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Statutes of Newfoundland 1992


CHAPTER 41

CHAPTER 41

AN ACT TO AMEND THE MINERAL ACT

(Assented to December 23, 1992)

Analysis

1. S.4 Amdt.
Application

2. S.5 Amdt.
Report of search

3. S.21 Amdt.
Application for licence; acceptance

4. S.27 R&S
Effect of surrender

5. S.28 Amdt.
Extension of licence

6. S.41 Amdt.
Regulations

7. S.44 Amdt.
No compensation

8. Sch. Amdt.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cM-12 as amended

1. (1) Subsection 4(1) of the Mineral Act is amended by repealing paragraph (a) and by renumbering paragraphs (b) and (c) as paragraphs (a) and (b).

(2) Section 4 of the Act is amended by deleting the reference to "paragraph (1)(b)" wherever it appears and substituting a reference to "paragraph (1)(a)".

2. Subsection 5(4) of the Act is repealed and the following substituted:

(4) A person who intends to conduct a search for minerals that may result in major ground disturbance or disruption to wild life or wild life habitat shall submit a summary describing the planned activity for the department's approval before the beginning of the activity and an exploration permit as prescribed by the regulations shall be required for those projects that the department considers will adversely affect wild life or its habitat.

3. Paragraph 21(1)(c) of the Act is repealed and the following substituted:

(c) in the case of an application for a map staked licence or reserved area licence, the applicant has complied with all the provisions of the regulations respecting

(i) the accompanying security deposit, and

(ii) the procedures to be followed when submitting applications;

4. Section 27 of the Act is repealed and the following substituted:

Effect of surrender

27. (1) Where a licence, lease or grant is surrendered, has been cancelled, has lapsed or expired under this or another Act, or where part of the land contained within the area of a licence, lease or grant is surrendered, the rights to it are cancelled or have lapsed or expired, all the minerals in, on or under the land affected by the cancellation, surrender, lapse or expiry following the disposition of adjudication proceedings to which the licensee, lessee or owner is entitled to under section 39, are available for application in accordance with this Act as if no licence, lease or grant had been issued in respect of that land.

(2) Land shall not be made available for application under subsection (1) until after the expiry of a period of publication or display by the recorder of the surrender, cancellation, lapse or expiry of land, that may be prescribed by regulation.

5. Subsection 28(2) is repealed and the following substituted:

(2) Notwithstanding subsection (1), an extension of the term of a licence shall not be granted under this section unless the licensee has complied with all the terms, provisions and conditions of the licence during its currency and has either filed with the recorder a report of the assessment work and account of expenditures required by Condition 3 of the Schedule for the 5th year of the term of the licence, or has been granted an extension under Condition 2 of the Schedule.

6. (1) Paragraph 41(c) of the Act is amended by deleting the phrase "paragraph 4(1)(c)" and substituting the phrase "paragraph 4(1)(b)".

(2) Paragraph 41(e) of the Act is amended by deleting the word "and" at the end of subclause (iii), by deleting the semicolon and substituting a comma and the word "and" at the end of subclause (iv) and by adding the following immediately after subclause (iv):

(v) the procedures, limitations and the manner of map staking;

(3) Paragraphs 41(q) and (r) of the Act are amended by renumbering them as paragraphs (s) and (t).

(4) Section 41 of the Act is further amended by adding immediately after paragraph (p) the following:

(q) prescribing the practices and procedures that shall be followed in order to reduce and rehabilitate the environmental impact of exploration activities;

(r) prescribing the activities for which an exploration permit is required and satisfying the procedures, conditions and requirements for an exploration permit;

7. Section 44 of the Act is amended by deleting the reference to "paragraph 4(1)(b)" wherever it appears and substituting a reference to "paragraph 4(1)(a)".

8. (1) Condition 2 of the Schedule is amended by adding immediately after subsection (2) the following:

(3) The expiry date of the licence means the 20th year of the licence or the 5th year of the 3rd extended term.

(4) Where a company has to apply for an extension of time as a result of delays caused by environmental considerations imposed under the exploration permit the requirement for the delivery of a deposit shall be waived on the request of the licensee.

(2) Condition 6 of the Schedule is amended by deleting the phrase "which the licence exists with" and by substituting the following phrase "the next 9 years with".

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