Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 1
ction shall, subject to subparagraph (6) hereof, conclude agreements providing rights of entry, occupation or use to the Reserve to such person so licensed by the Province. (6) Any dispute between Canada in its own right or on behalf of the Band or any person required by subparagraph (5) hereof to grant rights of entry, occupation or use of the Reserve and a person licensed by the Province to explore for, develop or produce Petroleum or Natural Gas within the Reserve, respecting the terms and conditions of entry, occupation or use of the Reserve for the purpose of exploring for, developing, producing or storing Petroleum or Natural Gas or any purpose connected therewith or incidental thereto, or the amount of rent or compensation for such entry, occupation and use of the Reserve shall be referred to arbitration in accordance with subparagraph (7) hereof. The Province as owner of all Petroleum and Natural Gas underlying the Reserve shall be entitled to refer any disputes to arbitration and the provisions of subparagraph (7) hereof shall apply, mutatis mutandis , to such referral. (7) Either party may refer a dispute to arbitration pursuant to subparagraph (6) hereof by giving the other party written notice of its intention to do so. Within 30 days of the service of such notice, each party shall appoint one arbitrator and the two arbitrators so appointed shall, within 45 days of the service of such notice, appoint a mutually acceptable arbitrator as Chairman. The three arbitrators so appointed shall arbitrate the dispute submitted. (8) In determining disputes submitted to arbitration pursuant to subparagraph (6) hereof the arbitrator may consider: (a) the compulsory aspect of the entry, occupation, or use; (b) the value of the Reserve and the loss by Canada or the Band of any right or use or profit; (c) the temporary and permanent damage resulting from the entry, occupation, or use; (d) compensation for severance; (e) compensation for nuisance and disturbance resulting from the entry, occupation, or use; (f) any amount previously paid to Canada or the Band in respect of the entry, occupation or use; (g) alternative means of entry, occupation, or use; (h) alternative means of exploration, development or production; (i) environmental impact of exploration, development or production; (j) existing or proposed zoning of Reserve lands and existing or proposed land-use laws or by-laws of Canada or the Band; (k) the effect of exploration, development or production on existing or proposed economic or social development programs of Canada or the Band; (l) such other factors as the arbitrator deems applicable. (9) The procedure for the conduct of the arbitration shall be determined solely by the arbitrator. (10) The decision of the arbitrator shall be final and binding on the parties. 10 RELEASE In consideration of this Agreement, and in particular the agreement of the Province to share equally with Canada for the use and benefit of the Band the net profit, gross revenue, royalties or any like proceeds from the disposition of the Subject Minerals as herein provided, Canada in its own right and on behalf of the Band releases any and all claims to any right, title or interest whatsoever which Canada or the Band ever had, now has, or hereafter can, shall, or may have to the Subject Minerals or any moneys arising from the exploration, development, production, leasing or in any way disposing of or dealing with the Subject Minerals. 11 CHANGE OF CIRCUMSTANCES AND IMPOSSIBILITY OF PERFORMANCE (1) In the event that any provision of this Agreement becomes impossible of performance or is otherwise frustrated and Canada and the Province are thereby discharged from further performance of it, the said parties mutually agree that the remainder of the Agreement shall remain in full force and effect and be binding upon the said parties, and that the said provision shall be renegotiated upon such terms and conditions as may be mutually agreed upon, and tha