It's possible construction of an oft-delayed public path to Inverness Beach near the Cabot Links golf course will never happen, despite an agreement between the course operators and the province.

The two sides signed a compensation agreement in 2013 after about a hectare of protected land was used in the creation of Cabot Links' sister course, Cabot Cliffs. Part of that agreement was replacing the land with other property, which happened in 2014; the other part was building a path to the beach.

Right now there is public access only at the south end of the beach; the new access is slated for the north end. The delay is the result of a covenant on the land where the path is to go, which prohibits such a path.

An extension was granted until the end of this year for the company to resolve the matter. However, Natural Resources Minister Lloyd Hines conceded on Tuesday that it's possible no resolution will be reached.

Should that happen, Hines has the option of accepting "a suitable monetary contribution to the habitat replacement fund.

"The proponent really doesn't want to do that because they see having the beach path as something they agreed to and something that's also attractive to their property — being able to reach the beach from that other end," said Hines.

'Lots of other options'

The idea the path might not happen doesn't sit well with Neal Livingston, co-chairman of the Margaree Environmental Association.

Livingston has been very vocal about the repeated delays. He rejected the idea that an inability to change the covenant should spell the end for a walkway.

Andrew Alkenbrack, the general manager at Cabot Links, acknowledged the trail process has stalled, but said the company wants to see it completed.

"Cabot has lots and lots of other options as to where to put the path. They may not be 100 per cent convenient to them, but there is no way that there is only one place to put a path," he said.

"They're simply saying, 'Oh, look, we tried,' when they knew they couldn't put it there, and then they're pretending they can't put it anywhere else."

Safety a concern

Andrew Alkenbrack, the general manager at Cabot Links, acknowledged the process has stalled, but said the company wants to see it completed.

Having the access at the north end of the beach makes the most sense, he said, because it means not having to cross portions of the golf course where people would be playing.

"I think that is the ideal spot," he said. "I think going through the golf course, just for the safety of everything — I mean you'll have six holes that will cross that path if we were to intersect it with the field of play. Quite frankly, I think, for everybody's safety, I don't think that is a good idea."

Special treatment?

Livingston acknowledged the economic contribution the golf courses and their associated amenities make to Inverness, but he said he worries the province is showing Cabot preferential treatment because of that contribution.

"Our position is, if anybody else in Nova Scotia has a Crown land contract to do something, they have to comply with the conditions in that contract in a reasonable amount of time. The Department of Natural Resources seems to be completely redefining what reasonable is."

But Hines said what's happening is standard practice when dealing with land issues. This isn't a case of special treatment for a big player, he said.

"Actually, the reverse is true, normally. We put the heat to the big guys who have the apparatus to deal with the department in terms of advice and consultants and lawyers."