Title:
Pipeline Agreements for Water Body Crossings on White Area Public Land
Number:
IND DIS 2000.1
Program Name:
Industrial Dispositions
Effective Date:
May 30, 2001
This document was
updated on:
ISBN No.
Disclaimer:
Authority
Sections 3, 8 and 19 of the Public Lands Act
Goal
The goal of this document is to clarify when a Pipeline Agreement (PLA) is required for constructing a
pipeline crossing on a Crown-owned water body in the White Area.
Background
Section 3 of the Public Lands Act clearly outlines the Crown's obligation of ownership to public land bed
and shore areas. The Crown owns the bed and shore of all permanent and naturally occurring water
bodies as well as all naturally occurring rivers, streams, watercourses and lake, unless otherwise
stated in the title. The Crown is in a position to potentially claim ownership to the bed and shore of
thousands of water bodies, rivers, streams, watercourses, and lakes. The most comprehensive policy to
date (LMD 1995.1) clarifies Crown ownership of bed and shore under the Public Lands Act.
The following considerations are important to determine the most effective Public Lands policy
mechanism for PLA requirements for water body crossings on White Area public land.
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Land management policies and guidelines must add value to use, protection and conservation
of Crown bed and shore.
Regional differences must be recognized.
The role of other acts, regulations and policies which address resource issues on Crown bed
and shore should be considered.
Policy mechanisms should be as practical and as efficient as possible.
The use of PLA's allows the land manager to:
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authorize for activities that involve the permanent occupation of Crown-owned bed and shore
assess the potential impacts on wildlife habitat and other provincial resources
ensure that installations do no impede public access to Crown-owned bed and shore
May 30, 2001
Pipeline Agreements for Water Body Crossings
on White Area Public Land
© 2016 Government of Alberta
Page 1 of 4
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prevent environmental impacts on the bed and shore of Crown-owned water bodies through the
use of operating and development conditions aimed at bank stabilization, re-vegetation,
prevention of erosion and other factors addressed in Section 51 of the Public Lands Act
register a proponent's legal interest in public land where the pipeline is installed.
Some operators are uncertain when they should apply for a PLA when constructing a pipeline water
body crossing. Several factors contribute to this uncertainty.
Section 3 of the Public Lands Act indicates water bodies not excepted from private title remain the
property of the Crown. Under the Public Lands Act, PLAs are required for pipelines constructed across
Crown-owned water bodies not excepted from title and surrounded by private land.
Section 13 of the Public Lands Act indicates that the Minister may prescribe where applications for
Public Land dispositions may be made. Pipeline crossings on all Crown-owned water bodies are
regulated under the Public Lands Act and may require a formal disposition.
In contrast, Section 43 of the Pipeline Act states, in summary, that where a Crown-owned water body is
not excepted from title, the operator has the right to operate or construct a pipeline across that water
body without Public Lands Act approval.
In regards to the uncertainty created by Section 43 of the Pipeline Act and Section 13 of the Public
Lands Act, the Alberta Energy and Utilities Board (AEUB) takes the position that ALL relevant
approvals, where required by the approving authority, be in place in order to issue or sustain a Pipeline
Licence. This includes PLA's for pipeline watercourse crossings, where regulated under the Public
Lands Act and required by the land manager. If an operator does not have all relevant and required
approvals for the pipeline development, including PLA's issued under the Public Lands Act, they may
have their Pipeline Licence withheld or withdrawn.
Finally, although situations may arise in which a formal PLA approval may not be issued, the individual
who is conducting pipeline installation activity on Crown-owned bed and shore will still be subject to
Section 51(l)(e) of the Public Lands Act which states:
51(1) No person shall cause, permit or suffer
(e) the disturbance of any public land in any manner that results or, in the opinion of the
Minister, is likely to result in injury to the bed and shore of any river, stream,
watercourse, lake or other body of water or land in the vicinity of that public land.
Procedures/Guidelines
1. Approvals
A PLA is required where;
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The water body is bounded on at least one side by public land. This allows the management of
public land as an integrated unit and the co-ordination of the water crossing installation with
issues arising on adjacent non-bed and shore public lands.
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A proponent requests a disposition to register and protect their interest in a water body crossing
surrounded by private land.
