File No. 2179 Board Order No. 2179-1 ____________________ May 21, 2021
SURFACE RIGHTS BOARD IN THE MATTER OF THE PETROLEUM AND NATURAL GAS ACT, R.S.B.C., C. 361 AS AMENDED
THE NORTH EAST ¼ OF SECTION 35 TOWNSHIP 79 RANGE 15 WEST OF THE 6 TH MERIDIAN PEACE RIVER DISTRICT EXCEPT PARCEL A (F9222) (The "Lands")
BETWEEN: ARC Resources Ltd. (APPLICANT) AND:
Jayson West Dekock and Rebecca Kathleen Louise Dekock
____________________________________ BOARD ORDER _____________________________________
(RESPONDENTS)
ARC RESOURCES LTD. V. DEKOCK ORDER 2179-1 Page 2 of 4
ARC Resources Ltd. (“ARC”) seeks a right of entry order to access certain Lands legally owned by Jayson West Dekock and Rebecca Kathleen Louise Dekock, to carry out an approved oil and gas activity, namely the construction, operation, and maintenance of flow lines and associated facilities.
On May 7, 2015 I conducted a telephone mediation conference call attended by K. Krall, B. Zazulak and R. Williams for ARC Resources Ltd. (“ARC”), and J. Dekock and R. Dekock (married name) who are the Landowners.
The parties discussed the project with the primary focus on compensation. The parties agreed that the best way to move forward was for the Board to issue a Right of Entry Order including an order for a partial payment of compensation, and if the parties cannot agree on the total amount and the disposition of the proceeds they may return to the Board.
Under the provisions of the Petroleum and Natural Gas Act, the Board may grant a right of entry order to privately owned land if it is satisfied that an order authorizing entry is required for an oil and gas activity. The Board is satisfied that ARC requires entry to the Lands for an approved oil and gas activity, namely constructing and operating flowlines as approved in the Oil and Gas Commission’s Application Determination Number 100112285.
ORDER 1. Upon payment of the amounts set out in paragraphs 2 and 3, ARC shall have the right of entry to and access across the portions of the Lands shown outlined in black on the Individual Ownership Plan attached as Appendix “A” for the purpose of carrying out the approved oil and gas activities, namely the construction, operation and maintenance of flowlines and associated works.
2. ARC shall deliver to the Surface Rights Board a security deposit in the amount of $2,500 by cheque made payable to the Minister of Finance. All or part of the security deposit may be returned to ARC, or paid to the landowner, upon agreement of the parties or as ordered by the Board.
3. As partial compensation, ARC shall pay $500.00 to the Respondents. 4. Nothing in this order operates as a consent, permission, approval, or authorization of matters within the jurisdiction of the Oil and Gas Commission.
ARC RESOURCES LTD. V. DEKOCK ORDER 2179-1 Page 3 of 4
DATED: May 21, 2021 FOR THE BOARD
Rob Fraser, Mediator
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APPENDIX “A”