This is an official version.

Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1143/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1143/96

Mineral Regulations
under the
Mineral Act
(O.C. 96‑299)

Under the authority of section 41 of the Mineral Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Exemptions

              PART I
MAP STAKED LICENCES

        4.   Specified areas

        5.   Applications not accepted

        6.   Boundaries of map staked licences

        7.   Applications rejected

        8.   Application fee and deposit

        9.   Size of licence area

      10.   Applications recorded

      11.   Refunds

      12.   Fractional map staked claims

      13.   Deposit not required

      14.   Licence reduction and partial surrender

              PART II
GROUND STAKED
LICENCES

      15.   Specified areas

      16.   Size and form

      17.   Metal tags

      18.   Manner of claim staking

      19.   Illustration of staking procedure

      20.   Intersection posts

      21.   Illustration of intersection post procedure

      22.   Irregular boundaries

      23.   Restriction

      24.   Replacement of metal tags

      25.   Refund

      26.   Staking on Sundays and holidays

      27.   Application for ground staked licences

      28.   Recorder to record application

      29.   Claims inspections

      30.   Fractions disposed of by minister

      31.   Work required for fractional claims

      32.   Applications entered in database

      33.   Applications not recorded

      34.   Filing not claim dispute

      35.   Licence reduction and partial surrender

              PART III
GROUPING OF
LICENCES

      36.   Grouping of licences

              PART IV
EXTENDED LICENCES

      37.   Conditions of extended licence

      38.   Reduction and partial surrender of extended licence

              PART V
MINING LEASES

      39.   Survey required

      40.   Annual rental

              PART VI
ASSESSMENT
WORK

      41.   Notification and approval

      42.   Assessment plans

      43.   Camps

      44.   Exploration sites

      45.   Duties upon completion

      46.   Guidelines

      47.   Assessment work requirements

      48.   Acceptable expenditures

      49.   Report acceptable to minister

      50.   Good faith compliance

      51.   Evidence required

      52.   Reports not approved

      53.   Credit for personal work

      54.   Distribution of assessment work

      55.   Reports

      56.   Substantiating information

              PART VII
GENERAL

      57.   Preservation of diamond drill core

      58.   Disposal or transfer of drill core

      59.   Grievance notice filed

      60.   Defective descriptions

      61.   Errors and omissions

      62.   Licence surrender and cancellation

      63.   Fees

      64.   Formal validity

      65.   Repeal

Schedule A

Schedule B


Short title

        1. These regulations may be cited as the Mineral Regulations.

132/83 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Mineral Act;

             (b)  "authorized representative" means a person authorized by the minister to act as his or her official representative;

             (c)  "blazing" means the process of marking a tree by cutting or slicing a section of the bark and some woody material from along the length of the tree placed at approximately shoulder height and large enough to be clearly visible from adjacent blazes along the claim boundary facing the direction of travel along the boundary of the claim and if a tree is visible from both directions along the boundary of the claim, visible on both sides of that tree;

             (d)  "coterminous" means having at least one claim side in common;

             (e)  "department" means the Department of Mines and Energy;

              (f)  "extended licence" means a licence giving the holder the exclusive right to continue to explore for minerals and to carry out development work in an area previously held by the holder as a ground staked licence or a map staked licence;

             (g)  "ground staked claim" means

                      (i)  a plot of land physically marked out on the ground in accordance with section 18 comprised of one to 64 units, each claim comprised of more than one unit being square or rectangular and the long dimension of which not exceeding the short dimension by more than 4 times, or

                     (ii)  a plot of land physically marked out on the ground in accordance with section 20 or 22;

             (h)  "ground staked licence" means a licence giving the holder the exclusive right to explore for minerals in a claimed area physically marked out on the ground in accordance with sections 18, 20 and 22;

              (i)  "map staked claim" means a plot of land shown on maps maintained at the department constituting one‑quarter part of a UTM grid square and bounded by one corner of a UTM grid square and comprising 25 hectares or less;

              (j)  "map staked licence" means a licence giving the holder the exclusive right to explore for minerals in an area shown on maps maintained in the department and described in accordance with section 6;

             (k)  "mining lease" means a lease issued under section 31 of the Act;

              (l)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

            (m)  "recorded" means entered by the Mineral Claims Recorder in the relevant electronic register maintained by the department;

             (n)  "staking rush" means an occasion where it can be demonstrated that more than one applicant has endeavoured or will endeavour to stake the same area at the same time and in that instance, the recorder shall consider the situation to be a staking rush;

             (o)  "surveyor" means a surveyor who is a registered member of the Association of Newfoundland Land Surveyors;

             (p)  "time of completion" means the time inscribed on post No. 1 at the end of the staking procedure by the staker having first hand knowledge that the claim has been completely staked;

             (q)  "unit" means a square plot of land measuring 400 metres x 400 metres horizontally comprising 16 hectares with boundary lines running as nearly as possible north, south, east and west; and

              (r)  "UTM grid" means the 1,000 metre universal transverse mercator grid, as defined by NAD 27.

132/83 s2; 181/86 s1; 171/93 s1

Exemptions

        3. All land and land under water listed or referred to in Schedule A is exempted from the application of these regulations under paragraph 4(1)(b) of the Act.

132/83 s3

PART I
MAP STAKED LICENCES

Specified areas

        4. Subject to subsection 7(2) of the Act, a map staked licence may be applied for with respect to those areas described and published in the Gazette in accordance with subsection 9(2) of the Act.

132/83 s4

Applications not accepted

        5. An application for map staked licences shall not be accepted until the expiration of 32 clear days after the publication of the notice required under subsection 9(2) of the Act.

132/83 s35

Boundaries of map staked licences

        6. Map staked licence boundaries shall be described by reference to UTM grid co‑ordinates NAD 27.

132/83 s33

Applications rejected

        7. An application for a map staked licence may be rejected by the recorder if, in his or her opinion, the description provided by the applicant is inadequate or defective.

132/83 s36

Application fee and deposit

        8. Applications for map staked licences shall not be accepted unless

             (a)  they are in a form approved by the minister; and

             (b)  they are accompanied by

                      (i)  the fee prescribed by the minister, and

                     (ii)  a deposit of cash or certified cheque in the amount prescribed by the minister.

