Right-of-Entry Order Replacements on Public Lands Process Legal Header

Project Application

Timeline

Our estimated processing time for this application is 30 business days. See our timeline spreadsheet for updates.

Purpose of the Application

To replace constructed oil and gas sites on Alberta public lands that were previously entered under a right-of-entry (ROE) order from the Surface Rights Board, companies must apply to us for a ROE replacement. We treat these replacements as new applications.
Replacements cover

  • mineral surface leases,
  • licences of occupation,
  • pipeline agreements, and
  • pipeline installation leases.

Process Checklist

Submit an Application
To apply for a ROE replacement on public lands, the applicant must

  • write to the Surface Rights Board to inform it about the pending AER disposition application, specifying ROE numbers and the proposed lands for replacement; and
  • apply to the AER for appropriate surface dispositions, similar to any other disposition application, and
    • attach a copy of the letter to the Surface Rights Board to the application, and
    • specify “ROE replacement” and associated ROE numbers in the application form’s comment box.

Review Process

  1. We share all applications on our Public Notice of Application page for 30 days to encourage public participation in the approval process.
  2. Anyone who believes that they may be directly and adversely affected by an application can file a statement of concern (SOC). If we receive an SOC, it may take us longer to process the application.
  3. We will assign the application to a subject matter expert for initial review. If information is missing (i.e., the application is not complete), we will close the application. Otherwise, we will proceed with a full technical review.
  4. Depending on whether the application meets all approval standards, the application will either be processed as routine (meets all approval standards) or nonroutine (does not meet all approval standards). A routine application will move directly to the decision stage of the review process. A nonroutine application will undergo a complete assessment at the field level. This assessment ensures that the rationale and mitigation are sufficient and the disposition can proceed.
  5. We consider policy direction, legislation, regional knowledge, proposed mitigation efforts, and resource management practices in relation to the application.
  6. We may request additional information (through a supplemental information request) to complete our technical review.
  7. We will make a decision on an application within the timeframes posted in Bulletin 2014-25: Timelines for Processing Public Lands Act Applications.
  8. If we approve the application, the company is responsible for submitting our disposition approval to the Surface Rights Board. We expect the company to apply for the termination order on the ROE.
  9. After receiving the ROE termination order, the company must apply to Alberta Environment and Parks to have the ROE officially cancelled and removed from the land standing. If the company fails to do this, rent will continue to be charged for the lands under the ROE, as well as the new disposition. No refunds will be granted for double rent charges.