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Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 79/14

NEWFOUNDLAND AND LABRADOR
REGULATION 79/14

Mineral Regulations (Amendment)
under the
Mineral Act
(O.C. 2014-271)

(Filed September 23, 2014)

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

Dated at St. John’s, September 23, 2014.

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis


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

        2.   S.12 Amdt.
Fractional map staked claims

        3.   S.13 Amdt.
Deposit not required

        4.   S.14 R&S
Licence reduction and partial surrender

        5.   S.36 Amdt.
Grouping of licences

        6.   S.37 R&S
Conditions of extended licence

        7.   S.38 R&S
Reduction and partial surrender of extended licence

        8.   S.39 Amdt.
Survey required

        9.   S.47 R&S
Assessment work requirements

      10.   S.52 Amdt.
Reports not approved

      11.   S.54 R&S
Distribution of assessment work

      12.   S.62 Amdt.  
Licence surrender and cancellation


CNLR 1143/96
as amended

        1. Section 11 of the Mineral Regulations is repealed and the following substituted: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 map staked 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 map staked licence has been surrendered, cancelled or partially surrendered and the assessment work required to be done during the first year of the map staked 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 Schedule A to the Act, in order to complete the assessment work for the first year of the map staked licence, for reasons other than those set out in Condition 2(4) of Schedule A to the Act, the deposit referred to in subparagraph 8(b)(ii) shall be refunded to the licensee.

             (4)  Where a licensee is granted an extension under Condition 2 of Schedule A to the Act, in order to complete the assessment work for the first year of the map staked licence, for the reasons set out in Condition 2(4) of Schedule A to the Act, the deposit referred to in subparagraph 8(b)(ii) shall not be refunded to the licensee until all the assessment work required to be done for the first year of the map staked licence is completed.

             (5)  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.

             (6)  Where a map staked 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.

 

        2. Paragraph 12(1)(b) of the regulations is repealed and the following substituted:

             (b)  included in an application for a map staked licence for the adjacent claim.

 

        3. Subsection 13(1) of the regulations is repealed and the following substituted:

Deposit not required

      13. (1) A genuine prospector may make application electronically, in the manner provided by the recorder, for map staked licences without submitting the deposit referred to in subparagraph 8(b)(ii), but

             (a)  no more than 5 map staked licences shall be granted to the genuine prospector in a calendar year;

             (b)  map staked licences granted to the genuine prospector in the calendar year shall include a maximum of 30 claims; and

             (c)  the deposit referred to shall become payable in full where a transfer, except to the heir of the genuine prospector, is registered with respect to one or more of the map staked licences.

 

        4. Section 14 of the regulations is repealed and the following substituted:

Licence reduction and partial surrender

      14. (1) The holder of a map staked licence may apply to surrender portions of the area described in the map staked licence in a form approved by the minister during the currency of the map staked licence and the portion of the deposit made under subparagraph 8(b)(ii) or in compliance with Condition 2 of Schedule A to the Act relating to the area surrendered shall be forfeited to the minister and shall, on application, be granted a map staked licence for claims being retained free of charge for the unexpired term of the map staked licence.

             (2)  On receipt by the recorder of the application referred to in subsection (1), the rights of the licence holder to all areas not included in the application referred to in subsection (1) shall be considered to be surrendered immediately and shall be further dealt with in accordance with section 27 of the Act and section 62 of these regulations.

             (3)  Where surrender of some of the area included in a map staked licence results in physical separation of claims, separate map staked licences shall be issued for the physically separated claims.

             (4)  The anniversary date of a map staked licence referred to in subsection (1) shall be that of the map staked licence which is being relinquished for that area.

 

        5. (1) Subsection 36(1) of the regulations is repealed and the following substituted:

Grouping of licences

      36. (1) The holder of licences may apply to group those licences to a single mapped staked licence provided however that no map staked licence shall include more than 256 map staked claims.

             (2)  Section 36 of the regulations is amended by adding immediately after subsection (4) the following:

             (5)  This section does not apply to licences extended under section 28.1 of the Act.