132/83 s37

Size of licence area

        9. A map staked licence may be issued by the recorder for up to 256 coterminous map staked claims.

208/92 s4

Applications recorded

     10. (1) The recorder shall enter into the computerized mineral rights database particulars of an application for a map staked licence which is, in his or her opinion, made in accordance with the Act and these regulations unless a prior application in respect of the same land or a substantial portion of it is already recorded and is subsisting.

             (2)  The recorder shall cause the application and the sketch or plan submitted with it to be filed in the department.

             (3)  Every application which may be recorded under the Act shall be recorded in the order of receipt.

             (4)  Subsection (3) applies notwithstanding a circumstance where the entry and filing required are not completed as soon as the application is received.

Refunds

     11. (1) In the event that an application for a map staked licence is effectively pre‑empted in whole or in part by a prior application

             (a)  the fee required under subparagraph 8(b)(i) shall be refunded to the applicant in whole or in part; and

             (b)  a deposit made under subparagraph 8(b)(ii) shall be refunded in whole or in part.

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

             (3)  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.

             (4)  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.

             (5)  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.

             (6)  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.

             (7)  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.

171/93 s10

Fractional map staked claims

     12. (1) Where the boundary of an existing licence area, mining claim, licence, lease or grant has been established on the ground and that results in fractions of claims becoming available for acquisition under section 6, those fractions may be

             (a)  applied for as if it were a full size claim; or

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

             (2)  Every fractional claim shall be treated as a full size claim for the purpose of calculating recording fees, security deposits and assessment work requirements.

             (3)  When areas with boundaries established on the ground lapse and become available for staking, an adjacent fractional map staked claim included in a map staked licence in good standing shall become full claims and the boundary of the area to come open for staking shall be adjusted accordingly.

132/83 s34

Deposit not required

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

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

             (b)  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 licences.

             (2)  In this section, "genuine prospector" means a person who is ordinarily resident in the province who applies to the minister for that designation and who provides clear evidence with the application that he or she

             (a)  is seriously intending to undertake mineral prospecting activities in the future; and

             (b)  either

                      (i)  is qualified as a mineral prospector, having successfully completed a recognized mineral prospecting training program, or

                     (ii)  has undertaken mineral prospecting activities on his or her own behalf or on behalf of a mineral‑industry employer within the 12 months before making the application.

             (3)  A designation as a genuine prospector is valid for a period of 5 years and may be reviewed upon application but may be cancelled by the minister on notice to the person.

83/96 s1

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 licence in a form approved by the minister during the currency of the licence and the portion of the deposit made under subparagraph 8(b)(ii) or in compliance with Condition 2 of the Conditions of Licence relating to the area surrendered shall be forfeit to the minister and shall, on application, be granted a licence for claims being retained free of charge for the unexpired term of the 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 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 licence which is being relinquished for that area.

132/83 s28; 132/83 s41

PART II
GROUND STAKED LICENCES

Specified areas

     15. Subject to subsection 7(2) of the Act, a ground staked licence may be applied for with respect to those areas declared to be open for staking by the minister, exclusive of those areas set aside by the minister for map staked licences only under subsection 9(2) of the Act.

132/83 s32

Size and form

     16. A ground staked licence shall consist of a maximum of 256 units provided that where there is more than one constituent ground staked claim, the claims shall be continuous by having coterminous connections.

208/92 s1

Metal tags

     17. (1) A person intending to mark out or cause to be marked out a ground staked claim shall acquire from the Mineral Claims Recorder metal tags to be affixed to posts at each corner of each claim for the purpose of identifying the claim and those tags shall not be transferable.

             (2)  Metal tags shall be provided by the recorder in sets of 4, each set being embossed with a serialized number and each one of a set being additionally embossed with a claim post number, namely 1, 2, 3 and 4.

             (3)  The serialized number embossed upon each set of tags shall be the official number of the claim and shall be so entered into the records maintained by the recorder.

132/83 s6; 1992 cF‑7.1 s23

Manner of claim staking

     18. (1) A ground staked claim shall be marked out by the person in whose name the tags were issued or by a person acting on his or her behalf in the following manner:

             (a)  by erecting a post at each of the 4 corners of the claim, designating that located at the northeast corner Post No. 1, that at the southeast corner Post No. 2, that at the southwest corner Post No. 3 and that at the northwest corner Post No. 4;

             (b)  by clearly and legibly entering upon the tags with ball point pen or other suitable instrument, the following:

                      (i)  on the tag bearing the inscription Post No. 1, the staker's name, the name of the person for whom the claim is staked and the date and time of completion of the staking out,

                     (ii)  on each of the other tags, the date and time of erecting of the post;

             (c)  by securely affixing the inscribed tags to their respective claim posts in such a manner that except for subsection (7) the Post No. 1 tag is placed upon the south face, the Post No. 2 tag is placed upon the west face, the Post No. 3 tag is placed upon the north face and the Post No. 4 tag is placed upon the east face of the claim post;

             (d)  by clearly delineating the outer boundaries of the claim

                      (i)  if there are standing trees, by blazing trees on 2 sides only and cutting the underbrush to the extent necessary to establish unobstructed line of sight between blazes or the other method under subparagraph (ii) employed to identify the boundary, or

                     (ii)  if there are no standing trees, by erecting pickets, monuments of earth or rock or employing another method that will identify the claim boundary with comparable permanency so that the lines established are apparent and may be traced on the ground without undue difficulty.

             (2)  A ground staked claim comprised of more than one unit shall be marked out in a manner described in subsection (1) with the addition of the following:

             (a)  by erecting intermediate posts at 400 metre intervals measured horizontally along the boundaries of the claim; and

             (b)  by affixing to the intermediate claim post a metal tag to be inscribed with

                      (i)  the ground staked claim number,

                     (ii)  the date and time of erecting the post, and

                    (iii)  numbers to indicate the distance from the north, east, south and west corner posts in a clockwise sequence.

             (3)  Every post referred to in subsections (1) and (2) shall stand at least 1.2 metres above the ground and shall be faced on 4 sides for a distance not less than 30 centimetres from the top and that portion of the post faced shall not be less than 8.75 centimetres in width and 3.75 centimetres in thickness.

             (4)  If a standing tree or stump in sound condition and of suitable size is found in position, it may be used as a post for the purposes of subsections (1) and (2) if it is cut off and squared in compliance with subsection (3).

             (5)  Where 2 or more coterminous claims are staked out, all the provisions of this regulation shall be complied with except that a single claim post may be used as a common post for the adjoining claims, provided only that tags are placed upon the appropriate faces of those common posts.

