METALLIC AND INDUSTRIAL MINERALS TENURE REGULATION

Transcription

1 Province of Alberta MINES AND MINERALS ACT METALLIC AND INDUSTRIAL MINERALS TENURE REGULATION Alberta Regulation 145/2005 With amendments up to and including Alberta Regulation 174/2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law

3 (Consolidated up to 174/2014) ALBERTA REGULATION 145/2005 Mines and Minerals Act METALLIC AND INDUSTRIAL MINERALS TENURE REGULATION Table of Contents 1 Definitions 2 Agreement exemption, rental exemption 3 Prospecting Part 1 Permits 4 Application for permits 5 Rights conveyed by permit 6 Term of permit 7 Area and boundaries of location 8 Assessment work requirements 9 Mineral assessment appointee 10 Intent to file or mineral assessment report 11 Statement of intent to file 12 Submission of mineral assessment report 13 Grouping of permits 14 Timing of applying for a permit group 15 Amendment of permit group 16 Group permit expiry 17 Mineral assessment report specifications 18 Unacceptable mineral assessment expenditures 19 Mineral assessment report deficiencies 20 Selection of permits and allocation of expenditures 21 Retention of permits 22 Application of excess spending requirements 23 Expenditures of less than minimum requirements 24 Area reduction 25 Payment in lieu of expenditure 26 Extension of work period 27 Confidentiality of assessment work report

4 TENURE REGULATION Part 2 Licences Recreational Placer Mining 28 Definitions 29 Restriction on placer mining 30 Application for licence 31 Rights conveyed by licence 32 Terms of licence 33 Prohibitions re placer mining 34 Prohibited location 35 Operations re Class C and Class D water bodies 36 Operations re Class A and Class B water bodies Part 3 Leases 37 Issue of leases 38 Application for lease 39 Rights conveyed by lease 40 Area and boundaries of location 41 Term of lease 42 Notice respecting production or development Part 4 Secondary Mineral Leases Commercial Mining as a Secondary Activity 43 Interpretation 44 Application for secondary mineral lease 45 Rights conveyed by secondary mineral lease 46 Location 47 Term Part 4.1 Subsurface Reservoir Leases 47.1 Definitions 47.2 Subsurface reservoir lease 47.3 Application for reservoir lease 47.4 Issuance of subsurface reservoir lease 47.5 Obligations under lease 2

5 Section 1 TENURE REGULATION Part 5 General 48 Cores, cuttings requirements 49 Property of the Crown 50 Order in Council for mining Part 6 Repeal and Expiry 51 Repeal 52 Expiry Schedule Definitions 1 In this Regulation, (a) assessment work means a geological, geochemical, geophysical or geotechnical study, investigation, reconnaissance or survey undertaken to establish the geology of a given area or to ascertain the nature, quality or extent of a metallic and industrial mineral in the area, and includes any work leading to the development of a metallic and industrial mineral; (b) assessment work period means (i) a 2-year period of the term of a permit, or (ii) any portion of a 2-year period that remains at the end of an extended work period; (c) designated representative means a person designated as described in section 29 of the Act; (d) extended work period means an assessment work period that is extended by the Minister pursuant to section 26; (e) former lease means (i) a metallic mineral lease issued under Part 7 of the Mines and Minerals Act, RSA 1980 cm-15, and the Metallic Minerals Regulation (AR 246/84), and (ii) a lease issued under the Metallic and Industrial Minerals Regulation (AR 66/93); 3

