Guide to Land Status, Adjudication and Successful Forest Tenure (XML)Submissions

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Guide to Land Status, Adjudication and Successful
ForestTenure (XML)Submissions
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Guide to Land Status, Adjudication and Successful
ForestTenure (XML)Submissions
Overview
This presentation describes some helpful tools to assist our clients achieving successful tenure applications, and to increase efficiencies through the various processing stages in regards to XML document Uploading into the ESF portal Tenure application approval in FTA



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Guide to Land Status, Adjudication and Successful
ForestTenure (XML)Submissions
Contents Electronic Submission Framework - ESF Forest Tenure Administration - FTA Pre-Validate Applications Conflict Research Risk Models Conflict Resolution Key Points for a Successful Application Support Contacts

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Electronic Submission Framework

• Electronic Submission Framework - ESF
• A website that allows clients of the Ministry of
  Forests and Range (MFR) to receive tenure
  applications electronically.
• Applications are submitted in the form of an
  Extensible Markup Language (XML) document that
  allows the attribute and spatial data to be
  submitted in a single file
• When clients upload the XML document it is
  validated by checking it against the current
  schema which dictate the types, sizes and
  mandatory fields of a record

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Electronic Submission Framework

• Clients will receive a notification whether the
  document passed validation
• If the business rules fail, a message will be
  sent back requiring that the client fix the data
  and resubmit it
• Once successfully validated, it will be passed to
  the appropriate system, where further detailed
  business rules will be applied thereto

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Forest Tenure Submissions

• Forest Tenure Administration - FTA
• This electronic service delivery application
  simplifies, enhances and streamlines the process
  for tenure issuance

• Successful ESF submissions arrive in the
  appropriate districts InBox in the FTA system
• At this stage the Geomatics Technician validates
  the attribute (XML) and graphic (GML) contents of
  the ESF application
• If this review process fails the business rules
  the submission is sent back (rejected) to the
  licencee for correction and resubmission

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Forest Tenure Submissions

• Successful submissions will have a Map Report
  generated from which the Geomatics Operator
  performs land statusing and adjudication to
  resolve all suspected or confirmed clearance
  problems
• If the adjudication process ends in rejection,
  the submission is again sent back to the licencee
  for correction and resubmission

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Forest Tenure Submissions

• Tenure Application Process Flow Overview

• Pre-validation is a major part in proper planning
  and preparation of an XML application and will
  increase the number or successful applications.

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Pre-Validate Applications

• Why Pre-Validate Applications?
• All land conflicts must be resolved prior to
  granting of permits, agreements and for enquiry
  status purposes.
• Research against the wide range of various
  records and documents that are made accessible
• Investigate existing prior rights that may stop
  or stall your application
• Speeds up the application process

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Pre-Validate Applications

• What is Pre-Validate Applications?
• As part of their due diligence check the licencee
  should always pre-validate their XML application
  for data content and spatial validity prior to
  uploading to ESF. There are two types of
  reviews
• Attributes (XML)
• Graphics (GML)

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Pre-Validate Applications

• Pre-Validate the Attributes (XML)
• Ensure the XML is in the correct Schema
• Ensure all mandatory fields are populated and
  filled in, in accordance to the ESF submission
  guidelines
• Ensure all mandatory codes are correct and
  properly entered

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Pre-Validate Applications

• Pre-Validate the Graphics (GML)
• The graphic portion of the application feature(s)
  depict location, size, shape, area and proximity
  to other existing features and equates to the
  land statusing and research required. Statusing
  asks three questions
• Is the resource Crown Land?
• Is the access to the resource Crown Land?
• Are there existing prior rights on the land or to
  the resource? If so, are they legally and
  logically compatible with the application?

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Pre-Validate Submission

• How to Pre-Validate Submissions?
• Clients have the capability to generate a report
  to review potential conflicts of interests and
  encumbrances on and/or adjacent to a defined area
  of interest based on specified layers that are
  available on the LRDW. Some web viewer
  applications available are
• ESF Land Use Report (formally Tenure Map
  Service (TMS))
• Map Viewers Reporting Tools MapView, iMap and
  ILRR

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Pre-Validate Submission
ESF - Generated Land Use Report
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Pre-Validate Submission

• MapView is the base application that the Land Use
  Report uses, therefore either method produces the
  same report

ESF - View Land Use Report
MapViews SOE Report
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Pre-Validate Submission

• How to access these?
• ESF View Land Use Report http//www.for.gov.bc.c
  a/his/ESF/index.htm
• Map Viewers https//apps.gov.bc.ca/pub/ggw/

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Conflict Research

• In order to resolve conflicts further research
  may be required and can be obtained from
  applications such as
• Tantalis GATOR
• BC Online
• Integrated Land Resources Registries (ILRR)

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What is it?
Conflict Research
Tantalis GATOR

• An easy to use, online search and retrieval
  system which provides numerous details regarding
  the British Columbia Crown Land Registry
• Allows registered users to interactively extract,
  view, and print information
• Digital database maintains records and tracks the
  status of the parcel, sale, survey, license,
  access, return, and restrictions

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Conflict Research

• Why use it?
• To confirm the status of surveyed land and Land
  Act Tenures
• What information will you find?
• A legal land description of the surveyed parcels
  (PIN numbers)
• Active interest parcels (File numbers)
• Original Crown Grant documents
• Official survey plan maps (when available)
• Survey field notes (when available)
• Interest Holder information
• The term and agreement of the interest, etc.

