Right-of-Entry Order Replacements on Public Lands Process

 

Right-of-Entry Order Replacements on Public Lands Process

The right-of-entry order (ROE) replacement process is the expected process to obtain Alberta Energy Regular (AER) managed surface dispositions to replace constructed oil and gas sites entered previously under a right-of-entry order from the Surface Rights Board (SRB) on public lands in the province. This includes replacement from ROE to mineral surface lease, licence of occupation, Pipeline Agreement (PLA) and pipeline installation lease. The replacement process intends to align with the current electronic disposition system (EDS) application submission process for public lands dispositions and enhanced approval process (EAP) and associated integrated standards and guidelines for oil and gas activities on publically managed lands.

Generally, the regular EDS and EAP process will be used for ROE replacements, and they will be treated as new applications. If there are any problems with using this process, please discuss with the appropriate AER regional lands office.

Application Submission

  • The applicant is to notify the SRB in writing of a pending AER disposition application specifying ROE numbers and lands to be replaced.
  • The applicant applies to the AER for appropriate surface dispositions following the “EAP Process,” and
    • attach a copy of the notification letter to SRB, and
    • specify “ROE Replacement” and associated ROE numbers in the “Application Form” comments box.
  • If and when the applicant receives disposition approval, it is its responsibility to take it to the SRB and apply for the termination order on the ROE.
  • After receiving the ROE termination order, it is the applicant’s responsibility to take that to Alberta Environment and Parks (AEP) to have the ROE officially cancelled and removed from the land standing. Failure to do so will result in the continued charging of rent for the lands under ROE as well as the new dispositions. No refunds will be granted for double rent charges issued.

Review Process Summary

  1. Notice of Application
    • As soon as an application is received, it is posted for public review for 30 days on the AER website: http://www.aer.ca/applications-and-notices/notices.
    • During this time a statement of concern could be filed if a party feels they could be adversely affected.
  2. Geomatics Review
    • Geomatics specialists will complete the preliminary review of the submission to ensure the completeness, purpose-appropriate, and plan requirements are met, including proper identification of ROEs being replaced.
  3. Land Analyst Review
    • If the submission passes the geomatics review, it will be assigned to a land analyst’s review for further technical review and administration.
    • If EAP standard, it will move directly to the decision stage of processing.
    • If EAP nonstandard, it will be referred to a land use officer for further field review.
  4. Field Review by Land Use Officer
    • All EAP nonstandard submissions undergo a complete assessment at the field level to ensure that rationale and mitigation are sufficient to allow disposition to proceed accordingly.
    • Policy direction, legislation, regional knowledge, quality of proposed mitigation efforts, and better management practices are considered at this stage in relation to the specific proposal.
    • Depending on the nature of the request, additional input from AER subject matter experts may be requested at this stage.
    • If information is complete and accurate but needs clarification, a supplemental request for information (SIR) may be sent back to the applicant at this stage.
    • Please note that standard submissions do not get the additional step of the field reviews; however, they are subject to regular auditing under the AER’s internal auditing procedures.
    • The land use officer makes the recommendation to accept or refuse the application and associated files.
  5. Decision
  6. Company Follow-up
    • If the decision is an approval-granting disposition, it is the applicant’s responsibility to follow up with an SRB termination order and AEP cancellation on the ROE replaced.

Application Timelines

A final decision will be released to the applicant within timeframes posted in AER Bulletin 2014-25 barring any delays (SIRs, SOCAR, etc.…)

  • EAP standard = 30 days
  • EAP nonstandard = 45 days