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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 804/96

Quarry Materials Regulations
under the
Quarry Materials Act
(O.C. 96?248)

Under the authority of section 12 of the Quarry Materials Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Quarry Materials Regulations .

47/78 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Quarry Materials Act ;

             (b)  "beach quarry permit" means a permit authorizing a person to dig for, excavate, remove and dispose of quarry materials from a beach;

             (c)  "exploration licence" means a licence granting to a person

                      (i)  the exclusive right to explore for or assess the quality of specific quarry materials within the area for which the licence is issued, and

                     (ii)  the exclusive right to apply for a quarry permit for those specific quarry materials within the area for which the licence was issued during the term of the exploration licence;

             (d)  "highway quarry permit" means a permit authorizing a person to dig for, excavate, remove and dispose of quarry materials from an area which is an established quarry under the control and direction of the Department of Works, Services and Transportation;

             (e)  "quarry lease" means a lease issued under section 8 of the Act; and

              (f)  "regular quarry permit" means a permit issued under section 7 of the Act other than a beach quarry permit or a highway quarry permit.

47/78 s2; 170/93 s1

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Application of quarry permit

        3. (1) Application for a quarry permit of any type, for a quarry lease or for an exploration licence shall be made in the appropriate form as required by the minister.

             (2)  Notwithstanding paragraph 2(c), the minister may approve and issue a quarry permit to a person under subsection 4(1) in an area for which an exploration licence has been issued to another person, provided that the minister considers that issuance to be appropriate.

170/93 s2

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Terms and conditions

        4. (1) Quarry permits of all types, exploration licences for particular quarry materials and quarry leases shall be subject to those terms and conditions as the minister may determine.

             (2)  Exploration licences shall be subject to the following terms and conditions in addition to those other terms and conditions the minister may determine under subsection (1):

             (a)  applicants shall be required to pay a fee per hectare as set by the minister at the time of application;

             (b)  exploration licences for dimension stone, slate, peat, aggregates for export or large scale or long term operations shall be issued for a maximum term of one year;

             (c)  exploration licences for construction aggregates for use within the province shall be issued for a maximum term of 4 months;

             (d)  the Crown and its agents are reserved the right to acquire a permit and to quarry and take quarry materials from an area subject of an exploration licence notwithstanding the exclusive nature of the exploration licence;

             (e)  an exploration licence shall not be assigned without the express consent of the minister obtained in advance of assignment in writing;

              (f)  before the expiry of an exploration licence, the licensee may apply for a new licence for all of, or a portion of, the area described in the licence and the minister may issue a new exploration licence for that area, provided however,

                      (i)  that the required assessment work is completed, and

                     (ii)  that the assessment report in respect of the original exploration licence is submitted in accordance with the terms of the licence;

             (g)  where an exploration licence expires and no new exploration licence has been issued to the former licensee, the area or a part of it shall be available for application on the next business day following the expiry date of the exploration licence;

             (h)  an exploration licence shall specify the particular quarry materials in respect of which the licence is effective;

              (i)  a licensee is required to undertake exploration and assessment work during the term of the licence to the satisfaction of the minister of a value not less than $5 per hectare of land described in the licence;

              (j)  expenditures on exploration and assessment work incurred by a licensee before the issuance of an exploration licence or the expenditures made in excess of the requirements of paragraph (i) in respect of an expired or terminated licence shall not be applied towards the commitment under paragraph (i) in respect of a licence or a subsequent licence for all or part of an area described in a licence issued to the same licensee;

             (k)  when field work is personally conducted upon the licence area by a licensee or by an individual holding a registered interest in that licence without remuneration, then that work may be credited at the rate of $100 for each 8 hour period that the holder is so employed towards the obligations under paragraph (i);

              (l)  exploration and assessment work reports shall be prepared in respect of an exploration licence and shall contain all information obtained by the licensee in respect of,

                      (i)  logistics of work undertaken,

                     (ii)  results of work undertaken,

                    (iii)  interpretations of work undertaken,

                    (iv)  conclusions drawn from work undertaken, and

                     (v)  the cost of work undertaken

and the information provided under subparagraphs (i) to (v) shall incorporate appropriate scaled maps which along with the text of the report shall be in a readily reproducible form;

            (m)  exploration and assessment work reports shall be kept confidential by the minister and the minister's officials for a period of 3 years from the date of filing of the report, provided that,

                      (i)  the report has been filed in accordance with paragraphs (j), (k) and (l) of this subsection, and

                     (ii)  the licensee has applied for and been granted a quarry permit, quarry lease or an exploration licence for all or part of the area described in the licence that is subject to the report; and

             (n)  the area described in the application for licence and which is incorporated into the licence shall be described by reference to universal transverse mercator grid co-ordinates and shall be defined in a manner which is consistent with and identifiable on maps held in the Department of Mines and Energy, the maximum size of the area described in an exploration licence shall be 5,000 hectares.

             (3)  A quarry permit or a quarry lease shall not be issued in respect of an area of land in excess of 5 hectares except with the special written approval of the minister.

             (4)  The amounts payable by way of royalty for quarry materials, rental of land under quarry permits and licences and fees for exploration licences shall be the amounts set by the minister.

170/93 s3

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No permits available

        5. (1) The minister may determine areas within the province which will not be available for the issuance of quarry permits or not available for the issuance of exploration licences, for specific periods or indefinitely for the purpose of

             (a)  protecting environmentally sensitive areas;

             (b)  controlling speculation before awarding of major civil construction or highway contracts and provide for the issuance of permits to the successful bidders in the tendering process;

             (c)  allowing all interested parties to be able to carry out investigations for sources of material in the vicinity of anticipated or tendered civil construction or highway contracts;

             (d)  avoiding land-use conflicts in areas where other uses or activities should be given priority;

             (e)  exercising greater control over known sources of material; or

              (f)  providing reserves near or adjacent existing operations to protect a long term supply of material for the operation, provided the surface rights to those areas are not alienated from the Crown.

             (2)  The minister's determination under subsection (1) shall be effective when noted on maps maintained by the Department of Mines and Energy and other public notice need not be given.

             (3)  The minister shall have the power to correct a minor or typographical error in a quarry permit, lease or exploration licence.

170/93 s4

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Repeal

        6. The Quarry Materials Regulations, 1977, Newfoundland Regulation 47/78, are repealed.