use a waterfront right-of-way on settlement land for commercial recreational purposes; (b) the right of any person, other than a person having a right described in paragraph 2(1)(b), to enter, cross and make necessary stops on undeveloped settlement land in order to reach adjacent land for commercial or non-commercial purposes; (c) the right of a Government or its agents or contractors to enter, cross and stay on undeveloped settlement land for a period of more than one hundred and twenty consecutive days, and to use natural resources incidental to that access, in order to deliver, manage or maintain Government programs or projects, including, without limiting the generality of the foregoing, the right to make necessary alterations of land or watercourses by earthmoving equipment for routine or emergency maintenance of transportation corridors; (d) the right of any person authorized by law to provide utilities for public purposes, including electricity, telecommunications and municipal services, to enter, cross and stay on undeveloped settlement land for a period of more than one hundred and twenty consecutive days in order to carry out site investigations, assessments, surveys and studies in relation to proposed services; (e) the right of the Department of National Defence to conduct military manoeuvres on undeveloped settlement land; (f) the right of any person (i) having a right, under and in accordance with laws of general application, to use water incidental to the exercise of a right or interest of that person in settlement land, or (ii) holding a licence under the Yukon Waters Act or the Dominion Water Power Act for water on or flowing through settlement land, which licence existed when the land became settlement land, to use that settlement land in order to exercise that right or licence; (g) the right of the holder of a commercial timber permit or a timber harvesting agreement to cross and make necessary stops on settlement land in order to reach adjacent land or to reach settlement land subject to that permit or agreement; (h) the right of any person having an existing mineral right on settlement land, other than a person having a right described in paragraph 2(1)(g), to cross and make necessary stops on settlement land for the purpose of exercising that existing mineral right; (i) the right of any person having an existing mineral right on non-settlement land, other than a person having a right described in paragraph 2(1)(g), to cross and make necessary stops on settlement land for the purpose of exercising that existing mineral right; (j) the right of any person having a new mineral right on category B settlement land or fee simple settlement land, other than a person having a right described in paragraph 2(1)(h) or (i), to use, cross and make necessary stops on settlement land for the purpose of exercising that new mineral right; (k) the right of any person having a new mineral right on non-settlement land, other than a person having a right described in paragraph 2(1)(h), to cross and make necessary stops on settlement land for the purpose of exercising that new mineral right; and (l) the right of a Government, in relation to a right-of-way on a parcel of settlement land that is identified in Appendix A to a final agreement as a right-of-way to which a Specified Access Right applies, to significantly alter that parcel of settlement land for the purpose of maintaining the right-of-way.