 

        6. Section 37 of the regulations is repealed and the following substituted:

Conditions of extended licence

      37. (1) The holder of a licence may apply to the minister for not more than 3 extensions of the term of the licence in accordance with section 28 of the Act for all or a portion of the area described in the licence and the minister shall issue a licence for the extended period subject to

             (a)  payment of the fee prescribed by the minister; and

             (b)  assessment work requirements as set out in section 47 for each year of the extended period instead of the assessment work required during the original term of the licence.

             (2)  The holder of an extended licence may apply to the minister for an extension of the extended licence in accordance with section 28.1 of the Act for the area described in the licence, where the area is 100 coterminous map staked claims or less, or for a portion of the area described in the licence subject to

             (a)  payment of the fee prescribed by the minister; and

             (b)  assessment work requirements as set out in section 47 for the extension, instead of the assessment work required during the original term of the licence.

 

        7. Section 38 of the regulations is repealed and the following substituted:

Reduction and partial surrender of extended licence

      38. (1) The holder of an extended licence may apply to the minister for a reduction of the area covered by the extended licence and the minister may grant the reduction and reduce the assessment work requirement for the licensee for the current and subsequent years of the extended licence.

             (2)  If the extended licence is in an extension period under Condition 2 of Schedule A or B to the Act, the security deposit shall be forfeited in proportion to the reduction of the size of the extended licence.

             (3)  Applications for a reduction of the area covered by an extended licence shall be as prescribed under section 14.

 

        8. Subsection 39(1) of the regulations is repealed and the following substituted:

Survey required

      39. (1) Where a mining lease is applied for by the holder of a licence, the survey referred to in paragraph 31(3)(b) of the Act shall be filed with the recorder within 6 months of the date of application.

 

        9. Section 47 of the regulations is repealed and the following substituted:

Assessment work requirements

      47.           (1) The holder of a map staked licence shall be required to expend or cause to be expended on the licensed area on assessment work of a type described in section 48 the following amounts:

             (a)  $200 per map staked claim during the first year;

             (b)  $250 per map staked claim during the second year;

             (c)  $300 per map staked claim during the third year;

             (d)  $350 per map staked claim during the fourth year; and

             (e)  $400 per map staked claim during the fifth year.

             (2)  The holder of an extended licence under section 28 of the Act shall be required to expend or cause to be expended on the licensed area on assessment work of a type described in section 48 the following amounts:

             (a)  for each year of the first extended term, years 6-10, by multiplying the number of claims held under the licence by $600;

             (b)  for each year of the second extended term, years 11-15, by multiplying the number of claims held under the licence by $900; and

             (c)  for each year of the third extended term, years 16-20, by multiplying the number of claims held under the licence by $1,200.

             (3)  The holder of an extended licence under section 28.1 of the Act shall be required to expend or cause to be expended on the licensed area on assessment work of a type described in section 48 the following amounts:

             (a)  $2,000 per map staked claim per year for years 21 to 25; and

             (b)  $2,500 per map staked claim per year for years 26 to 30.           

 

      10. Subparagraph 52(b)(ii) of the regulations is repealed and the following substituted:

                     (ii)  permit the holder to apply for an extension in accordance with Condition 2 of Schedule A or B to the Act notwithstanding the proviso regarding the anniversary date of the licence contained in the condition, but within a period not exceeding 30 days from the date of notification under this subparagraph.

 

      11. Section 54 of the regulations is repealed and the following substituted:

Distribution of assessment work

      54. When a licence holder submits the account of expenditure required under Condition 3 of Schedule A or B to the Act the recorder shall apply the minimum expenditures required under these regulations equally to all claims comprising the original licence area or the licence area retained.

 

      12. Subsection 62(3) of the regulations is repealed and the following substituted:

             (3)  Land affected by a surrender, expiration or cancellation of a licence shall be available for application in accordance with the Act as if no licence had been issued in respect of the land after the hour of 9:00 in the forenoon of the thirty-second clear day after publication of a notice under subsection (1) or (2).