Statutory Right of Way
A statutory right of way is normally used to authorize linear uses of Crown land for transportation, communication, energy production and utiity developments. The tenure holder is granted a legal right of passage over the land for a specific purpose. It does not generally confer the right to exclusive use and enjoyment of the area, nor the right to exclude or charge the public for the use of improvements. Statutory rights of way for major activities are normally issued for so long as required. Shorter tenures are issued where the investments are lower, the use is of a shorter duration, or as defined under a specific program.
A legal survey will be required at the applicant's expense to define the tenured area. A statutory right of way that is issued under the authority of an MDA is issued for a standard term of 60 years, but will not exceed the term of the Master Development Agreement (MDA). All other statutory rights of way are
issued pursuant to the terms and conditions of the Utilties Policy.
Editor's Note: At Silver Star Mountain, each chairlift is situated in a Statutory Right of Way. The sewage plant is also situated in a Statutory Right of Way, as is the sewage effluent line running from the lagoons to the golf course area. It is interesting to note that the fairways of Silver Star's proposed golf course are being logged under a Utilities Tenure rather than a Golf Course Tenure, since their only current planned use is for sewage effluent irrigation.
