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Apr 7, 2014 PLAR Formal Dispositions Directive

© 2014 Government of Alberta of 1

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 Dispositions 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 Dispositions under PLAR.

The following Policy and Procedures as related to Formal Dispositions are included in this

directive:

• Types

• Allocation

• Tenure

• Fees & Charges

• General Application Requirements

• Activity and Purpose Codes

• Approvals associated with Formal Dispositions

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 Disposition

2. Authorization

3. Approval

Title: PLAR Formal Dispositions Directive

Number: ESRD, Public Land Management, 2014, No.1

Program Name: Public Land Management

Effective Date: January 30, 2014

This document was updated on:

PLAR Formal Dispositions Directive:

ESRD, Public Land Management, 2014, No. 1



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 Dispositions. 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





2. Policy- PLAR Formal Dispositions

A Formal Disposition issued under PLAR has three unique code identifiers. These codes are used to apply

for and issue a Formal Disposition 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. Disposition 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 Dispositions, and A2: AER PLAR Dispositions 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 Disposition Types

The following table 2.1 lists all the formal dispositions issued under PLAR, and the

corresponding official 3 digit identifier:





Table 2.1 Formal Dispositions under PLAR

Disposition

Type Definition

Three

Digit

Identifier

Disposition

Formally

Defined in

PLAR?

PLAR

Division

Regulatory

Body

Commercial

Trail Riding

Permit

A formal disposition issued to

authorize the use of land for

commercial horseback riding trips of

varying duration.

CTR Yes Div. 8 ESRD

Cultivation

Permit

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.

CUP Yes Div. 3 ESRD

Easement 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.

EZE Yes Div. 9 ESRD

Farm

Development

Lease

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.

FDL Yes Div. 3 ESRD

Grazing

Lease

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.

GRL Yes Div. 1 ESRD

Grazing

Licence

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.

FGL Yes Div. 1 ESRD

Licence of

Occupation

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.)

DLO

LOC

Yes Div. 4 ESRD

AER






Disposition

Type Definition

Three

Digit

Identifier

Disposition

Formally

Defined in

PLAR?

PLAR

Division

Regulatory

Body

Mineral

Surface Lease

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.

DMS

MSL

Yes Div. 5 ESRD

AER

Miscellaneous

Lease

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 Disposition type cannot

be applied.

DML

MLL

Yes Div. 9 ESRD

AER

Pipeline

Agreement

A formal disposition that is a right-of-

way agreement issued for the

installation and maintenance of a

pipeline.

DPL

PLA

Yes Div. 7 ESRD

AER

Pipeline

Installation

Lease

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.

PIL Yes Div. 7 AER

Surface

Materials

Lease

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.

SML Yes Div. 6 ESRD

Rural

Electrification

Association

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.

REA Special

Type of

Easement

(EZE)

Div. 9 ESRD

Vegetation

Control

Easement

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.

VCE

RVC

Special

Type of

Easement

(EZE)

Div. 9 ESRD

AER






Disposition

Type Definition

Three

Digit

Identifier

Disposition

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 Lease.

Provisions dealing with Formal Dispositions are contained in Part 3 of PLAR and all division numbers

identified are within Part 3.

The following descriptions are general categories of Formal Dispositions. 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.

2.1.1 Lease

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. Leases are renewable

and can also be reinstated, assigned, mortgaged and sublet with approval of the

department. All leases are formal dispositions under PLAR.

2.1.2 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”.

2.1.3 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 10.

2.1.4 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”





2.1.5 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;





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 Dispositions

Disposition 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 Lease Competitive- Sealed tender, or

auction.

Process initiated by a Land

Disposition request on public land.

Grazing Lease Competitive- Sealed tender, or

auction.


Disposition request on public land

Grazing Licence Competitive- Sealed tender, or

auction.


Disposition request on public land

Licence of Occupation First in time- First in Right Applicant must demonstrate need for

LOC or DLO.

Mineral Surface Lease First in time- First in Right Applicant must be a mineral producer

with resource rights to apply for an

MSL or DMS.

Miscellaneous Lease First in time- First in Right Certain Tourism and Recreational

Leasing projects may be subject to a

competitive process.

Pipeline Agreement First in time- First in Right

Pipeline Installation Lease First in time- First in Right

Surface Materials Lease First in time- First in Right Leases over 80 acres are subject to a

competitive process. See “Alberta

Aggregate (Sand and Gravel)

Allocation Policy for Commercial Use

on Public Land.





Table 2.2 Allocation methods of Formal Dispositions

Disposition Type Allocation principle Comments

Rural Electrification Association First in time- First in Right

Vegetation Control Easement 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

Disposition 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 Disposition Tenure

Disposition

Type

Exclusivity Vacant

Public

Land

Term Length

Commercial

Trail Riding

Permit

No rights to exclusive access. May have

exclusive commercial trail riding rights.