             (6)  In areas remote from an adequate timber supply, a ground staked claim may be marked by

             (a)  following the procedure described in subparagraph (1)(d)(ii);

             (b)  inserting each fully and legibly inscribed claim tag as described in a suitable waterproof container; and

             (c)  burying the waterproof container in a monument of earth or rock, not less than 60 centimetres in diameter at the base and at least 60 centimetres high which shall substitute for the claim post or posts described in subsections (3), (4) and (5).

             (7)  Where at the corner of a claim the presence of water or conformation of the ground renders the erection of a post impracticable, there shall be erected a witness post on each boundary line as near as possible to where the claim post should have been erected and the witness post shall be marked in addition to the relevant requirements under this paragraph with the letters "W.P." and the intended direction and distance to the site of the true corner from the witness post.

132/83 s7; 171/93 s2

Illustration of staking procedure

     19. The minister may issue guidelines to illustrate the manner of staking out a claim under section 18.

171/93 s4

Intersection posts

     20. Where, owing to the presence of an existing recorded claim, grant, lease or licence, it is not possible to stake in accordance with section 18, additional posts shall be erected at all the corners of the claim being staked including the corners of the previously existing boundaries and those posts shall be marked with the addition of the letter A or B, etc. provided only that the area of the claim being staked shall not exceed the prescribed area.

132/83 s9

Illustration of intersection post procedure

     21. The minister may issue guidelines to illustrate the intersection post procedure under section 18.

171/93 s5

Irregular boundaries

     22. (1) Where, owing to the presence of an existing grant, lease or licence issued under an Act enacted before July 12, 1977, it is not possible to stake in accordance with section 18 or 20, the boundaries joining each pair of corners of the claim area shall be oriented so as to coincide precisely with the existing boundaries, notwithstanding the requirement that boundary lines shall run as nearly as possible astronomically north, south, east and west.

             (2)  The number of claims staked out in this manner shall not exceed 64 in number.

             (3)  The number of claims will be determined by a grid kept on file in the Mineral Claims Recorder's office, all fractional claims shall be treated in accordance with section 31.

             (4)  Where the existing boundary is irregular, intersection posts shall be erected in accordance with the stipulations in section 20.

132/83 s11

Restriction

     23. A person shall not, without the written consent of the recorder, wilfully

             (a)  remove, pull down, destroy or deface a claim post erected by another in accordance with these regulations;

             (b)  remove, pull down, deface or alter the inscription upon a metal claim tag that has been affixed to a claim post by another in accordance with these regulations; or

             (c)  alter, deface or obliterate the boundaries of a claim or part of the claim staked out by another in accordance with these regulations.

132/83 s12

Replacement of metal tags

     24. In the event that one or more of the metal tags issued under section 17 are inadvertently lost or destroyed, the recorder shall upon notification by the registered holder, provide replacement tags after recording the serial numbers of the tags to be replaced and the number of those tags shall not afterwards be employed to record a mineral claim.

1992 cF‑7.1 s24

Refund

     25. Unused tags purchased before March 27, 1992 may be returned to the recorder for refund.

1992 cF‑7.1 s25

Staking on Sundays and holidays

     26. A ground staked claim may be marked out in accordance with these regulations at any time including Sundays and legal holidays.

132/83 s15

Application for ground staked licences

     27. (1) A person who has staked out a claim or one on whose behalf a claim was staked out shall deliver or cause to be delivered to the recorder

             (a)  an application for a ground staked licence in the form approved by the minister which shall include an affidavit executed by the person who has staked out the claim;

             (b)  a plan or, if applications are made for a number of coterminous claims, a composite sketch satisfactory to the recorder showing the claim numbers, the corner posts, the intermediate posts, witness posts and intersection posts and their relationship to permanent topographical features in the district, the date and time of the staking and the locations and numbers of adjoining legal claims; and

             (c)  the fee prescribed by the minister.

             (2)  Notwithstanding subsection (1), when a group of coterminous claims has been staked out by one person, then a single application for a ground staked licence with respect to those coterminous claims may be accepted for up to 256 units.

             (3)  A claim for which an application for a licence has not been received by the recorder within 30 days of the staking out shall be considered not to have been staked out.

             (4)  The affidavit executed by the person who has staked out the claim required under paragraph (1)(a) shall contain a report of the staker which report shall include

             (a)  a list of the names and addresses of all persons who participated in the staking;

             (b)  a full and clear description of the method and logistics of staking the claim; and

             (c)  a declaration by the staker describing how the time of completion was confirmed.

132/83 s16; 208/92 s2; 171/93 s6

Recorder to record application

     28. (1) Where the recorder is satisfied that all the requirements of the Act and these regulations have been complied with, he or she shall record the application for the licence.

             (2)  The inclusion in a claim of more or less than the area stated in these regulations or the failure to describe or set out in the application, sketch or plan filed with the recorder under section 27 the actual area or parcel of land staked out shall not, where the recorder is satisfied that the person has attempted in good faith to comply with the Act and these regulations, invalidate the application.

132/83 s17

Claims inspections

     29. (1) Where the department conducts an inspection of claims for which an application has been received under section 27 where the claims have been recorded under section 28 or where a ground staked licence has been issued under section 22 of the Act and it is determined the claims were not staked in compliance with sections 17 to 22 to the satisfaction of the recorder, the recorder shall

             (a)  in a staking rush deal only with those applications that are acceptable under section 21 of the Act and reject all others;

             (b)  in non‑staking rush cases, will have discretion, depending on the extent of the deficiency or the frequency of deficiencies on the part of the staker or applicant to either

                      (i)  reject the application,

                     (ii)  instruct the applicant to correct the deficiencies and confirm that the deficiencies have been remedied within a specified period of time, or

                    (iii)  take other action as appropriate; and

             (c)  in cases where the licence has been issued, instruct the licensee to correct the deficiencies and confirm that the deficiencies have been remedied within a specified period of time.

             (2)  Areas

             (a)  for which applications are rejected and which are not included in the staking by competing parties in the staking rush as in paragraph (1)(a);

             (b)  where remedial staking is not completed and confirmed within the specified date as in paragraph (1)(b); or

             (c)  where the application for a ground staked licence is withdrawn,

shall be made available for restaking following the publication by the recorder of a notice in the Gazette describing the lands and those areas will be available for application in accordance with the Act as if the area had not been staked after the hour of 9:00 in the forenoon of the thirty‑second clear day after publication of the notice.

