Revised Statutes of Newfoundland 1990 Chapter Q-1

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Revised Statutes of Newfoundland 1990

CHAPTER Q-1

AN ACT RESPECTING THE ACQUISITION OF RIGHTS TO QUARRY MATERIALS WITHIN THE PROVINCE
Analysis

1. Short title

2. Interpretation

3. Crown bound

4. Limitation on removal of quarry materials

5. Royalties collectible on illegal removal

6. Exploration licence

7. Quarry permit

8. Quarry leases

9. Power to prescribe royalties

10. Registers

11. Orders to be published

12. Regulations

13. Title to quarry materials unaffected

Short title

1. This Act may be cited as the Quarry Materials Act.

1975-76 No45 s1

2. (1) In this Act

(a) "beach" means, in respect of a place on tide waters, the space over which the tide usually ebbs and flows and includes land

(i) lying within 300 meters landward from the ordinary high-water mark at that place, or

(ii) lying within a lesser distance landward from that place until the elevation of the land reaches a height of 8 meters above the high-water mark;

(b) "minister" means the Minister of Mines and Energy;

(i) clay, sand, gravel, stone, topsoil, soil, marl, peat and peat moss, and

(ii) a mineral rock or stone capable of being cut or polished for use as an ornament, personal adornment or decoration; and

(d) "recorder" means the mineral claims recorder appointed under the Mineral Act.

(2) For the avoidance of doubt, where before 1952 there was a conveyance of Crown land by way of a grant to a person and the grant excepts from the conveyance minerals in, on or under the land, the reference to minerals in the grant shall be considered to include quarry materials.

1975-76 No45 s2; 1978 c70 s1; 1984 c10 s1;
1987 c28 Sch C item 4; 1989 c17 s1; 1989 c23 Sch B

3. The Crown is bound by this Act.

1989 c17 s2

4. (1) A person shall not excavate, dig for, remove, take or carry away quarry material, the title to which is vested in the Crown wherever located within the province except in accordance with a permit or lease issued or continued under this Act.

(2) A person who violates subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $1,000 or to a term of imprisonment not exceeding 6 months or to both a fine and imprisonment.

1975-76 No45 s4; 1989 c17 s3

5. (1) Notwithstanding that a person has excavated, dug for, removed, taken or carried away quarry material in contravention of section 4 and has been or is being prosecuted for doing so, that person is liable to and shall pay to the Crown an amount equal to the amount of royalties that would be payable in respect of that quarry material had the material been excavated, dug for, removed, taken or carried away under a valid permit issued under this Act.

(2) An amount owing under this section may be recovered as a debt due to the Crown by action in a court.

1978 c70 s2; 1989 c17 s4

6. (1) Subject to regulations that may be made by the Lieutenant-Governor in Council, the minister may issue to an applicant for a quarry permit under section 7 an exclusive exploration licence to explore for quarry material on lands in respect of which a permit may be issued under that section.

(2) An exploration licence under this section confers no right to remove quarry material except for the purpose of sampling, assaying and testing.

(3) A person holding an exploration licence does not contravene section 3 where he or she only removes quarry material for the purpose of sampling, assaying and testing.

1978 c70 s2

7. (1) The minister may have the recorder issue to a person a permit to dig for, excavate, remove and dispose of quarry materials, the title to which is vested in the Crown, for a period not exceeding 1 year where

(a) an application for that permit, in a form satisfactory to the minister, is deposited with the recorder;

(b) the application is accompanied by a fee that the Lieutenant-Governor in Council may order; and

(i) a beach, or

(ii) an area which is an established quarry under the control and direction of the Department of Works, Services and Transportation,

a plan in form and size acceptable to the recorder showing the area of land over which the permit is required is submitted with the application.

(2) A permit issued under this section

(a) must describe the area of land to which it applies;

(b) is subject to terms and conditions that the minister may prescribe; and

(c) is subject to the payment of an amount by way of royalty as may be contained either specially or generally in the permit either

(i) in advance, where the permit governs the removal of a specified quantity of quarry material or class of them, for which a specific royalty has been fixed under section 9, or

(ii) within 2 months following the termination of the permit in another case.

