The holder of a licence to search, a lease, a well licence, a geophysical licence or the holder’s agent has the right to the use and possession of whatever part of the surface of the location is necessary for the purpose of exploring for, extracting, and delivering oil and/or natural gas.
In order to enter upon and use any lands for exploration purpose, the agreement holder must first obtain the right to enter on and use the lands by way of an agreement with the land owner, for provincially owned crown lands or private lands. The holder is also liable to pay compensation to the landowner for any loss of use or damage to the lands caused by the entry, occupation or operation upon the affected lands.
New Brunswick property ownership information is available from the Real Property Registry and Mapping Services, Service New Brunswick. Should the well site be located on Crown Lands, a Licence of Occupation must be obtained from the Department of Energy and Resource Development, Crown Lands Branch.
A right holder who is unable to make an agreement with the owner of private lands for land access and use may apply in writing to the Minister for a special order to enter upon such lands; however, it is strongly encouraged that the two parties come to an agreement.