             (3)  Areas for which licences are issued and for which the licence holder fails to remedy or confirm with the recorder that the deficiencies have been remedied within the specified period of time described in paragraph (1)(c) shall be dealt with under the provision of paragraph 26(1)(b) of the Act.

171/93 s7

Fractions disposed of by minister

     30. (1) When a fraction of a claim exists between claims staked out and 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.

             (2)  The fractional claim referred to in subsection (1) shall not exceed the prescribed area and shall be coterminous to the previously mentioned claims and shall comply with section 18 to the extent possible.

165/85 s2

Work required for fractional claims

     31. Every fractional claim shall be treated as a full size claim for the purposes of calculating recording fees and assessment work requirements.

132/83 s20

Applications entered in database

     32. The recorder shall, as soon as they are received, cause to be entered into the computerized mineral rights database at the department particulars of an application for a ground staked licence which is, in his or her opinion, made in accordance with the Act and these regulations, unless a prior application in respect of the same land or a substantial portion of it is already recorded in the department and is subsisting, and the recorder shall cause the application and the sketch or plan and affidavit submitted with it to be filed in the department and every application which may be recorded under this Act shall, as soon as it is received in the department, be considered to have been recorded at the time of receipt even where the entry and filing required under this subsection are not done as soon as the application is received.

132/83 s21

Applications not recorded

     33. (1) Where an application is made for a ground staked licence and the recorder determines that all or a portion of the claim or group of claims is included in mineral rights already existing or included in areas reserved from staking, then

             (a)  the recorder shall only deal with that portion of the claims which in his or her opinion may be dealt with and where those portions are or include a fractional claim, the fractional claim shall be treated in accordance with section 31; and

             (b)  the applicant shall within 30 days of notification by the recorder restake the boundaries of those portions of claims so as to exclude areas improperly included by relocating posts or erecting new posts, all those posts to be numbered in accordance with the guidelines prescribed by the minister.

             (2)  Where all the requirements of the Act and these regulations relating to the staking and the manner of applying for a licence have been fulfilled and the application is refused, the recorder shall file the application without recording it, if so requested, and thereafter all questions relating to the application which need to be settled shall be determined in accordance with the Act.

132/83 s22

Filing not claim dispute

     34. An application filed under subsection 33(2) shall not be considered to be a dispute of an existing mineral claim for the purposes of the Act nor shall it be noted or dealt with as such, but in any case a notice of grievance may be filed in accordance with section 39 of the Act.

132/83 s23

Licence reduction and partial surrender

     35. (1) The holder of a ground staked licence may partially surrender and reduce the size of a licence during the currency of that licence by

             (a)  surrendering entire claims; or

             (b)  restaking, in accordance with section 16, 17, 18, 20 or 22 the portions of multi‑unit claims to be retained

and shall, on application made in accordance with section 27, be granted a licence or licences for the claims applied for free of charge for the unexpired term of the licence, and a portion of a deposit made in compliance with Condition 2 of the Conditions of Licence relating to the area surrendered shall be forfeit to the minister.

             (2)  The reduction of a multi‑unit claim shall utilize as nearly as possible lines joining claim posts located on opposite sides of the original claim.

             (3)  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.

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

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

132/83 s28

PART III
GROUPING OF LICENCES

Grouping of licences

     36. (1) Subject to subsections (2), (3) and (4), the holder of coterminous ground or map staked licences may convert those licences to a single ground or map staked licence provided however that no ground or map staked licence shall include more than 256 units or map staked claims.

             (2)  The date of issue of a ground or map staked licence issued under subsection (1) shall be considered to be the date of issue of the first issued ground or map staked licence converted under subsection (1), the area of which is included in the licence that is being issued to replace the converted ground or map staked licences and the provisions of the Act and these regulations shall apply as if the ground or map staked licence had been issued on the earliest date of issue.

             (3)  A person shall not be issued a ground or map staked licence under subsection (1) unless the Act and these regulations have been complied with in respect of all the ground and map staked licences that are to be converted, including the payment of a renewal fee on a licence being joined with a licence in a later renewal term.

             (4)  A ground or map staked licence issued under subsection (1) shall not include areas that at the date of conversion have been licensed for less than one year unless the first year assessment work is completed and an assessment report accepted.

208/92 s3

PART IV
EXTENDED LICENCES

Conditions of extended licence

     37. The holder of a ground staked or a map staked 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.

1992 cF‑7.1 s29

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 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 licence.

             (2)  If the licence is in an extension period under Condition 2 of the Conditions of Licence, the security deposit shall be forfeit in proportion to the reduction of the size of the licence.

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

             (4)  Applications for a reduction of the area covered by an extended ground staked licence shall be as prescribed under section 35.

132/83 s52

PART V
MINING LEASES

Survey required

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

             (2)  If the survey referred to in paragraph 31(3)(b) of the Act is not filed within the period designated in subsection (1), then the application for a mining lease shall be considered to be null and void.

             (3)  A surveyor conducting a survey under paragraph 31(3)(b) of the Act shall proceed with the survey in a manner acceptable to the recorder.

             (4)  Paragraph 31(3)(b) of the Act applies, with the necessary changes, to a survey required under this Part.

132/83 s54

Annual rental

     40. A mining lease issued under section 31 of the Act shall provide for an annual rental as set out in Schedule B.

132/83 s56

PART VI
ASSESSMENT
WORK

Notification and approval

     41. (1) A licensee or lessee who intends to conduct a detailed systematic search for minerals on areas either licensed or leased under the Act, or granted or issued by another Act must submit a description of the planned exploration work before commencing the work.

             (2)  When mineral exploration work involves mechanized activities such as diamond drilling, trenching, heavy mineral studies, airborne geophysical surveys, extensive use of off road vehicles, establishment of a camp or other activities capable of causing ground disturbance, water quality impairments or disruption to wildlife or wildlife habitat, the work shall not commence until the plan for the activity has been reviewed by the department and an exploration approval issued on those terms and conditions considered necessary and prescribed by the minister.

             (3)  Reconnaissance surveys over areas where the mineral rights are vested in the Crown and available for staking under subsection 4(1) of the Act will not require prior notification of the department except when the activities require the establishment of a camp and then only the prescribed details regarding the camp must be reported and approved.