(3) A permit issued under this section is not assignable or renewable.

1975-76 No45 s5

8. (1) The minister may issue a lease of quarry materials containing terms and conditions imposed by the minister for a term not exceeding 20 years to

(a) the holder of a permit issued under section 7 where application is made for the lease not later than 90 days before the expiration of the permit; or

(b) an applicant for a long term lease as defined by terms and conditions prescribed by the regulations.

(2) A quarry lease shall not be issued in respect of quarry materials

(a) in or on a beach; or

(b) in an area which is an established quarry under the control and direction of the Department of Works, Services and Transportation.

(3) A lease issued under this section

(a) confers upon the lessee the right to dig for, excavate, remove and dispose of those quarry materials described in the lease;

(b) is subject to the payment of rent that the Lieutenant-Governor in Council may fix for the area of land described in the lease;

(d) may be renewed by the minister for a term not exceeding 20 years for each renewal and subject to those additional terms, conditions, payment of fees, rentals or royalties that the minister may fix; and

(e) is subject to cancellation by the minister where the lessee fails to pay the rent or royalty, commits an offence under this Act, or is in breach of a condition of the lease which is not remedied to the satisfaction of the minister.

(4) A lease shall not be issued under this section until the person applying for the lease files with the recorder a plan together with survey notes, calculation and description of the area to be covered by the lease prepared and certified by a qualified surveyor.

1975-76 No45 s6; 1989 c17 s5

9. (1) The Lieutenant-Governor in Council may, by order, set amounts payable by way of royalty, either generally, or specifically with respect to the quantities of a quarry material or class of quarry material, for the purposes of the issuing of permits and leases under this Act.

(2) The holder of a permit or lease issued under this Act shall keep and maintain a record of quarry materials excavated and removed from the area of land covered by the permit or lease and shall, upon demand of an officer authorized by the minister, make those records available for inspection for the purpose of calculation of a royalty set under subsection (1).

(3) A person who fails to keep and maintain the records required by subsection (2), or to produce records on demand as permitted by that section, is guilty of an offence and is liable on summary conviction to a fine not exceeding $1,000 or to a term of imprisonment not exceeding 6 months or to both a fine and imprisonment.

1975-76 No45 s7

10. The recorder shall keep a register containing particulars of permits and leases issued under this Act and the register is open for public inspection during normal office hours.

1975-76 No45 s8

11. An order permitted by this Act to be made by the Lieutenant-Governor in Council shall be published in the Gazette.

1975-76 No45 s9

12. The Lieutenant-Governor in Council may make regulations

(a) prescribing the form of applications and the information required with those applications;

(b) respecting the terms and conditions of permits, leases and renewal of leases;

(c) providing for the restoration and rehabilitation of areas from which quarry materials are removed, taken or carried away, as well as providing for surety for them;

(d) restricting the extent of land to which permits or leases apply;

(e) prescribing amounts payable by way of fee, rent or royalty;

(f) respecting the form and contents of records required by subsection 9(2);

(g) providing for the exclusion of areas from which quarry materials may be removed, taken or carried away;

(h) prescribing additional powers, functions and duties of the recorder;

(i) providing for the rectification of minor or typographical errors in permits or leases; and

(j) generally, to give effect to the purpose of this Act.

1977 c33 s1; 1989 c17 s6

13. (1) Nothing in this Act affects the title of a person to quarry material validly acquired in accordance with the law existing at the date of acquisition.

(2) Notwithstanding the Interpretation Act, a permit or lease issued under sections 83, 85 and 88 of The Crown Lands (Mines and Quarries) Act, the Act repealed by the Mineral Act, continues to exist in accordance with the law in force before July 12, 1977 during the currency of that permit or lease, but section 8 of this Act applies following the termination of a permit issued under that section 83.

1975-76 No45 s10