Mining and mining rights in Newfoundland and Labrador
Mining grades in the
Property of minerals
Title of minerals in
In addition to the tenure system created by the Minerals Act, in certain circumstances, the parties may hold mineral rights under historic land grants in fee simple. Although modern Canadian land grants generally exclude grants of underground mineral rights (they are, in turn, often governed by a separate mineral tenure system), historic grants have not always followed this practice. Holders of these lands in fee simple may therefore own both surface and underground mineral rights, and these rights may be held in perpetuity. A number of these historic grants still exist in
Mining licenses are issued by the Minister of Industry,
In accordance with article 6 of the Minerals Act, a license may be transferred at any time during its term by sending an original duly signed transfer to the Registrar of Mining Claims. Any number of coincident map-staked permits may be aggregated to form a single permit, provided the number of aggregated claims does not exceed 256 map-staked claims, the permits are in good standing and held by the same person or company, no extension under article 28.1 of the Minerals Act are active and first year evaluation reports are submitted and accepted.
Upon expiration of a mining permit, the holder may request to convert the mining permit into a
Mining licenses are subject to the terms and conditions set out in the appendix to the Minerals Act and, pursuant to paragraph 22(3)(b) of the Minerals Actsuch other terms and conditions as may be set out in the license or as may be prescribed by regulation.
Pursuant to subsection 31(1) of the Minerals Actprovided that the equivalent of the first three years of assessment work has been completed and acceptable reports have been submitted, a licensee is at any time entitled to be issued a
Although the terms of the mining lease require a lessee to commence mining production within 5 years from the date of issuance of the mining lease, the Minister of Industry,
Pursuant to subsection 31(2) of the Minerals Actthe initial term of a
In order to develop a mineral resource, it is also necessary to obtain an assignment of surface rights in accordance with Article 33 of the Minerals Act to the area necessary to allow the lessee to implement the obligations imposed on it under the Lease and to carry out mining exploration, mining operations or the processing and development of minerals in, on or under the covered land by the Mining Lease (hereinafter referred to as a “Surface lease“). The term of a Surface Lease shall not extend beyond the period covered by the Mining Lease for which the Surface Lease is issued.
Subparagraph 31(5)(b)(i) of the Minerals Act provides that a mining lease is subject to the condition that a lessee pay in advance an annual rent of an amount prescribed by regulation for the area of land to which the lease is to apply. The annual rent requirement is also mentioned in section 40 of the Regulations, which states that a
Before issuing a
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The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
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