87/95 s1

Assessment plans

     42. (1) The plans referred to in section 41 shall

             (a)  describe the equipment to be utilized and all materials to be consumed in carrying out the activity;

             (b)  identify the project supervisor, contractors and approximate number of people involved with the project;

             (c)  describe the location and planned depth of all drill holes, consumables that may be employed to complete the drilling and plans regarding removal of casing;

             (d)  describe location and dimensions of all trenching and stripping, planned date for backfilling the trenches and precautions to be taken while trenches are open;

             (e)  identify the location of all base camps and fly camps, the facilities existing or to be installed at each camp, the period of occupation and the number of people to occupy the camp;

              (f)  identify the location of all existing roads, woods roads or trails that will be used to access the site or move to and from locations within the project area;

             (g)  identify the location of all new trails to be prepared to facilitate the planned program;

             (h)  identify the location of all new grids and cut lines to be established by the planned current program.

             (2)  All information required under subsection (1) shall be identified on 1:25,000; 1:20,000; 12,500 or 1:10,000 scale maps or aerial photographs as appropriate.

             (3)  Exploration work is to be carried out without deviation from the exploration plan.

             (4)  Notwithstanding subsection (2), where the holder of an exploration approval proposes to alter the work or deviate from the plan to an extent which does not impact the environment in a significantly adverse way, the department must be informed of changes to or deviation from the approved exploration plan.

             (5)  Notwithstanding subsection (3), where the holder of an exploration approval proposes to conduct exploration work in a manner which deviates substantially from the approved exploration plan or in a manner which may significantly impact the environment, a new exploration plan shall be submitted and a revised exploration approval shall be issued before the work is undertaken.

             (6)  Notwithstanding subsection (3), where exploration work is to be conducted in sensitive environmental areas, the exploration approval shall provide that the exploration plan cannot be amended or deviated from unless a new exploration plan is submitted and a revised exploration approval issued as provided in these regulations.

87/95 s1

Camps

     43. (1) A licence of occupation under the Lands Act is required for a camp location where use or occupation of it is proposed to involve

             (a)  long term, seasonal or permanent, use and occupation of the camp;

             (b)  ground disturbance to prepare the site including but not limited to bulldozing to level an area or trenching to drain water from the site; or

             (c)  a cache of fuel or equipment left at the site for more than one year.

             (2)  Camps that require a licence of occupation will be referred to as base camps and as a minimum shall

             (a)  not be located within 30 metres of a body of water;

             (b)  have the necessary sanitation facilities in accordance with the Department of Health and Department of Environment and Labour legislation;

             (c)  have all garbage removed from the camp to an established waste disposal area, notwithstanding the permission of the owner or operator for use of the site;

             (d)  have fuel properly stored with the necessary certificates or approvals and be properly equipped to handle any spills;

             (e)  be properly equipped to fight forest fires.

             (3)  Small temporary camps involving no ground disturbance and requiring the cutting of just enough trees necessary to site or construct tents and to allow for the safe use of rotary‑winged aircraft to support the site if necessary will not require a licence of occupation.

             (4)  Camps that do not require a licence of occupation will be referred to as fly camps and may be located within 30 metres of a body of water but shall comply as a minimum with the following requirements:

             (a)  a pit privy must be located at least 25 metres from the camp in a direction away from bodies of water and shall be backfilled upon abandonment of the camp;

             (b)  dishwater and wash water shall be disposed of in a pit large enough to contain the volume of water to be discarded, located at least 30 metres away from all water bodies and the pit backfilled upon abandonment of the camp;

             (c)  all other garbage and waste shall be taken from the camp to either the supporting base camp or directly to an established waste disposal area for final disposal as frequently as possible;

             (d)  on abandonment, all equipment, building materials, unused consumable and waste brought into the camp shall be removed to either the base camp or an established waste disposal area as appropriate;

             (e)  all trees used as tent frames or foundations shall be neatly stacked in a pile or piles for salvage or reuse at a future date.

             (5)  All used consumable items, packaging, refuse and discarded material must be properly contained and handled to avoid contamination or littering of the exploration site, some materials, such as waste oil and used batteries, shall not be disposed of at a waste disposal site and must be either delivered to or collected by an approved collection service.

87/95 s1

Exploration sites

     44. (1) Where areas are to be cleared of trees to prepare access trails, those areas and operations shall comply as a minimum with the following requirements

             (a)  the trees shall be cut as close to the ground as possible to minimize ground disturbance caused by the uprooting of trees or tree stumps by movement of the equipment along the trail;

             (b)  the portions of the tree trunk larger than 9 centimetres in diameter shall be limbed and stacked at intervals along the trail for salvage or for use to corduroy sections of the trail where ground conditions warrant;

             (c)  trees and tops with trunk diameter less than 9 centimetres shall be piled to the side of the trail or lopped and scattered if conducive to reducing ground disturbance.

             (2)  Trees and slash which are cleared shall not be felled or discarded into streams or water bodies.

             (3)  The procedure described in subsection (1) must be used to clear areas for campsites, marshalling yards or lay‑down areas and in preparing a trench or a drill site.

             (4)  Where a site is to be trenched, sufficient area shall be cleared to allow excavated material to be piled and placed back into the trench without uprooting trees or having the excavated material mixed with the trees cleared from the trench site.

             (5)  Persons clearing areas under this section shall comply with all provisions of the Forestry Act and regulations under that Act.

87/95 s1

Duties upon completion

     45. (1) Upon completion of the exploration work,

             (a)  all trenches, stripped areas or sample sites shall be backfilled as soon as practical and the topsoil and organic material shall be placed on top of the backfilled trench;

             (b)  all disturbed areas including trench locations, sections of trails, drill sites and camp sites that could cause siltation into nearby bodies of water shall be stabilized with vegetation mats or have properly installed filter‑fabric barriers to avoid siltation of the water body; and

             (c)  at the end of the field season or before periods of hiatus longer than 6 months in the exploration program, all materials and equipment shall be removed from the area or properly secured at a base camp and garbage, broken equipment or other waste material shall be removed from the site to an established waste disposal area.

             (2)  At the conclusion and abandonment of an exploration project, all camps and cleared areas shall have stockpiled soil and organic material spread back over the area.

             (3)  Abandoned exploration access roads shall have installed permanent structures, culverts, retaining banks, to control potential erosion and siltation caused by the road.

             (4)  If the site is a potential illegal dump site, the road shall be permanently bared or ditched.

