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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 32/99

NEWFOUNDLAND REGULATION 32/99

Mineral Regulations (Amendment)
under the
Mineral Act
(O.C. 99-136)

(Filed  April 5, 1999)

Under the authority of section 41 of the Mineral Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, March 29, 1999.

John R. Cummings, Q.C.
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.6.1 Added
Draw for land made available for staking

        2.   S.10 Amdt.
Applications recorded

        3.   S.11 Amdt.
Refunds

        4.   Application


CNR 1143/96
as amended

        1. The Mineral Regulations are amended by adding immediately after section 6 the following:

Draw for land made available for staking

      6.1 (1) Land made available for staking under subsection 21(5) of the Act shall be staked by a draw conducted under this section.

             (2)  An application for land referred to in subsection (1) shall be received by the office of the Mineral Claims Recorder by 4:00 p.m. on the thirty second clear day following the publication of the notice, regulation or order indicating the availability of the land in the Gazette.

             (3)  An application under subsection (1)

             (a)  may be made by regular mail or in person; and

             (b)  notwithstanding section 13, shall be accompanied by the fee and deposit prescribed by the minister under section 8.

             (4)  The date of the draw for which an application is submitted shall be clearly marked on the outside of the envelope or package in which it is submitted.

             (5)  All envelopes or packages received by the deadline for submissions prescribed under subsection (2) shall be assigned a number by the Mineral Claims Recorder.

             (6)  At 8:30 a.m. on the day immediately following the deadline for submissions, all numbers shall be entered into a draw and the Mineral Claims Recorder shall randomly select the numbers.

             (7)  Upon the completion of the draw under subsection (6),

             (a)  all envelopes or packages shall be opened;

             (b)  applications shall be screened for acceptability under sections 7, 8, and 9; and

             (c)  acceptable applications shall be recorded under section 11,

in the order established by the draw.

             (8)  Where all or a portion of the area being applied for has been staked by a prior application in the draw, all or a portion of the required fee and deposit shall be refunded to the applicant under section 11.

             (9)  An applicant may include with an application instructions that the application only be accepted if the entire area of land for which the application is made is available for staking.

           (10)  Notwithstanding subsection (9), if an applicant does not include the instruction described in that subsection, withdrawal after an application is recorded will be treated as an application withdrawn under subsection 11(2).

        2. Subsection 10(3) of the regulations is repealed and the following substituted:

             (3)  Notwithstanding section 6.1, every application which may be recorded under the Act shall be recorded in order of receipt.

        3. Subsection 11(2) of the regulations is repealed and the following substituted:

             (2)  Where an application is withdrawn by the applicant before a licence being issued, the fee and deposit referred to in paragraph 8(b) shall be forfeited to the minister.

Application

        4. (1) These regulations shall not apply where a notice, regulation or order indicating that land is available for staking under subsection 21(5) of the Act is published in the Gazette before the date that these regulations come into force.

             (2)  Where a notice, regulation or order referred to in subsection (1) is published on the same date that these regulations come into force, these regulations shall apply.