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MINERAL TENURE AND COAL ACTS AMENDMENTS IN FORCE Notice to Private Land Owners Required Before
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VICTORIA – Amendments to the Mineral Tenure and Coal Acts will be put in force on June 2, 2008, adding requirements to ensure free miners/mineral developers provide notice to private land owners and Crown land leaseholders before they enter the property to start any type of mining or exploration activity. Industry is being given notice of these changes at this time, so that companies can incorporate the new rules into upcoming exploration plans.
The Mineral Tenure Act and the Coal Act provide for
the administration of the Province’s mineral and coal rights. The two
amendments are meant to reduce the potential for conflict between free
miners/mineral developers and land holders by promoting and facilitating open
communication between the parties.
The amendment to the Mineral Tenure Act requires
people who explore for minerals (“free miners”) and mineral developers to
provide notice to private land owners and people holding Crown land leases or
grants before entering the property to commence any mining or exploration
activity. The Coal Act amendment
ensures that the notice, content and delivery methods are consistent between
the Mineral Tenure and Coal Acts.
The notice will advise the landowner of the free
miner/mineral developers’ statutory right of entry under the Acts, and inform
the owner about the timing, scope and nature of activity to be done on the
property.
Since November 2006, ministry staff have been
consulting on the changes with industry and land-holder stakeholders. They have
also sought advice from other parties who contribute expertise and best
practices based on their own experiences interacting with resource developers
and land-holders.
The amendments strike a balance between promotion of economic growth through access to land for mineral exploration and development, and the recognition of land-holder’s interests regarding the enjoyment and use of their property. They complement the legislative restriction that the right of entry does not extend to land occupied by a building, the curtilage of a dwelling house, orchard land, land under cultivation, protected heritage property or land in a park.
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Public Affairs Officer Ministry of Energy, Mines and Petroleum Resources 250 952-0628 250 213-6934 (cell) |
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