6 Section 1 TENURE REGULATION (f) former permit means a metallic mineral exploration permit issued under the Metallic and Industrial Minerals Regulation (AR 66/93); (g) lease means a metallic and industrial minerals lease issued under this Regulation or under the Act; (h) lessee, permittee and holder of a secondary mineral lease include the designated representative for a lease, licence or permit unless, from the express wording of a provision, it is apparent that those terms are restricted to the holder of a lease, permit or secondary mineral lease; (i) licence means a metallic and industrial minerals licence issued under this Regulation or under the Act; (j) metallic and industrial minerals means minerals within the meaning of section 1(1)(p)(i) of the Act that are vested in or belong to the Crown in right of Alberta but does not include petroleum, asphalt, bituminous sands, oil sands, natural gas, coal or ammonite shell; (k) mineral assessment appointee means a person determined to be a mineral assessment appointee in accordance with section 9; (l) mineral assessment report means administrative and technical documents, writings, materials and data described in the Schedule that comply with the requirements of section 17 and the Schedule and are submitted in accordance with section 10(a); (m) permit means a metallic and industrial minerals permit issued under this Regulation, the Metallic and Industrial Minerals Regulation (AR 66/93), or the Act; (n) permit group means a grouping of permits that is approved by the Minister pursuant to section 13; (o) placer deposit means a surficial deposit contained in sand, gravel or similar material, formed by a natural mechanical concentration of mineral particles, and composed of heavy minerals including, but not limited to, gold, silver, platinum group metals or precious stones; (p) placer mineral means a metallic and industrial mineral that is being or may be obtained by placer mining; (q) placer mining means a method or technique of surface operation other than gold panning whereby a placer deposit is worked for the purpose of obtaining or 4

7 Section 2 TENURE REGULATION producing a placer mineral and the activities associated with such a surface operation including, but not limited to, the pumping of water, the discharge of water and the excavation of material; (r) prospect means to search for a metallic and industrial mineral using hand-held implements or instruments in a manner that does not, in the opinion of the Minister, cause significant surface disturbance; (s) secondary mineral lease means a lease issued under Part 4; (t) sluicebox means an inclined trough containing obstructions in the bottom that is used in placer mining to concentrate metallic and industrial minerals; (u) statement of intent to file means a statement described in sections 10 and 11; (v) work period means an assessment work period or an extended work period. Agreement exemption, rental exemption 2(1) This Regulation does not apply to any agreement made or entered into by the Minister under (a) section 9(a) of the Act, (b) section 13(2)(a) of the Mines and Minerals Act, RSA 1980 cm-15, as it read before the coming into force of the Mines and Minerals Amendment Act, 1983, or (c) section 14(b) of The Mines and Minerals Act, RSA 1970, c238. (2) Despite section 20(3) of the Mines and Minerals Administration Regulation (AR 262/97), no rental is payable in respect of a licence, a permit or a secondary mineral lease. Prospecting 3(1) Subject to subsection (2), a person may prospect for a metallic and industrial mineral without being the holder of a permit, licence, secondary mineral lease or lease. (2) No person shall prospect on land on or near an active well, mine, pit or quarry, including, but not limited to, 5

8 Section 4 TENURE REGULATION (a) within that part of the location of an agreement issued under the Mines and Minerals Act to which the holder of the agreement has been granted surface access to the mineral rights granted by the agreement under a disposition granted under the Public Lands Act or by an owner of private land or the owner s agent, (b) within the surface mineable area of the location of a scheme or operation approved by the Energy and Utilities Regulator under the Oil Sands Conservation Act, (c) at a site or location for which a licence to mine coal has been issued by the Energy and Utilities Regulator under the Coal Conservation Act, or (d) on public land within the location of a surface material lease or licence issued under the Public Lands Administration Regulation on which operations or work is being conducted under a detailed operating plan approved under that Regulation, unless that person is the holder of the agreement, licence, approval or lease or a person authorized by the holder. s3;187/2011;45/2014 Part 1 Permits Application for permits 4(1) A person may apply to the Minister for a permit. (2) The Minister may grant a permit to an applicant if the Minister receives from the applicant (a) an application in a form that is satisfactory to the Minister, and (b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97). Rights conveyed by permit 5(1) Subject to subsection (2), a permit grants in accordance with the terms and conditions of the permit (a) the non-exclusive right to explore for metallic and industrial minerals on the surface of the location, 6

