Land Access
The OWA is increasing our pace of work to address our inventory and protect public safety and the environment. With this increased pace of work, the OWA requires access to sites year-round, and may not be able to delay work because of agricultural activity.
Working with landowners
We work with landowners to minimize the impacts of closure work and aim to complete decommissioning and remove equipment so that landscape and environmental reclamation work can begin within three years of receiving a site, although timing may vary depending on the complexity of the project.
Our rights & obligations
The OWA does not take the place of the former operator, but has the legal right to access and work on any orphan site. As such, we have no legal obligations previously held by the operator, such as surface rental payments and property taxes.
We make every effort to limit our work to areas covered by the previous surface lease agreement and to minimize impacts outside the lease area. Should we need to use any off-lease area, the OWA will negotiate with landowners regarding additional compensation.
FAQs
What happens if I refuse to give the OWA access to my land for closure work?
While the OWA has the right to access the land under various orders and legislation, we understand that some landowners may have reasons they do not want us to undertake closure work. Where landowners deny access to their land, we will openly communicate toward a goal of mutual understanding that may lead to access.
Where this cannot be achieved in a timely manner, the OWA will move on to other areas, and closure work on these sites will be delayed indefinitely. We are required to inform the Land and Property Rights Tribunal that work will not proceed due to denied access, at which time they are likely to suspend surface lease payments.
The Farmer’s Advocate has additional information that may be useful.