Crown land includes all or any part of land (including land covered by water) that is not privately owned in the Province of New Brunswick. Crown land is managed by various New Brunswick government departments. This faq page refers to Crown land administered and controlled by the Minister of Natural Resources and Energy Development (DNRED).
Wind Power – Frequently Asked Questions
Applicants generally must follow a two-stage process by first applying for wind exploration rights through a Licence of Occupation and then second, through a lease and an associated Licence of Occupation for Construction and Operation of a Wind Farm. If the applicant can provide Department of Natural Resources and Energy Developments (DNRED) with wind exploration data pertaining to the area of interest of the proposed wind farm, the Licence of Occupation requirement may be waived.
An authorization under the Crown Lands and Forests Act giving permission for temporary occupation and non-exclusive use of Crown land to erect temporary test towers, take meteorological measurements, and/or conduct environment monitoring activities. A Licence of Occupation for Wind Exploration may include up to five (5) test tower sites.
A Licence of Occupation for Wind Exploration may be granted for a period of up to three (3) consecutive years.
An option may be issued over an area covered by a Licence of Occupation for Wind Exploration and will run concurrent with the term of the licence. The option holders will have the exclusive right to exercise their option, prior to its expiration, by submitting an application for a Wind Farm Lease.
A Wind Farm Lease is a legal agreement which authorizes the use of Crown land for the development, construction and operation of a wind farm. A single lease (exclusive use) will be issued for all wind turbine and electrical substation sites within a wind farm.
An associated Licence of Occupation (non-exclusive use) may be issued to authorize associated power lines and access roads within the wind farm.
There are site-specific, minimum setback requirements for watercourses, wetlands, public highways, tower structures, etc., as well as other setbacks or buffers that may be imposed where any wildlife or environmental concerns are identified.
Applications must be accompanied by an electronic copy of Global Positioning System (GPS) coordinates for each test tower site and for all exploration area boundaries. Coordinates must be provided using NAD_83(CSRS) and be in the format of Eastings and Northings (eg. E 2390849 N7259016) or Latitude and Longitude expressed in degrees, minutes, seconds (eg. Lat. 47 34’ 21” Long. 66 54’ 33”). All GPS points must be differentially corrected and the accuracy of points must be within 5 metres of the actual location.
Once a completed application is submitted, it is evaluated for completeness. Should the application meet the basic requirements, a comprehensive review will be conducted. This review could take from 6 to 21 weeks. If approved, an offer letter will be sent informing of any additional requirements.