9 Section 6 TENURE REGULATION (b) the exclusive right to explore for metallic and industrial minerals in the subsurface strata within and under the location, and (c) the right to remove samples of metallic and industrial minerals from the location for the purposes of assaying and testing and of metallurgical, mineralogical and other scientific studies. (2) The Minister may (a) restrict the kind of metallic and industrial minerals in respect of which the right to explore is granted under a permit, and (b) limit the operations or activities that may be conducted under a permit to those operations or activities specified by the Minister in the permit. Term of permit 6(1) The term of a permit is 14 years from the term commencement date shown in the permit. (2) The term of a permit is divided into successive 2-year periods with the first period starting at the commencement of the permit. Area and boundaries of location 7(1) The area of the location of a permit must be not less than 16 hectares nor more than 9216 hectares. (2) The boundaries of the location of a permit must be acceptable to the Minister. (3) Subject to subsection (1), the Minister may reduce the area of a permit at any time during the term of the permit, if the permittee makes an application to the Minister indicating the area that is to be retained in the permit. Assessment work requirements 8(1) Subject to sections 25 and 26, a permittee must, with respect to the location of the permit, meet the following minimum spending requirements on assessment work on or attributed by this Regulation to the location during the following assessment work periods: (a) during the first assessment work period, not less in the aggregate than an amount equal to $5 for each hectare in the location; 7

10 Section 9 TENURE REGULATION (b) during the 2nd assessment work period, not less in the aggregate than an amount equal to $10 for each hectare in the location; (c) during the 3rd assessment work period, not less in the aggregate than an amount equal to $10 for each hectare in the location; (d) during the 4th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location; (e) during the 5th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location; (f) during the 6th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location; (g) during the 7th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location. (2) A permittee may claim as expenditures during any work period of a permit amounts that, in the opinion of the Minister, were spent in relation to assessment work on the location of the permit (a) during a previous assessment work period of that permit, or (b) during the one-year period prior to the term commencement date of that permit, if those amounts have not been claimed as expenditures in respect of any other work period of that permit or of any other permit. (3) The minimum spending requirement with respect to the locations of permits in a permit group is the sum of the minimum spending requirements calculated under subsection (1) or determined under section 26(3) for the work periods of the permits approved by the Minister under section 17(b)(ii). Mineral assessment appointee 9(1) A mineral assessment appointee is determined as follows: (a) the permittee is the mineral assessment appointee for that permit, unless otherwise specified by the permittee; 8

11 Section 10 TENURE REGULATION (b) the permittee may, by notifying the Minister, designate another person as the mineral assessment appointee in respect of the permit; (c) the permittees for the permits included in a permit group may, by notifying the Minister, designate one person to serve as the mineral assessment appointee for the permit group. (2) A mineral assessment appointee must, in respect of the permit or permit group for which it is the mineral assessment appointee pursuant to subsection (1), (a) fulfil all requirements related to a mineral assessment report and statement of intent to file in sections 10, 12, 17, 19(1), 20(1) and 26, and (b) submit to the Minister all applications required by sections 13, 15, 22, 23 and 25. (3) The authority of a mineral assessment appointee designated under subsection (1)(b) or (c) expires on the earlier of (a) the Minister receiving notification from the permittee or permittees that the authority is terminated, or (b) the Minister issuing final approval or final rejection of the mineral assessment report. Intent to file or mineral assessment report 10 The mineral assessment appointee must either (a) submit to the Minister a mineral assessment report that conforms with the requirements of sections 17, 19(1) and 20(1), within the period specified in section 12(2)(b), or (b) submit to the Minister a statement of intent to file a mineral assessment report in compliance with section 11. Statement of intent to file 11(1) A statement of intent to file may be submitted (a) during the 30 days before the end of the assessment work period in respect of which it is submitted, or (b) at any other time approved by the Minister in relation to a permit or any of the permits in a permit group. 9

12 Section 12 TENURE REGULATION (2) A statement of intent to file may be submitted in respect of a permit or in respect of a permit group. (3) A statement of intent to file must (a) contain a statement that a mineral assessment report will be filed within the period required by section 12(2)(a), (b) designate the group or project in respect of which the mineral assessment report will be filed, (c) contain for each permit in respect of which it is filed and (i) the number of the permit, (ii) the name of the designated representative for the permit, (iii) a legible map showing the location, boundaries and number of the permit, and (iv) an estimate of expenditures in respect of the permit during the assessment work period for which the mineral assessment report will be filed, (d) be signed by the mineral assessment appointee. (4) A statement of intent to file may also be accompanied by (a) surrender of a permit or a request to surrender a part of the location of a permit, (b) an application requesting payment in lieu pursuant to section 25(1), and (c) the designation of a mineral assessment appointee pursuant to section 9(1)(b) or (c) for the purpose of submitting a mineral assessment report in respect of a permit or a permit group. Submission of mineral assessment report 12(1) For the purpose of subsection (2) and sections 17, 26, 27(1) and 49, the last day of the assessment work period of the permit group is deemed to be the last day of the assessment work period for the permit with the earliest assessment work period end date in that permit group. (2) Subject to section 26(5), the following rules apply with respect to the submission periods for mineral assessment reports: 10

