This is an official version.
Copyright © 2008: Queen's Printer,
Statutes of Newfoundland and Labrador 2008
AN ACT TO AMEND THE MINERAL ACT
S. 14 Amdt.
6. S.20 Amdt.
12. S.30 Amdt.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. (1) Paragraph 2(1)(e) of the Mineral Act is amended by striking out the reference "paragraph 7(1)(a)" and substituting the reference "subsection 7(1)".
(2) The Act is amended by repealing paragraph 2(2)(a) and substituting the following:
(a) to a licence is a reference to a map staked licence issued or extended under this Act; and
2. Section 3 of the Act is repealed.
3. Subsection 7(1) of the Act is repealed and the following substituted:
Classification of lands
7. (1) This Act applies to lands which are lands open to staking, that is to say, lands in respect of which the recorder has a duty to issue to a person with respect to the minerals in, on or under those lands a map staked licence if the provisions of this Act and the regulations for issuing the licence are complied with.
4. Section 9 of the Act is repealed.
5. Subsection 14(1) of the Act is amended by striking out the comma after the word "prospecting" and by striking out the words "exploring or staking" and substituting the words "or exploring".
6. Section 20 of the Act is amended by striking out the words "ground staked licence and" and substituting the word "a".
7. (1) Paragraph 21(1)(c) of the Act is amended by striking out the words and comma "in the case of an application for a map staked licence,".
(2) Paragraph 21(1)(d) of the Act is repealed.
(3) Section 21 of the Act is amended by adding immediately after subsection (2.1) the following:
(2.2) Notwithstanding subsection (2), where an area is made available for staking following rescinding of a regulation under paragraph 4(1)(b) or a notice under section 27, applications for licences for portions or all of the area coming open for staking may be submitted under subsection (1).
(4) Subsections 21(3) and (4) of the Act are repealed.
8. Subsection 22(4) of the Act is repealed.
9. Subsection 25(1) of the Act is amended by adding the word "and" at the end of the paragraph (a) and by repealing paragraph (b).
10. Subsection 25.1(1) of the Act is repealed and the following substituted:
25.1 (1) The holder of a licence may at any time during the currency of the licence request to have the licence split into 2 or more smaller licences and new sketches for the smaller licences shall be submitted by the licence holder.
11. Paragraph 28(1)(b) of the Act is amended by striking out the words "tagged and physically staked in the manner required by paragraph 21(1)(d) or within the boundaries of the original description contained in the licence" and substituting the words "surrendered as provided for under section 25".
12. Subsection 30(2) of the Act is amended by striking out the words "ground staked".
13. (1) Subsection 31(3) of the Act is amended by striking out the word "and" at the end of paragraph (b) and by adding immediately after paragraph (b) the following:
(b.1) the person has demonstrated to the satisfaction of the minister, including through the confirmation of a qualified person, the existence of a mineral resource that is of sufficient size and quality to be potentially economic;
(2) Subsection 31(3) of the Act is amended by striking out the period at the end of paragraph (c) and substituting a semi-colon and the word "and", and by adding immediately after that paragraph the following:
(d) the lease covers the minimum area necessary to cover the identified resource.
(3) Section 31 of the Act is amended by adding immediately after subsection (3) the following:
(3.1) A "qualified person" referred to in paragraph (3)(b.1) is a person who
(a) is an engineer or geoscientist with at least 5 years of experience in mineral exploration, mine development or operation or mineral project assessment or a combination of these,
(b) has experience relevant to the subject matter of the mineral project and the technical report, and
(c) is a member in good standing of a professional association for engineers or geoscientists.
(4) Paragraph 31(5)(d) of the Act is amended by adding immediately after the word "may" a comma and the words and comma "only if the lessee is in full compliance with the terms of the lease,".
14. Section 32 of the Act is amended by striking out the word "shall" and substituting the word "may".
15. Section 33 of the Act is amended by striking out the words "Lieutenant-Governor in Council" wherever they occur and substituting the words "minister in consultation with the minister appointed under the Executive Council Act to administer the Lands Act".
16. Section 36 of the Act is repealed and the following substituted:
Right to move chattels and structures
36. (1) Upon the termination or cancellation of a demise of surface or other rights granted under section 33, the holder of the demise may take from the land to which it relates
(a) machinery, chattels and other personal property within 6 months after the date of termination or cancellation or within the extended period that may be fixed by the minister; and
(b) a structure within 12 months after the date of termination or cancellation.
(2) Any property or structure referred to in subsection (1) which remains on the land after the expiration of the period permitted by that subsection for removal becomes the property of the Crown.
(3) No compensation is payable by the Crown to the holder of the demise referred to in subsection (1) for any property or structure referred to in that subsection which becomes the property of the Crown under subsection (2).
(4) Where the minister incurs an expense
(a) in rehabilitating the surface of land demised under section 33 or subject to a mining lease under section 31 where a lessee fails to do so as required by the terms of his or her lease; or
(b) in disposing of or removing property or structures referred to in subsection (2),
the expense constitutes a debt due the Crown.
17. Paragraph 38(1)(b) of the Act is repealed.
18. (1) Subparagraph 41(e)(iv) of the Act is repealed.
(2) Paragraph 41(p) of the Act is amended by striking out the words "ground staked".
©Earl G. Tucker, Queen's Printer