Indian Oil and Gas Regulations — 29
Preliminary negotiation 29 (1) Before applying for an exploration licence, an applicant and the council must agree on the location of the proposed seismic lines and on the seismic rates, if those rates have not already been fixed in a related subsurface contract. Application for exploration licence (2) The application must be submitted to the Minister in the prescribed form and include (a) the terms and conditions negotiated with the council; (b) if the approval of the provincial authority is required to carry out exploration work, a statement that the approval has been received; (c) a description of the proposed exploration program, including the licence area, the exploration work to be carried out, the equipment to be used, the name of the geophysical contractor to be engaged and the anticipated duration of the work; (d) the results of an environmental review of the proposed exploration program that has been conducted by a qualified environmental professional who deals with the applicant at arm’s length; and (e) the exploration licence application fee set out in Schedule 1. Environmental review (3) The results of the environmental review must be submitted in the prescribed form and include (a) a site evaluation that is based on the site’s topography, soils, vegetation, wildlife, sources of water, existing structures, archeological and cultural resources, traditional ecological knowledge, current land uses and any other feature of the site that could be affected by the proposed exploration program; (b) a description of the operations to be carried out during the proposed exploration program, the duration of each and its location on the site; (c) a description of the short-term and long-term effects that each operation could have on the environment of the site and on any surrounding areas; (d) a description of the proposed mitigation measures, the potential residual effects after mitigation and the significance of those effects; and (e) a description of the consultations undertaken with the council and the First Nation members. Environmental protection measures (4) If the exploration program can be carried out without causing irremediable damage to the First Nation lands, the Minister must send the application to the applicant and the council, along with a letter that sets out the environmental protection measures that must be implemented to permit the licence holder to carry out their exploration program. Submission of documents (5) To obtain the exploration licence, the applicant must, within 90 days after the day on which the reviewed application is received, submit to the Minister three copies of the environmental protection measures letter and three original copies of the application signed by the applicant, along with a written resolution of the council approving the licence. Exploration licence (6) If the requirements set out in this section are met, the Minister must grant the exploration licence for a period of one year. The terms and conditions of the licence are those set out in the application and the environmental protection measures letter. The licence takes effect on the day on which it is signed by the Minister.