13 Section 13 TENURE REGULATION (a) a mineral assessment appointee who complies with section 10(b) must submit to the Minister a mineral assessment report not later than 60 days after the last day of the assessment work period of the permit or of the permit group, in respect of which the statement of intent to file was submitted; (b) if a mineral assessment appointee proceeds under section 10(a) or fails to comply with section 10(b), the mineral assessment appointee must submit to the Minister a mineral assessment report on or before the last day of the assessment work period of the permit or of the permit group, in respect of which the mineral assessment report is submitted. (3) A mineral assessment report may be submitted in respect of a permit or in respect of a permit group. Grouping of permits 13(1) The mineral assessment appointee for a permit may make an application requesting the grouping of the permit with one or more other permits (a) for the purpose of submitting one mineral assessment report to the Minister in respect of all of the permits in the permit group, and (b) for the purpose of attributing and allocating costs and expenditures on mineral exploration work performed on the location of any of the permits in the permit group to any other permit in the permit group. (2) A permit may not be included in more than one group at a time. (3) The location of permits within a permit group must be contiguous. (4) The Minister may approve an application for grouping of permits (a) if, in the opinion of the Minister, the work periods of the permits in the permit group are eligible for inclusion in the mineral assessment report, and (b) subject to subsections (2) and (3) and to any terms and conditions that the Minister may prescribe. 11

14 Section 14 TENURE REGULATION Timing of applying for a permit group 14 An application under section 13(1) may be made (a) as part of the statement of intent to file, pursuant to section 10(b), or (b) on, or at any time acceptable to the Minister before, the submission of a mineral assessment report. Amendment of permit group 15(1) The mineral assessment appointee for a permit group may make an application to amend the permit group on, or at any time acceptable to the Minister before, the submission of a mineral assessment report. (2) The Minister may amend a permit group in response to an application made under subsection (1). Group permit expiry 16 A permit group expires on the submission of a mineral assessment report for the group under section 12. Mineral assessment report specifications 17 A mineral assessment report is acceptable to the Minister if (a) it relates (i) to the location of a permit, or (ii) collectively to the location of permits in a permit group, (b) it relates (i) to the work period of a permit, or (ii) to the work periods of the permits in a permit group that should, in the opinion of the Minister, be reported on in that mineral assessment report, (c) it complies with the requirements for and contents of a mineral assessment report set forth in the Schedule, (d) it complies with the timelines for submitting a mineral assessment report under section 12(2) or 26(5), (e) geological, geochemical and geophysical surveys have been carried out under the supervision of a professional 12

15 Section 18 TENURE REGULATION engineer or professional geoscientist or by a prospector having qualifications acceptable to the Minister, and (f) all other matters respecting or contained in the mineral assessment report are satisfactory to the Minister. s17;170/2012 Unacceptable mineral assessment expenditures 18 The Minister may refuse to accept any expenditures on exploration or development work claimed in a mineral assessment report for the purpose of the minimum spending requirements of section 8 or 26(3) if (a) the work duplicates work previously submitted for credit against the expenditure requirements for the same agreement or another agreement, (b) the work duplicates results that have been previously published, (c) the mineral assessment report does not meet any of the requirements set forth in section 17, (d) the permittee fails to comply with any directions or instructions given by the Minister under section 48, or (e) for any other reason that the Minister considers that any of those expenditures should not be accepted. Mineral assessment report deficiencies 19(1) If, in the Minister s opinion, there are deficiencies in a mineral assessment report submitted under this Regulation, including, but not limited to, (a) non-compliance with the requirements of section 17, (b) failure to show adequate work for the work period of the permit or work periods of the permits to which the mineral assessment report relates, and (c) failure to show work that is adequate to support the statement of expenditures that is contained in the mineral assessment report, the Minister may require the mineral assessment appointee, within the time that the Minister considers appropriate in the circumstances, 13