87/95 s1

Guidelines

     46. The minister may issue guidelines to clarify and illustrate intentions and practical implementation of this regulation and other legislation that regulate activities related to mineral exploration work.

87/95 s1

Assessment work requirements

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

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

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

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

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

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

             (2)  The holder of an extended 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

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

             (b)  for each year of the second extended term, years 11‑15, by multiplying the number of claims or units 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 or units held under the licence by $1,200.

132/83 ss30&53; 132/83 s42; 208/92 ss5&6

Acceptable expenditures

     48. (1) Expenditures upon the following activities, when carried out for the purpose of exploration and development within the area of a licence issued under these regulations, shall, subject to section 49 be credited as assessment work:

             (a)  prospecting;

             (b)  trenching, pitting and stripping;

             (c)  line cutting and flagging;

             (d)  surface and underground geological surveys;

             (e)  airborne, surface and underground geochemical surveys;

              (f)  airborne, surface and underground geophysical surveys and borehole geophysical surveys;

             (g)  photogeological and remote imagery interpretations;

             (h)  drilling and core transportation to storage facilities of the department;

              (i)  land surveys;

              (j)  topographic surveys;

             (k)  shaft sinking and other underground development work;

              (l)  engineering evaluation reports;

            (m)  beneficiation studies, analyses, assays and microscopic studies; and

             (n)  others that may be approved by the minister.

             (2)  The issuance of a mining lease shall not affect the size of the licence for the purpose of calculating the assessment work required to be done on the licence for the years during or following the issuance of the mining lease.

             (3)  Expenditures acceptable under subsection (1) and undertaken within a mining lease may be credited as assessment work for the licence of which the mining lease is a part.

132/83 s57; 165/85 s9

Report acceptable to minister

     49. The minister may reject a report of assessment work if, in his or her opinion, the work has not been performed or the report or reports have not be compiled to his or her satisfaction.

132/83 s58

Good faith compliance

     50. The minister may accept reports if he or she is satisfied that the person submitting it has attempted in good faith and to the best of his or her ability to comply with the requirements of the Act and these regulations.

132/83 s59

Evidence required

     51. Reports of assessment work or statements of expenditures required to be submitted under the Act or these regulations shall not be credited to a licensee until the evidence of that work and those expenditures has been approved and accepted by the minister.

132/83 s60

Reports not approved

     52. If the minister refuses to approve and accept the reports or statements submitted by a licensee, then he or she shall

             (a)  provide the holder with a description of the deficiencies noted; and

             (b)  either

                      (i)  allow the holder a period of time, not exceeding 30 days, in which to remedy the deficiencies and return the relevant data to the minister,

or

                     (ii)  permit the holder to apply for an extension in accordance with Condition 2 of Schedule A 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.

132/83 s61

Credit for personal work

     53. When field work is personally conducted upon the licence area by the holder of the licence 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.

132/83 s62

Distribution of assessment work

     54. When a licence holder submits the account of expenditure required under Condition 3 of Schedule A 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.

132/83 s63

Reports

     55. (1) Subject to section 50, every report submitted for assessment work pertaining to a licence and describing any one or combination of the activities listed in section 48 shall be

             (a)  a detailed logistical account of the work, including all raw data, interpretations, conclusions and recommendations in an appropriate form;

             (b)  suitable for reproduction; and

             (c)  submitted in an acceptable digital form and medium if the data was collected in or transcribed to digital form.

             (2)  Notwithstanding subsection (1), reports shall be in the form prescribed by the minister.

132/83 s64; 165/85 s10

Substantiating information

     56. The minister may require a licensee to submit to him or her the information he or she may consider necessary to substantiate the expenditures claimed.

132/83 s65

PART VII
GENERAL

Preservation of diamond drill core

     57. A person, whether a holder of mineral rights issued under the Act or these regulations or not, shall not intentionally abandon, discard, dump, destroy or otherwise reduce the original technical value of a diamond drill core or rotary drill cuttings obtained for information purposes within the province or remove them from the province, except for those sections submitted for assaying, testing, microscopic, metallurgical and beneficiation studies, without the permission of the minister.

132/83 s66

Disposal or transfer of drill core

     58. (1) All persons proposing to dispose of a diamond drill core in their possession or lodged with them for safe‑keeping, shall notify the minister of their desire to do so and upon receipt of that notification, the minister

             (a)  shall provide those persons with permission in accordance with section 57; or

             (b)  may direct his or her authorized representative to take possession of that drill core for the Crown and take other action that he or she may consider necessary.

             (2)  The actions directed by the minister under subsection (1) shall be undertaken at the expense of the Crown.

132/83 s67

Grievance notice filed

     59. (1) When a notice of grievance is served upon the minister under section 39 of the Act, the minister shall authorize the recorder to enter upon the record a note of the disputed title.

             (2)  Action shall not be taken by the recorder with respect to the disputed title pending decision by the Mineral Rights Adjudication Board and specific instructions from the minister.

132/83 s68

Defective descriptions

     60. When it has been shown to the satisfaction of the minister that the description of a licence or mining lease issued under the Act, under a predecessor Act or under these regulations is defective, then he or she may

             (a)  authorize a resurvey and revision of the description; and

             (b)  in the case of licences not requiring ground surveys, order the revision of the defective licence or the issuance of an amending document,

but that action shall not affect the effective dates of the licence or mining lease.

132/83 s69

Errors and omissions

     61. 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 stead but that action shall not affect the effective dates of the licence or mining lease.

59/95 s1

Licence surrender and cancellation

     62. (1) The recorder shall publish in the Gazette a notice describing the lands in respect of which a licence has been surrendered or considered surrendered or expired.

             (2)  Where the recorder has notified a licensee under section 26 of the Act of the cancellation of a licence, the recorder shall, after expiry of the time for filing a notice of grievance under section 39 of the Act against that cancellation or after final disposition of adjudication proceedings under section 39 of the Act, publish in the Gazette a notice describing the lands in respect of which a licence has been cancelled.

             (3)  Land affected by a surrender 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).

             (4)  Notwithstanding subsections (1) to (3), where land is or becomes a reserve, a provisional reserve or emergency reserve under the Wilderness and Ecological Reserve Act that land and the minerals in, on or under that land are unavailable for application under the Mineral Act until

             (a)  the land is no longer a reserve, a provisional reserve or an emergency reserve; and

             (b)  subsequent to that, a notice in respect of the land is published under subsection (1) and the time is after the hour of 9:00 in the forenoon of the thirty‑second clear day after that publication.

