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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 16/05

NEWFOUNDLAND AND LABRADOR
REGULATION 16/05

Mineral Regulations (Amendment)
under the
Mineral Act
(O.C. 2005-044)

(Filed February 24, 2005)

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

Dated at St. John’s, February 24, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


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

        2.   S.8 Amdt.
Application fee and deposit

        3.   S.10 R&S
Applications for map staked licence

        4.   S.11 R&S
Assessment work and refunds

        5.   S.12 Amdt.
Fractional map staked claims

        6.   S.12.1 Added
Fractional claims at zone boundaries

        7.   S.13 Amdt.
Deposit not required

        8.   S.30 Amdt.
Fractions disposed of by minister

        9.   S.31 R&S
Work required for fractional claims

      10.   S.36 Amdt.
Grouping of licences

      11.   S.61 R&S
Errors and omissions

      12.   Commencement


CNLR 1143/96
as amended

        1. Section 6.1 of the Mineral Regulations is repealed.

 

        2. Subparagraph 8(b)(ii) of the regulations is repealed and the following substituted:

                     (ii)  a deposit in the amount and in a form set by the minister.

 

        3. Section 10 of the regulations is repealed and the following substituted:

Applications for map staked licence

      10. (1) An application for a map staked licence shall be submitted electronically in the manner provided by the recorder.

             (2)  The recorder shall maintain a computer storage and retrieval system to receive and accept electronic applications.

             (3)  The order of acceptance of applications for map staked licences shall be governed by the system referred to in subsection (2) and an application is not accepted unless confirmation is transmitted electronically to the applicant.

             (4)  If access to the system referred to in subsection (2) is not available for any reason, the minister may authorize the recorder to accept applications in a format approved by the minister.

             (5)  When access to the system referred to in subsection (2) is restored, the recorder shall enter the accepted applications in the system before permitting any other applications.

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

             (7)  The recorder is not liable for loss or damage suffered by a person because of the failure of the system referred to in subsection (2) to accept an application or to correctly accept an application.

 

        4. Section 11 of the regulations is repealed and the following substituted:

Assessment work and refunds

      11. (1) The deposit referred to in subparagraph 8(b)(ii) shall be refunded to the licensee if the licensee has completed all of the assessment work required to be done during the first year of the licence and has filed with the department a report of all the work done that has been approved and accepted by the minister.

             (2)  If a licence has been surrendered, cancelled or partially surrendered and the assessment work required to be done during the first year of the licence has not been completed, the deposit or a portion of the deposit in proportion to the partial surrender, referred to in subparagraph 8(b)(ii) shall be forfeited to the minister.

             (3)  Where a licensee is granted an extension under Condition 2 of the Conditions of Licence, in order to complete the assessment work for the first year of the licence, the deposit referred to in subparagraph 8(b)(ii) shall be refunded to the licensee.

             (4)  Where a licensee completes a portion of the assessment work required for the first year and has filed with the department a report, acceptable to the minister, of the work done, an equivalent proportion of the deposit referred to in subparagraph 8(b)(ii) shall be refunded to the licensee, the balance of the deposit referred to in subparagraph 8(b)(ii) shall be forfeited to the minister.

             (5)  Where a licence is transferred in the manner provided for in the Act and regulations, rights to the deposit and the refund of it, as provided, shall pass with the licence.

 

        5. Subsection 12(1) of the regulations is amended by striking out the words "for acquisition under section 6" and substituting the words "for map staking".

 

        6. The regulations are amended by adding immediately after section 12 the following:

Fractional claims at zone boundaries

   12.1 (1) Where an application is made for a map staked licence for an area that crosses a UTM zone boundary and that results in fractions of claims being staked, the total area of the fractional claims in hectares shall be divided by 25 and the result, rounded down to the nearest whole number, shall be considered the number of full-size claims represented by the area of fractional claims.

             (2)  The number produced by the calculation in subsection (1) shall be used for the purpose of recording fees, security deposits and assessment work requirements for the fractional claims staked.

 

        7. Subsection 13(3) of the regulations is amended by striking out the word "reviewed" and substituting the word "renewed".

 

        8. Subsection 30(1) of the regulations is repealed and the following substituted:

Fractions disposed of by minister

      30. (1) When a fraction of a claim exists between claims staked out and ground staked licences applied for in the name of more than one person, the minister may dispose of the fraction by auction or tender to one of the applicants for the claims which abut on it, or may otherwise dispose of it as he or she may consider appropriate.

 

        9. Section 31 of the regulations is repealed and the following substituted:

Work required for fractional claims

      31. A fractional claim described in section 30 shall be treated as a full size claim for the purposes of calculating recording fees and assessment work requirements.

 

      10. (1) Subsection 36(1) of the regulations is amended by striking out the word "convert" and substituting the words "apply to group".

             (2)  Subsection 36(2) of the regulations is amended by striking out the word "converted" where it twice occurs and substituting the word "grouped".

             (3)  Subsection 36(3) of the regulations is amended by striking out the word "converted" and substituting the word "grouped".

             (4)  Subsection 36(4) of the regulations is amended by striking out the word "conversion" and substituting the word "grouping".

 

      11. Section 61 of the regulations is repealed and the following substituted:

Errors and omissions

      61. (1) Where a licence or mining lease has been issued to or in the name of the wrong party or contains a clerical error or misnomer, or there is an omission of the conditions of the licence or mining lease, the minister may, provided there is no adverse claim, order the defective licence or mining lease to be cancelled and a correct one to be issued in its place but that action shall not affect the effective dates of the licence or mining lease.

             (2)  Where the system referred to in section 10 for acceptance of applications for map staked licences incorrectly accepts 2 or more applications for the same claim or claims, the recorder shall not issue a licence to any of the applicants and a draw shall be held to determine which application shall be accepted for that claim or claims.

             (3)  The recorder is not liable for loss or damage suffered by a person arising out of the non-acceptance of their application in the circumstances described in subsection (2).

Commencement

      12. These regulations come into force on the day on which the sections 2 and 6 of the Mineral (Amendment) Act, SNL2004 c17, comes into force.