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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER O-8

AN ACT DESIGNED TO FACILITATE THE OPERATIONS OF CERTAIN MINING COMPANIES IN LABRADOR

Analysis

1. Short title

2. Certain persons from obtaining injunction

Schedule


Short title

1. This Act may be cited as the Ore-Treatment Tailings Disposal Act.

RSN1970 c282 s1

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Certain persons from obtaining injunction

2. (1) Where a person who is an owner, occupier or user of land, under right of a title given before April 15, 1965, within the areas mentioned in the Schedule takes an action against a company mining iron ore for commercial purposes in Labrador because of the injurious affection of the land by ore-treatment tailings deposited in or penetrating to the waters adjoining that land, the owner, occupier or user shall not be entitled in that action to an injunction or another remedy which would have the effect of stopping or interrupting the dumping of ore-treatment tailings by that company.

(2) Nothing in subsection (1) prevents an owner, occupier or user from obtaining another remedy to which he or she is entitled at law.

(3) A person who is an owner, occupier or user of land, under right of a title given after April 15, 1965, within the area mentioned in the Schedule shall not take an action against a company mining iron ore for commercial purposes in Labrador because of the injurious affection of the land by ore-treatment tailings deposited in or penetrating to the waters adjoining that land, and this limitation shall apply whether or not the limitation is written in a grant, lease or licence issued after April 15, 1965.

(4) "Ore-treatment tailings" in this Act means the discarded mineral material remaining after a mechanical separation process designed to increase or concentrate the iron content of the iron ore, whether a percentage of iron ore remains in those tailings or not.

RSN1970 c282 s2

 

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Schedule

The areas referred to in section 2 of this Act shall be:

(1) that area enclosed between the shoreline and a line drawn at a distance of 1/4 of a mile landward from the shoreline of the following waters: Wabush Lake and its extension towards Shabogamo Lake from the narrowest part of the channel joining Little Wabush Lake to Wabush Lake and then generally northward and eastward to the narrowest part of the channel through which waters flow eastward into Shabogamo Lake at the intersection of the parallel of north Latitude at 53 07' 42" with the meridian of west longitude 66 39' 03"; and

(2) that area being a strip of land 1/4 of a mile wide situated outside of and adjoining the area described in Schedule A to the Indenture dated May 15, 1962, which constitutes a Licence issued to Newfoundland and Labrador Corporation, Limited, to deposit tailings in the so-called Flora Lake basin.

RSN1970 c282 Sch

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