132/83 s70; 181/86 s4

Fees

     63. The fees under these regulations shall be prescribed by the minister.

1992 cF‑7.1 s30

Formal validity

     64. For the purposes of section 6 of the Act, an instrument shall not be registered by the Mineral Claims Recorder which does not comply with the requirements for formal validity set out in the Registration of Deeds Act.

165/85 s12

Repeal

      65. The Mineral Regulations, 1983, Newfoundland Regulation 132/83, are repealed.

Schedule A

             A.  LANDS REGISTERED IN CROWN LANDS REGISTRY

Fee Simple Mining Grants

 

Volume

Folio

1

101

1

103

1

105

1

52

1

61

              B.  All that piece or parcel of land situate and being on the eastern shore of St. John's Harbour in the province and being more particularly described as follows:

Commencing at a point being the southernmost point at ordinary low water in Gunners Cove, Freshwater Bay;

Then from the point of commencement so determined and running in a general northwesterly direction passing through a point being the intersection of the centre line of the Southside Road and the centre line of Job's Bridge, crossing to a point on the eastern shore of St. John's Harbour, at ordinary low water;

Then in a general northeasterly direction and following the eastern shore of St. John's Harbour to Cahill Point;

Then running by the southern shore of the Narrows in a general easterly direction to South Head;

Then running in a general southwesterly direction by the waters of St. John's Bay and by the waters of Freshwater Bay to the point of commencement.

              C.  All that piece or parcel of land, subtitled Julienne Lake, described in Schedule B to Appendix C to the Statutory Agreement annexed to the Nalco‑Javelin, Mineral Lands Act, 1957 as amended (Amdt. Nfld. Reg, 5/78).

              D.  All those pieces or parcels of land described in Appendix B to the draft Lease annexed to the Hamilton Falls Power Corporation Limited Lease Act, 1961, as amended.

              E.  All that piece or parcel of land situate and being at Conne River in the province bounded and abutted as follows:

Beginning at a point, that point being a distance of 109.80 metres from Brown and Cave Surveys, monument 168 on an azimuth of 13° 37' 27", the azimuth from monument 168 to monument 150 being 188° 35' 58" for a distance of 443.59 metres, monument 150 having co‑ordinates of north 5,304,888.150 metres and east 325,965.982 metres;

Then by Crown land 143° 05' 22" for a distance of 1,286.70 metres, 233° 04' 20" for a distance of 4,538.84 metres, 266° 44' 35" for a distance of 3,039.61 metres, 330° 05' 36" for a distance of 328.31 metres;

Then along the shoreline of the southeast, Bay D'Espoir for a distance of approximately 9,500 metres, more or less to the point of beginning and containing an area of 556 ha. All azimuths and co‑ordinates being referred to Zone 2 of the 3 degree modified Transverse Mercator Projection for the province.

              F.  All that piece or parcel of land and land under water surrounding and including the community of Rigolet in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,037,000 metres north, 432,000 metres east, then south 22,000 metres, then west 10,000 metres, then south 6,000 metres, then west 9,000 metres, then south 23,000 metres, then west 45,000 metres, then north 12,000 metres, then east 7,000 metres, then north 19,000 metres, then east 4,000 metres, then north 5,000 metres, then east 6,000 metres, then north 4,000 metres, then east 6,000 metres, then north 4,000 metres, then east 6,000 metres, then north 4,000 metres, then east 4,000 metres, then north 3,000 metres, then east 31,000 metres to the point of beginning. All bearings are referred to the UTM Grid Zone 21, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

              G.  All that piece or parcel of land and land under water surrounding and including the communities of Postville and Makkovik in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,114,000 metres north, 380,000 metres east, then south 39,000 metres, then west 17,000 metres, then south 5,000 metres, then west 3,000 metres, then south 4,000 metres, then west 3,000 metres, then south 12,000 metres, then west 3,000 metres, then south 4,000 metres, then west 3,000 metres, then south 3,000 metres, then west 3,000 metres, then south 3,000 metres, then west 4,000 metres, then south 2,000 metres, then west 3,000 metres, then south 2,000 metres, then west 9,000 metres, then north 13,000 metres, then east 2,000 metres, then north 10,000 metres, then east 11,000 metres, then north 4,000 metres, then east 3,000 metres, then north 6,000 metres, then west 3,000 metres, then north 4,000 metres, then west 3,000 metres, then north 7,000 metres, then east 2,000 metres, then north 4,000 metres, then west 6,000 metres, then north 6,000 metres, then west 10,000 metres, then south 3,000 metres, then west 3,000 metres, then south 6,000 metres, then west 5,000 metres, then south 14,000 metres, then west 20,000 metres, then north 19,000 metres, then east 9,000 metres, then north 10,000 metres, then east 10,000 metres, then north 4,000 metres, then east 3,000 metres, then north 3,000 metres, then west 3,000 metres, then north 9,000 metres, then east 11,000 metres, then north 5,000 metres, then east 6,000 metres, then north 2,000 metres, then east 16,000 metres, then north 2,000 metres, then east 15,000 metres, then south 11,000 metres, then east 13,000 metres to the point of beginning. All bearings are referred to the UTM Grid Zone 21, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

              H.  All that piece or parcel of land and land under water surrounding and including the community of Hopedale in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,194,000 metres north, 680,000 metres east, then south 51,000 metres, then west 4,000 metres, then south 13,000 metres, then west 6,000 metres, then south 3,000 metres, then west 9,000 metres, then south 4,000 metres, then west 2,000 metres, then south 9,000 metres, then west 15,000 metres, then north 2,000 metres, then west 10,000 metres, then north 6,000 metres, then west 6,000 metres, then north 10,000 metres, then west 3,000 metres, then south 3,000 metres, then west 9,000 metres, then north 4,000 metres, then west 6,000 metres, then north 15,000 metres, then east 3,000 metres, then north 8,000 metres, then east 11,000 metres, then north 4,000 metres, then east 19,000 metres, then north 3,000 metres, then east 5,000 metres, then north 3,000 metres, then east 2,000 metres, then north 9,000 metres, then east 2,000 metres, then north 19,000 metres, then east 28,000 metres to the point of beginning all bearings are referred to the UTM Grid Zone 20, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

