Step Four - Disposition Management

Disposition Management Post-Issuance

There are a number of actions that may be taken after a disposition has been approved.

Site Entry Post-Issuance

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1. Site Entry

Notification of Site Entry must be provided to Environment and Parks (AEP) (the Department) or the Alberta Energy Regulator (AER) (the Agency) by the disposition holder upon entry of the disposition. The disposition holder has until the disposition expiry date to enter the disposition. Any entry onto the disposition after the expiry date will be considered unauthorized.

  1. Before the date the formal disposition was issued
  2. A future date

For new dispositions, the date of site entry must be the exact date site entry occurred. For existing dispositions where a site entry number has not yet been entered into EDS, the date of site entry must be the approximate date of when site entry occurred.

If the disposition holder has entered the site and fails to notify the Department/Agency within the seventy-two (72) hour timeline the disposition holder will be subject to the compliance processes which may include enforcement actions where appropriate. If an applicant generates a Site Entry Notification number on sites that have not been entered and the Department/Agency makes decisions based on that erroneous information, the decision could be rescinded.

Site Entry Notification is important. If a Site Entry Notification number does not exist, the disposition holder will not be able to apply for an amendment or renewal of their disposition. Notification of Site Entry also triggers notification to regulatory staff so field inspections and audits can be implemented. Site Entry Notification is required for each disposition; a single notification cannot be completed for a group of dispositions.

Instructions on how to record site entry can be found at:

2. Amended Disposition for a Longer Term after Site Entry and Acceptable Plan Requirements

Notification of Site Entry along with a Survey Plan must be provided to the Department/Agency for the following disposition types listed below, prior to the issuance of an amended disposition for longer term:

  • Easement (EZE)
  • Licence of Occupation (DLO/LOC) (some exceptions may apply)
  • Mineral Surface Lease (MSL)
  • Miscellaneous Lease (DML/MLL)
  • Pipeline Agreement (DPL/PLA)
  • Pipeline Installation Lease (DPI/PIL)
  • Recreational Lease (REC)
  • Rural Electrification Association Easement (REA)

All other disposition types will be issued a disposition in accordance with the PLAR Formal Disposition Information Letter.

Other Post Issuance Actions

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Disposition Expiration

Information on disposition expiration can be found in section 20 of the Public Lands Administration Regulation (PLAR). The expiration date is stated on the disposition document.

In the event a disposition expires prior to being renewed the disposition holder will be deemed an overholding tenant in accordance with section 20(3) of PLAR.

If a disposition expires prior to being renewed, the director may:

  • Terminate Overholding Tenancy
  • Take enforcement action
  • Issue a replacement disposition,
  • Issue an authorization,
  • Dispose of chattels and improvements, and
  • Initiate sale of interest by public tender or auction.

If a site has not been entered and Notification of Site Entry has not been received prior to the disposition’s expiration date, the disposition expires. The disposition holder will have no further rights to the disposition.

Formal Disposition Renewal

Dispositions must be renewed before they expire and renewal applications must be received no later than one year prior to expiry. The expiration date is stated on the disposition document. In order to make an application for renewal, a Site Entry number must exist within the Electronic Disposition System. For more information refer to:

Disposition Cancellation

Dispositions may be cancelled by the Director as defined in section 26 of the Public Lands Act.

Dispositions issued by the Department/Agency can be cancelled by the disposition holder at any time. The Department/Agency has different requirements of the disposition holder depending on whether the disposition site had been entered or not entered. Disposition holders must understand and meet all of the Department/Agency requirements of reclamation and abandonment for disposition cancellations.

Site Has Not Been Entered

If the disposition site has not been entered and the disposition holder wishes to cancel the disposition prior to expiration, a proof of non-entry must be submitted. For the process and forms see:

If the site for an oil, gas or coal related disposition was not entered, refer to:

Site Has Been Entered

If the site has been entered, confirmation of reclamation is required either through the issuance of a Reclamation Certificate or a Letter of Clearance.

If the reclamation requirements are not completed upon disposition expiration, approval to access the land to undertake the reclamation must be obtained.

If a site has been entered prior to cancellation and the disposition holder failed to notify the Department/Agency of entry or failed to meet the cancellation requirements of the disposition the disposition holder will be subject to compliance and enforcement actions. See Site Entry (above).

Reinstatement

A cancelled disposition may be reinstated as outlined in section 28 of the Public Lands Act.

Disposition Amendment

A disposition may be amended by the Department/Agency as defined in section 26(1) of the Public Lands Act as long as the disposition has been entered and proof of entry is confirmed through the creation of a Site Entry Notification number.

Amendments may be used to address a:

  • Change in location or route of the disposition
  • Change in purpose
  • Change in boundary
  • Change in dimensions

Amendment applications are processed similarly to a new disposition application since they can affect resource and land values, adjacent stakeholders and the public.

If a disposition holder wants to amend a disposition, they may:

  • Apply for an amendment through the Electronic Disposition System. Instructions on how to do this can be found in the EDS - Public Land Disposition Amendments User Guide found at:
  • Complete and submit a paper application with all applicable supporting documentation for the following activities only:
    • Recreational Leases (REC)
    • Surface Material Exploration (SME)
    • Surface Material Licence (SMC)

Amendments submitted as paper applications still require a digital plan. Upon or before submission of a paper amendment the applicant must upload the encrypted plan received in the plan package generated by the Plan Confirmation Service into the Electronic Disposition System using the Plan Submission Package option.

Once a formal disposition has been entered, there may be instances when a disposition holder requires approvals or authorizations as a result of unforeseen circumstances during construction. To facilitate this, the disposition holder can make an application for a Disposition Operational Approval (DOA) or Temporary Field Authorization (TFA) from the regulatory body’s Operational Approvals District office. For further information please see:

Disposition Operational Approvals (DOAs) are approvals issued to assist and facilitate the needs of the construction and development on public lands that are associated with a formal disposition or authorization. Normally these are issued for short terms, however these can be issued for a term matching that of the related disposition.

Temporary Field Authorizations (TFAs) are short term authorizations issued to utilize vacant public land for a specified term and use.

If the requested DOA or TFA proposes a purpose and/or activity that is outside the limits and guidance of the PLAR Information Letters and Tables (listed above), the request will not be approved and the applicant may be required to apply for the appropriate dispositions or to amend existing dispositions.

The Operational Approvals District office may request the applicant generate a Landscape Analysis Tool report to ensure proper conditions are applied to the DOA or TFA.

If the issuance of a Disposition Operational Approval causes permanent changes to its related disposition, the disposition holder will be required to amend the related disposition to accommodate these changes.

Disposition Suspensions

The Director may suspend a disposition as defined in section 26 of the Public Lands Act.

The disposition holder remains bound to the terms and conditions of the disposition, including reclamation, payment of rent or other obligations as though the disposition were not suspended.

Mortgages, Assignments, Transfers, and Subleases

A disposition holder cannot mortgage, assign, transfer or sublease a disposition without the approval of the director as defined in section 43 of the Public Lands Act. Please refer to:

 

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Updated: Nov 7, 2017