Yes1 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

Lease

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 Lease 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.





Table 2.3 Formal Disposition Tenure

Disposition

Type

Exclusivity Vacant

Public

Land

Term Length

Grazing

Licence

Exclusive grazing rights, but non-

exclusive occupation rights.

No 10 Years

Licence of

Occupation

Non-exclusive rights. Rights to

compensation from other

industrial/commercial users that use road.

Yes1,2

Variable: 10, 20 and 25 years are

typical terms.

Mineral Surface

Lease

Exclusive occupation rights. No 25 years maximum (25 years is also

typical term)

Miscellaneous

Lease

Exclusive occupation rights. No 25 years maximum (typical term

varies depending on disposition

purpose)

Pipeline

Agreement

Non-exclusive rights. Yes¹ Indefinite

Pipeline

Installation

Lease

Exclusive occupation rights. No 25 years maximum (25 years is also

typical term)

Surface

Materials Lease

Exclusive occupation rights. No 25 years maximum

Rural

Electrification

Association


Vegetation

Control

Easement


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 54.01 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.





Table 2.4 Formal Dispositions Fees and Charges

Fee or Charge Notes

Application

Fee

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)

Mapping Fee 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)

Amendment

Application

Fee

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)

Amendment to

an application

Fee

This amount is to be paid when an amendment to an application is made. This fee is non-

refundable. Fee does not apply to PLAR dispositions administered by the AER. (See

PLAR Table B)

Amendment

plan/renewal

plan mapping

fee

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

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 Royalties are charges for some types of dispositions where a resource is removed (e.g.

Surface Material dispositions) (See PLAR Table A1 and A2)

Timber

Damage

Assessment

(TDA)

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)

Trapper’s

Compensation

Program levy

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)





Table 2.4 Formal Dispositions Fees and Charges

Fee or Charge Notes

Security 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)

Reclamation

Certificate

Application

Fee

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 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 Disposition 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.





Table 2.5 General Application Requirements

Section Applies to

Formal

Disposition

Types:

Notes

9(1)a Form

acceptable to

Director

All 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 Dispositions 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.

9(1)b Acceptable

Land Description

All The acceptable land description is a written description, a sketch, survey

or GPS location plan as specified by departmental standards. See the

Alberta Government Disposition Plan Types/Formats document for

information on specific plan requirements by activity code.

9(1)c All

Applicable Fees

All 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

9(1)d Occupation

limitation

statement

Ancillary

Facilities

(DML)

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.)

9(1)e Statement

of Consent if

Occupied

All 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.

9(1)f Declaration

of compliance

with Disturbance

Limits

All 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.

9(1)g Part 3

documentation

(specific

disposition type

requirements)

See Part 3

of PLAR

for specifics

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.





2.6 Purpose & Activity Codes

PLAR Table A1: ESRD PLAR Dispositions and PLAR Table A2: AER PLAR Dispositions 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.

Disposition 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.





Table 2.7 Permissible Approvals under PLAR for Formal Dispositions:

Disposition Type Administrative Approvals Operational

Approvals

Mortgage Assignment Transfer Sub-Lease

Commercial Trail Riding

Permit

Yes Yes Yes No Yes

Cultivation Permit No No No No Yes

Easement Yes Yes Yes No Yes

Farm Development Lease Yes Yes Yes Yes Yes

Grazing Lease Yes Yes¹ Yes Yes Yes

Grazing Licence Yes Yes Yes No Yes

Licence of Occupation Yes Yes Yes No Yes

Mineral Surface Lease Yes Yes Yes Yes Yes

Miscellaneous Lease Yes Yes Yes Yes Yes

Pipeline Agreement Yes Yes Yes No Yes

Pipeline Installation

Lease

Yes Yes Yes Yes Yes

Surface Materials Lease Yes Yes Yes Yes Yes

Rural Electrification

Association

Yes Yes Yes No Yes

Vegetation Control

Easement

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.





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.

• Disposition: The authority granted by a regulatory body pursuant to the Public Lands Act to use

public land for specific purposes and activities.

• Disposition Number: An official identifier that a regulatory body assigns to a disposition that tracks

decisions throughout the disposition lifecycle.

• DOA (Disposition 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 Disposition: 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).





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 Dispositions 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 Dispositions

PLAR Table A2: AER PLAR Dispositions

PLAR Table B: Public Lands Administrative Fees

PLAR Table C: PLAR TFAs and DOAs

Disposition Plan Types/Formats

5. Approvals

Original signed by: Date:

Kem Singh, Executive Director

Land and Forestry Policy Branch

Environment and Sustainable Resource Development

http://www.qp.alberta.ca/

plar formal dispositions directive public land management ... · the issuance and maintenance of...

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