Administrative Agreement on Administration of Educational and Research Access to James Island

· North Pender Island · Agreements · 2018

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Topics: Aquaculture & shellfish · Bylaw enforcement · Marine & foreshore — our classification, not the Trust's.

Extracted text (beginning)

[[page 1]]
ADMINISTRATIVE AGREEMENT
On
ADMINISTRATION OF EDUCATIONAL AND RESEARCH ACCESS TO JAMES ISLAND

Between:

The Nature Conservancy of Canada
200-825 Broughton Street
Victoria, BC V8W LES

{“NCC”}

And:

Islands Trust
200-1627 Fort Street
Victoria, BC V8R 1H8

(“Islands Trust”)

i. Purpose

2.

1.1 NCC and the North Pender Island Local Trust Committee are party to Statutory Right of Way
FB180724, registered on title to James Island, which is attached hereto as Schedule A, {the
“SROW").

1.2 The SROW provides access to James {sland for the respective officers, employees, contractors
and access invitees of Islands Trust and NCC. More particularly, the SROW provides NCC and
islands Trust with the sole discretion to approve reasonable access to the island, upon
application, by researchers and primary, secondary, post-secondary and other students for bone
fide education and research relating to wildlife and habitat, primarily within the covenant areas.

1.3 Islands Trust has an interest in facilitating access to James Island for educational purposes, but
NCC does not have the staff capacity nor mandate to do so.

1.4 NCC benefits from research about wildlife and habitat, particularly about species-at-risk, that
takes place on James Island, as it informs NCC’s ecosystem restoration activities.

1.5 NCC and Islands Trust wish to clarify, define, and distinguish their responsibilities under the
SROW with respect to educational and research access requests.

Administrative Responsibilities

2.1 Access for Educational Purposes

2.1.1 For the purposes of this agreement, educational access will include access for schoo!
groups, or other groups from the general public who fit the criteria for Access Invitees as
defined in the SROW. Access will be considered educational in nature when a group

[[page 2]]
2.1.2

2.1.3

2.1.4

2.1.5

wishes to access James Island for the general purpose of learning about the species and
ecosystems found there.

Islands Trust will be responsible for granting access under the SROW to those parties
who in the opinion of Islands Trust qualify as Access Invitees and who request access to
James Island for educational purposes pursuant to the SROW.

islands Trust will be responsible for providing publically accessible information as to a
methodology for applying for access to James Island as described in section 2.1(a) of the
SROW, and all applications under such methodology will be sent to and administered by
islands Trust.

If NCC receives an application under the process described in 2.2 below that NCC deems
to be for educational purposes, NCC may forward that application to Islands Trust for
administration.

When Islands Trust receives an application for educational access to James Island, it will
notify NCC, and give NCC an opportunity to express any concerns about the approved
access and its impact to conservation values. if NCC does not respond to islands Trust
within a reasonable period of time as determined by Islands T

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