               I.  All that piece or parcel of land and land under water surrounding and including the community of Nain in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,310,000 metres north, 632,000 metres east, then south 87,000 metres, then west 69,000 metres, then north 4,000 metres, then west 12,000 metres, then north 8,000 metres, then west 5,000 metres, then north 13,000 metres, then west 5,000 metres, then north 13,000 metres, then west 5,000 metres, then north 19,000 metres, then west 5,000 metres, then north 6,000 metres, then west 12,000 metres, then north 23,000 metres, then east 18,000 metres, then north 5,000 metres, then east 15,000 metres, then south 9,000 metres, then east 24,000 metres, then north 11,000 metres, then east 6,000 metres, then north 7,000 metres, then east 20,000 metres, then south 13,000 metres, then east 30,000 metres to the point of beginning. All bearings are referred to the UTM Grid Zone 20, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

               J.  All that piece or parcel of land and land under water surrounding and including Okak Bay and Okak Islands in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,390,000 metres north, 586,000 metres east, then south 31,000 metres, then west 29,000 metres, then north 3,000 metres, then west 10,000 metres, then south 3,000 metres, then west 14,000 metres, then north 3,000 metres, then west 4,000 metres, then north 3,000 metres, then west 3,000 metres, then north 3,000, then west 3,000 metres, then north 11,000 metres, then east 15,000 metres, then north 4,000 metres, then east 10,000 metres, then north 4,000 metres, then east 4,000 metres, then north 3,000 metres, then east 34,000 metres to the point of beginning. All bearings are referred to the UTM Grid, Zone 20, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

              K.  All that piece or parcel of land and land under water surrounding and including Hebron Fiord in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,450,000 metres north, 534,000 metres east, then south 15,000 metres, then west 30,000 metres, then south 5,000 metres, then west 3,000 metres, then south 3,000 metres, then west 2,000 metres, then south 4,000 metres, then west 9,000 metres, then south 3,000 metres, then west 17,000 metres, then north 9,000 metres, then east 3,000 metres, then north 4,000 metres, then east 4,000 metres, then north 7,000 metres, then east 4,000 metres, then north 3,000 metres, then east 5,000 metres, then north 4,000 metres, then east 4,000 metres, then north 4,000 metres, then east 10,000 metres, then north 3,000 metres, then east 6,000 metres, then north 3,000 metres, then east 17,000 metres, then south 7,000 metres, then east 8,000 metres to the point of beginning. All bearings are referred to the UTM Grid Zone 20, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

              L.  All that piece or parcel of land and land under water surrounding and including Saglek Fiord in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,500,000 metres north, 528,000 metres east, then south 20,000 metres, then west 4,000 metres, then south 4,000 metres, then west 7,000 metres, then south 2,000 metres, then west 12,000 metres, then south 3,000 metres, then west 3,000 metres, then south 3,000 metres, then west 7,000 metres, then south 3,000 metres, then west 9,000 metres, then north 5,000 metres, then west 3,000 metres, then south 5,000 metres, then west 3,000 metres, then south 3,000 metres, then west 3,000 metres, then south 3,000 metres, then west 3,000 metres, then south 4,000 metres, then west 14,000 metres, then north 13,000 metres, then east 3,000 metres, then north 3,000 metres, then east 3,000 metres, then north 3,000 metres, then east 3,000 metres, then north 3,000 metres, then west 3,000 metres, then north 10,000 metres, then east 3,000 metres, then north 5,000 metres, then east 21,000 metres, then north 3,000 metres, then east 4,000 metres, then north 5,000 metres, then east 34,000 metres, to the point of beginning. All bearings are referred to the UTM Grid, Zone 20 NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

             M.  All that piece or parcel of land and land under water surrounding and including the community of Davis Inlet in the province and being described as follows:

Beginning at a point that point having UTM co‑ordinates of 6,208,000 metres north, 652,000 metres east, then south 29,000 metres, west 58,000 metres, then north 29,000 metres, then east 58,000 metres to the point of beginning. All bearings are referred to the UTM Grid Zone 20, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and ares or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

              N.  All that piece or parcel of land and land under water surrounding and including the community of Sheshatshiu in the province being described as follows:

Beginning at a point that point having UTM co‑ordinates of 5,934,000 metres north, 698,000 metres east, then south 17,000 metres, then west 11,000 metres, then north 3,000 metres, then west 4,000 metres, then north 3,000 metres, then west 5,000 metres, then north 3,000 metres, then west 5,000 metres, then north 3,000 metres, then west 4,000 metres, then north 3,000 metres, then west 5,000 metres, then north 3,000 metres, then west 4,000 metres, then north 16,000 metres, then east 7,000 metres, then south 3,000 metres, then east 5,000 metres, then south 4,000 metres, then east 4,000 metres, then south 3,000 metres, then east 4,000 metres, then south 2,000 metres, then east 4,000 metres, then south 1,500 metres, then east 4,000 metres, then south 3,500 metres, then east 10,000 metres to the point of beginning. All bearings are referred to the UTM Grid Zone 20, NAD 27. Reserving nevertheless out of the above described parcel of land all that area covered by map staked licences, portions of map staked licences and areas or portions of areas for which applications for map staked licences have been received before the effective date of this regulation and for which issuance of a map staked licence is pending.

              O.  Lands described in paragraph J of this Schedule will be open after 9:00 a.m. on the thirty‑second day after October 11, 1996, with the exception of 159.8 hectares issued as a mining lease to Atlantic Gypsum Resources Inc. and more particularly described on NTS sheet map 12B/7 kept on file at the Department of Mines and Energy.

132/83 Sch I; 240/83 s1; 271/83 s1; 104/84 s1; 263/84 s1; 26/85 s1; 72/85 s1; 26/86 s1; 70/86 s1; 181/86 s5; 188/86 s1; 266/86 s1; 106/87 s1; 112/87 s1; 202/87 s2; 170/88 s1; 272/88 s1; 93/89 s1; 186/92 ss1&2; 49/94 s1; 152/94 ss1&2; 170/94 s1; 202/94 s1; 3/95 s1; 10/95 s1; 79/95 s1; 87/95 s1; 91/96 s2


Schedule B

Fees

 

Reference in the Regulations

 

Subject

Fee

Section 40

Annual rental for mining lease

$40/ha.

1992 cF‑7.1 s31; 47/96 s1

(Includes correction of Aug. 31/01)