Government of New Brunswick

Crown Lands - Wind Exploration Licence

Natural Resources and Energy Development

Overview

A Licence of Occupation for Wind Exploration is a legal agreement authorizing the temporary occupation and use of Crown land to erect temporary test towers, take meteorological measurements, and/or conduct environment monitoring activities. For proposed wind farm developments, applicants generally must follow a two-stage process by first applying for wind exploration rights through a Licence of Occupation for Wind Exploration.

Eligibility

You must first apply for a Licence of Occupation to Explore and then apply for a Lease and associated Licence of Occupation for a wind farm. This condition may be waived if the applicant can provide wind exploration data pertaining to the area of interest of the proposed wind farm.

- Applicants must be at least 19 years of age.
- Businesses must be registered with Corporate Affairs in New Brunswick and provide a copy of their Certificate of Incorporation.
- Applications must be accompanied by an electronic copy of GPS coordinates for each test tower site and for all exploration area boundaries.
- Applications must be accompanied by an electronic copy of the signed Site Development Plan.
- Wind power exploration applications will only be accepted if they are not within 500 m of:
• an application under review for a Licence of Occupation for Wind Exploration that includes an Option,
• wind test tower sites under a Licence of Occupation,
• lands within an existing Option, or
• other wind farm leases.
- The siting of all wind test towers situated within a Licence of Occupation for Wind Exploration and wind turbines situated within a wind farm lease, shall conform to the prescribed location constraints and setbacks as indicated in the application package.

Description

An application for a Licence of Occupation must include at least one test tower site and may include up to five (5) test tower sites; an application must include the proposed locations for all test towers. Additional test towers may be permitted at the discretion of this department or its designate, and should be requested at the time of the application.

An Option may be issued over lands covered by a Licence of Occupation. The term of the Option must run concurrent with the term of the Licence. During the active period of the Licence, the option holder will have the exclusive right to exercise their option by submitting an application for a Wind Farm Lease. If the Licensee does not exercise their option during the term of the Licence of Occupation, the lands become available, on a first-come, first-served basis, for wind exploration and/or development.

A Licence of Occupation for Wind Exploration without an associated Option will allow this department to issue Licences of Occupation for Wind Exploration to other applicants over the same lands subject to the location criteria and minimum setbacks set out in policy.

Changes To Fees

This document provides the rationale supporting changes to fees, associated revenue information, and the legal authority:
Lands Administration Regulation

Fees

Unless otherwise specified, Fees exclude the harmonized sales tax (HST).

Fee DescriptionRate in $Effective Date
YYYY-MM-DD
Administrative Fees (non-refundable + HST)
  Application Fee750.002020-07-16
  Renewal Fee200.002009-02-06
  Assignment Fee200.002009-06-02
  Amendment Fee200.002020-07-16
Annual Rent (Refer to the Lands Administration Regulation)Annual Rent / Loyer Annuel2022-04-01