Sec. 2 (2) of Rules of Procedure and Practice states the Board before cancelling an application must have evidence satisfactory to the Board that there are no claims for costs, damages or expenses arising from the application
The Applicant must apply in writing to request withdrawal of the application and confirm that none of the Respondents have been served with the application.
The Board will notify the Respondents of the request and any Respondents with claims for damages, costs or expenses (pursuant to Sec. 2(2) of the Surface Rights Act Rules of Procedure and Practice) in connection with the application, must submit this in writing to the Board within 30 days from notification from the Board of the Applicant’s request to withdraw the application.
If any of the Respondents were served with the application the Board also requires:
Releases duly executed, from each Respondent stating they have no claim to damages, costs or expenses in connection with this application. The Releases must reference the application specifically.
Where a replacement application is filed by the Applicant to correct an error, the Board may order that any claims for costs, damages or expenses are to be determined with the newly filed application. This is at the discretion of the Board and will depend on the nature of the application and whether the same parties are named in both applications.
If a surface lease (as defined in Section 1 (o) of the Surface Rights Act)has been signed the Board will require:
A copy of the fully executed surface lease and plan attached covering the same area as the Right of Entry application.