A PLA is not required where the water body crossed is bound on both sides by private land AND land
management concerns are adequately covered by Alberta Environment's Code of Practice for Pipelines
May 30, 2001
Pipeline Agreements for Water Body Crossings
on White Area Public Land
© 2016 Government of Alberta
Page 2 of 4
and Telecommunication Lines Crossing a Water Body (Code) under the Water Act. An exception may
be made where the land manager identifies other resource issues on the Crown bed and shore that are
NOT addressed by the Code. These issues may include sensitive lands, the co-ordination with other
activities, and habitat protection for species other than fish.
Proponents should consider obtaining a PLA for subsurface installations where surface installation
would create other resource issues not addressed by the Code and require a PLA (e.g. a subsurface
installation under a boat launch). This prevents delays where subsurface installation proves
inappropriate and the land manager then requires a PLA for construction resulting in surface
disturbance. Where this situation occurs and the land manager requires no further information to
provide disposition conditions, a Temporary Field Authorization (TFA) may be issued as an interim
authorization to construct the crossing. The proponent must apply for a PLA within 10 days of the date
on which the TFA was issued.
To provide an integrated approach to the management of pipeline construction activities involving water
body crossings, the terms and conditions of the PLA should not conflict with or duplicate the Code,
subject to the site specific requirements of the land manager. Violations of the Code, noted by Public
Lands’ staff, should be reported to Water Management Division regional staff.
Where possible, multiple crossings associated with the same project should be applied for under a
single PLA.
2. Notices on Water Bodies Surrounded by Private Land
Under the Water Act (Code of Practice for Pipelines and Telecommunication Lines Crossing a Water
Body), all companies must submit notices to the Water Management Division, 14 days prior to
construction. Regional Water Management offices have agreed to refer all notices received directly
from industry to the appropriate district public land manager. This provides the land manager with
notice of planned pipeline water body crossings on water bodies surrounded by private land and an
opportunity to request a PLA where the land manager identifies other resource issues on the Crown
bed and shore that are not addressed by the Code. Notices will include crossings being installed using
a sub-surface method such as directional drilling. Staff may choose to keep notices to record the
location of pipelines through water bodies. Where a PLA is not required, notices could be filed by legal
land location. Where a PLA is required, use a PLA file.
3. Enforcement
Due to discrepancies between the Pipeline Act and the Public Lands Act, public lands staff cannot
charge for unauthorized use of public land. However, where Sustainable Resource Development
requires a PLA for a pipeline crossing a Crown-owned water body, the AEUB requires that a PLA be in
place in order to issue or sustain a Pipeline Licence.
Enforcement by Public Lands, in agreement with AEUB, shall be consistent with AEUB Guide 56 where
appropriate approvals are required prior to the issuance of an AEUB pipeline licence. Failure to obtain
a PLA, where required by the approving authority, may result in non-issuance or the withdrawal of the
pipeline licence for that installation under the Pipeline Act.
(a) If a company refuses to obtain a PLA, where required, for pipeline construction on Crown-owned
land including bed and shore, the departmental officer should contact the Public Land Allocation
and Management Branch with detailed information.
(b) The Public Land Allocation and Management Branch will notify the Alberta Energy and Utilities
Board, Pipeline Applications Section, regarding the construction of a crossing without a PLA.
May 30, 2001
Pipeline Agreements for Water Body Crossings
on White Area Public Land
© 2016 Government of Alberta
Page 3 of 4
Where a formal PLA is required, enforcement for contravention of conditions shall proceed as before.
Where a formal PLA approval is not required, the individual conducting pipeline installation on Crownowned bed and shore may still be subject to Section 51(1)(e) of the Public Lands Act, as it pertains to
disturbance of bed and shore.
Reference to Other Directives:
Crown Ownership of Bed and Shore, LMD 1995.1
Use of Publicly Owned Bed and Shore, LMD 1991.1
Classification: This directive is primarily intended for staff use for clarification of procedure.
Contact:
Sustainable Resource Development
Public Lands
(780) 427-3595
Land Administration Division
(780) 427-3570
Original signed by:
R.T Marvin and Glenn Selland
Public Lands and Land Administration Divisions
Sustainable Resource Development
May 30, 2001
Pipeline Agreements for Water Body Crossings
on White Area Public Land
© 2016 Government of Alberta
Date: May 30, 2001
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