The following represent the best efforts of the two negotiators to arrive at points of principle concerning an amended licence of occupation for the Whiskey Golf Test Range.
The negotiators will recommend an amended licence based on these principles. It is recognized that certain policy issues have yet to be resolved before either party commits to enter into an amended licence arrangement.
1. The term of the amended agreement shall be 40 years (30 additional years).
2. The fees for the additional 30 years shall be based on an annual payment of $4 million; plus a one-time payment of $5 million as an adjustment for the 89-99 period, payable on the date of signing of this amended licence.
3. The annual fee shall be adjusted each 5 years beginning in 2004 by a factor equal to the change in the CPI over the preceding 5 years unless the parties agree that extenuating circumstances or amendments to the licence warrant a different adjustment.
4. An amending provision will provide for amendments to the licence including any boundary adjustments that may be required for operational or technological reasons or to address local issues which may arise. All amendments will be by mutual agreement.
5. The boundary will be adjusted at the SW corner to remove approximately 5% of the area from the licence. DND agrees that surface use of an additional 5% of the area will be unrestricted for the general public.
6. The province will consult with DND prior to approving any other use of the seabed in the area of the licence to determine the impact on DND's permitted use. In addition, the province will consult with DND concerning possible seabed uses in the area located within a 1km. strip adjacent to the northern boundary of the licence area which, due to noise occurrence, might materially impact the permitted use within the licence area.
7. An environment schedule, along the lines of Annex A to these principles, will be included in the licence and will include a provision confirming that no nuclear warheads will be present at any time within the licence area. In addition, unforeseen environmental issues that arise from time to time might require amendment to the schedule.
8. A Dispute Resolution process will be established to address differences between the parties arising from #6 and #7 above.
9. Emergency response plans and related public information will be published and distributed in the nearby settled areas.
The Governments of Canada and British Columbia agree to adopt responsible environmental stewardship. Standardized procedures to ensure prevention, response to and mitigation of environmental damage will be adopted. This will include development of guidelines for exercising associated response teams in various related scenarios.
Sufficient sorbent material shall be available to prevent escape of any spilled fuel or petroleum products.
Products used for cleaning of vessels and other equipment shall be environmentally friendly.
All reasonable effort must be made to minimize the loss or escape of debris from operations in the area. A record of debris is to be kept and be available for inspection.
Monitoring of the sediments on the ocean floor shall be conducted in the first year and every third year thereafter to assess whether any contaminants from operations in the area are reaching unacceptable levels (consistent with standards set by Canada or by British Columbia). If results after three series of monitoring (after year seven) indicate levels are not changing and standards are being met, monitoring, can be extended to every eight years.
Use of explosives is to be restricted unless authorized by permit from the Department of Fisheries and Oceans.
Prior to use of sonar, a visual survey of the area is to be carried out to detect if any whales are present. If whales are detected, no sonar activity is to occur within 4,000 yards (two nautical miles).
In addition to the above suggested conditions, the license should state that the actual area covered by the license can be restricted to lands under the sea below the low chart datum.