The Lax Kw’alaams First Nation is seeking aboriginal title to Lelu Island and Flora Bank in order to force changes to the Pacific NorthWest LNG proposal, casting further doubt on the $36-billion LNG export project.

Lax Kw’alaams leader Gary Reece said in an interview Friday that while the First Nation is open to development, they want Lelu Island near Prince Rupert to be off-limits. They will go to court next week to claim the land, he said.

Once a claim is established, the First Nation said, governments would be obligated to seek its consent for development.

Pacific NorthWest LNG has already received provincial environmental approval and is awaiting federal approval.

Reece said the federal government’s delegate, the Prince Rupert Port Authority, has repeatedly ignored the First Nation’s concerns over siting of the project. He said the Lax Kw’alaams have deep concerns at the indifference shown by government and the port authority.

If the First Nation is successful in getting the terminal moved from Lelu Island, it could mean a major delay for the project.

“Our traditional law, backed by our scientific reports, has made it clear that Flora Bank cannot be touched by (Pacific NorthWest) or any other company that proposes development,” Reece said, adding that the title claim has support of the 3,700-member Lax Kw’alaams community.

Earlier this month, Pacific NorthWest LNG started test drilling off Lelu Island for engineering work to evaluate soils. The company said the work is taking place away from Flora Bank.

Lax Kw’alaams community members, however, expressed fears that the work would involve removing eel grass from the sensitive bank, which is critical rearing habitat for juvenile salmon. Pacific NorthWest said it did not do so.

At the end of August, Lax Kw’alaams members set up a camp on Lelu Island to prevent its use as an LNG terminal.

Lax Kw’alaams members voted earlier this year to reject a $1.15 billion benefits package with the Pacific NorthWest LNG project, which is spearheaded by Malaysian state-owned energy giant Petronas, over the environmental concerns.

“The reason we’re launching the territorial claim is to clarify who owns this territory and what the federal and provincial government obligations are to the territory’s owners. This is to protect our crucial salmon habitat in the area, protect our food security, the constitutional right of our people, and to ensure the government and industry are obligated to seek our consent before proceeding with any LNG project in the area,” said Reece, who as elected leader uses the title mayor to differentiate himself from the First Nation’s hereditary chiefs.

“We’ve said from the start they have to get away from that Flora Bank. We’ve made that clear all along, but it seems they don’t want to move from there. … We’re still open to the development, we’ve made that clear, as long as it doesn’t harm our sea resources and environment.”

He said the conclusions of the First Nation’s experts compared to conclusions by Petronas experts are like “night and day.”

The Pacific NorthWest proposal includes a 1.6-kilometre suspension bridge at Flora Bank to link Lelu Island to offshore berths for LNG tankers.

B.C. LNG minister, Rich Coleman, was unavailable for an interview on what Friday’s title claim might mean to the project or its timeline.

“We respect the Lax Kw’alaams’ legal right to seek title through the courts,” he said in a statement.

Last week, it was revealed by The Vancouver Sun that Petronas was told in late 2013 that it was dealing with “very serious” safety and integrity issues throughout its offshore Malaysian operations. Four of those issues were described by the auditors as being “almost certain,” if not fixed, to lead to “catastrophic” events.

“This gives us huge concerns,” said Reece of the audit. “If that’s how they’re going to be building facilities, then we can’t see that happening in our area.”

Pacific NorthWest could not be reached for comment on Friday.

bmorton@vancouversun.com

depenner@vancouversun.com

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