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Conflict Research

• How to access it?
• You will need a BCEID for access
• http//ilmbwww.gov.bc.ca/irb/gator/
• How to access the user subscription fee?
• http//ilmbwww.gov.bc.ca/irb/gator/gator_account_o
  ptions.htm

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Conflict Research
BC Online

• What is it?
• Access to Land Title and Survey Authority
  information on private land ownership
• Why use it?
• As the second step to confirm status retrieved
  from Tantalis GATOR
• Multiple search options
• Obtain documents such as legal surveyed plan
  maps

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Conflict Research

• What information will you find?
• Individual parcel information including name,
  address, liens or encumbrances, etc
• How to access it?
• https//www.bconline.gov.bc.ca/
• How to access the user subscription fee?
• https//www.bconline.gov.bc.ca/account.html

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Conflict Research
Integrated Land Resource Registry (ILRR)

• Why use it?
• Provides a window into a register of legal
  interests, rights, designations, and
  administrative boundaries on Crown land
• What information will you find?
• Accelerated access to a single, efficient
  registry of official crown land and resource
  records (including cartographic information)
• How to access it?
• http//srmwww.gov.bc.ca/irp/ILRR.htm

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Conflict Research

• Tips and suggestions
• Always use both Tantalis GATOR and BC Online to
  resolve conflicts on crown and/or private land
  ownership

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Risk Models

• Risk models were designed to provide guidance
  and to help assist with the output of a decision
  made on specific conflicting/competing rights
• Status Risk Model
• Clearance Advice Matrix
• Status Guidelines

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Risk Models

1. Status Risk Model

• Licencees are encouraged to evaluate the risk
  potential and resolve all conflicts accordingly
• Current practice is to manage a certain level of
  risk
• Applications that do not meet minimum criteria in
  resolving conflicts may risk being rejected

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Risk Models

• The Status Risk Model captures the more common
  conflicts, risk ranks the conflict, then
  describes a possible resolution on how these may
  be resolved.

RISK RANK DESCRIPTION (Examples) RESOLUTION
Low vacant crown land No resolution required
Medium Overlap Land Act tenures Resolution or solution required
High Private Land interests Resolution required
POSSIBLE OUTCOME OF APPLICATION REVIEW
Approved
May be approved
May not be approved
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Risk Models

• Tenure Clearance Advice Matrix
• Designed to provide guidance towards
  overlapping tenures and provides clearance advice

Conflict resolution/solution advice
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Risk Models

• Status Guidelines
• Similar to the previous status guideline
  products, but in text format broken into various
  categories of conflict resolution

• Tips and suggestions
• For complete rights to timber harvesting refer to
  the statutes and regulations that apply in the
  Forest Act by visiting the Statues and
  Regulations web site at http//www.for.gov.bc.ca/

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Risk Models

• How to access these?
• Status Risk Model
• Clearance Advice Matrix
• Status Guidelines

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Conflict Resolution
Once a decision is reached with respect to
spatial conflicts, these can be categorized and
resolved in one of three ways

1. Exclude (High Risk)
2. Save and Except (Medium Risk)
3. Referral (Low Risk)

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Conflict Resolution

• Excluded
• To take out any previous existence of an area
  covered by title, reserve or occupied lands that
  under the provisions of the Forest Act are not
  compatible with the conditions of a proposed
  Agreement or Permit (e.g. private land,
  designated highways etc). Exclusions can be done
  in 2 ways
• Physical Exclusion Spatial change is required.
  Used where the polygon/line would be divided into
  multiple parts
• Verbal Exclusion No spatial change for any area
  or right of way that are too small to show in the
  boundary

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Conflict Resolution

1. Save and Except

An area within an application request is covered
by occupied or reserved land that is, under the
provisions of the Forest Act, compatible with the
terms of the proposed Agreement or Permit

• Consultation must occur to protect the prior
  rights of first tenure holder since both tenures
  have rights to harvest timber under their
  respective tenures
• Spatially the compatible tenures can overlap once
  agreed upon between the two parties

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Conflict Resolution

1. Referral

Where an area within an application request is
covered by occupied or reserved land that is
under the provisions of the Land Act.

• Uses identified as compatible or associated with
  the designated use may be authorized by the
  assigning agency subject to the specifications of
  the notice used to establish the area

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Conflict Resolution

• Following a successful tenure approval the
  following takes effect
• The spatial data and selected attributes will be
  sent to the corporate warehouse called the Land
  Resource Data Warehouse (LRDW)
• The data populates the corporate data bases and
  provides real-time information we all see the
  same data at the same time
• Provides a level planning field for all land
  interests, stake holders and land tenures
• Easy viewing access available using the web
  viewers

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Key Points fora Successful Application

• Incorporate local data into your decision making
  process
• Include your due diligence checks along with your
  tenure application submission
• Always use both Tantalis GATOR and BC Online to
  investigate and resolve private and/or crown land
  interests
• Statusing of complex clearances may require
  extended access to operational systems and
  documents that may require the expertise of
  Geomatics staff within district offices to resolve

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Support Contacts

• Chilliwack Geomatic Technicians at [phone]
• GeoBC Service Desk for Application Support and
  Services. Email GeoBC.ServiceDesk_at_gov.bc.ca
• Front Counter BC http//ilmbwww.gov.bc.ca/
• Integrated Registry Branch for Tantalis GATOR
  http//www.ilmb.gov.bc.ca/irb/index.html
• BC Online https//www.bconline.gov.bc.ca/help.htm
  l

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ENDSuccessful XMLSubmissions