16 Section 20 TENURE REGULATION (d) to furnish to the Minister a correction to or remedy of the deficiencies or non-compliances in the mineral assessment report, or (e) to submit to the Minister another mineral assessment report that corrects or remedies the deficiencies or non-compliances contained in the original mineral assessment report. (2) Sections 8(1) and (3) and 26(4) are considered not to have been complied with until the mineral assessment appointee complies with the Minister s requirements under subsection (1). Selection of permits and allocation of expenditures 20(1) A mineral assessment report submitted by a mineral assessment appointee under this Regulation (a) must indicate the permits and the parts of the locations of the permits that have been selected to be retained, and (b) may allocate and attribute expenditures on assessment work on the location of any permit in a permit group to the location of any other permit in the permit group. (2) Expenditures on assessment work on the location of any permit in a permit group may, for the purposes of sections 8 and 26, be applied only once against the minimum expenditures of the permits in the permit group. Retention of permits 21 A permittee may retain the permit if the total expenditures on assessment work on or attributed to the location of the permit that are approved by the Minister for the previous work period equal or exceed the minimum spending requirements calculated under section 8(1) or determined under section 26(3) for that previous work period. Application of excess spending requirements 22(1) This section applies if the total expenditures on assessment work for a work period of a permit or the work periods of permits in a permit group accepted by the Minister under this Part exceed the minimum spending requirement calculated under section 8(1) or determined under section 26(3) respectively for the work period of the permit or for the work periods of the permits in the permit group. (2) The Minister may, on application of the mineral assessment appointee, approve the application of expenditures in excess of the 14

17 Section 23 TENURE REGULATION minimum spending requirements against the minimum spending requirements of any subsequent work period of the permit or of any permit within the permit group. (3) If the mineral assessment appointee does not make an application under subsection (2) within a period of time specified by the Minister in an instruction to the mineral assessment appointee to make that application, the Minister may determine the application of expenditures in excess of the minimum spending requirements against the minimum spending requirements of any subsequent work period of the permit or of any permit within the permit group. Expenditures of less than minimum requirements 23(1) This section applies if the total expenditures on assessment work for a work period of a permit or the work periods of permits in a permit group accepted by the Minister under this Part including expenditures approved under section 22(2) for application to that work period or those work periods are less than the minimum spending requirements calculated under section 8(1) or (3) or determined under section 26(3) respectively for the work period of the permit or the work periods of the permits in the permit group. (2) The mineral assessment appointee may, on application to the Minister, retain that part of the area of the location of the permit or of the area of the locations of the permits in the permit group that is in the same proportion to the whole of that area as the expenditures on assessment work accepted by the Minister as described in subsection (1) for the work period or work periods are respectively to the minimum spending requirement or the minimum spending requirements for the work period or work periods to which they relate. (3) If the mineral assessment appointee does not make an application under subsection (2) within a period of time specified by the Minister in an instruction to the mineral assessment appointee to make the application, the Minister may determine in accordance with subsection (2) the part of the permit or permits that may be retained. (4) If the total expenditures for a work period of a permit as described in subsection (1) are less than the minimum spending requirement for that work period as described in subsection (1), the mineral assessment appointee may, with the approval of the Minister and on or before a date specified by the Minister, pay the difference determined by the Minister. (5) Payment of an amount in accordance with subsection (4) in respect of a work period, together with the total expenditures for the work period as described in subsection (1), is considered 15

18 Section 24 TENURE REGULATION fulfilment of the assessment work requirements for the work period. Area reduction 24 Notwithstanding sections 20, 21 and 23, the Minister may reduce the area of the location of a permit or of any of the permits in a permit group if the mineral assessment appointee for the permit or the permits in the permit group fails to comply with section 10, 12, 19 or 26(5). Payment in lieu of expenditure 25(1) On application to and with the approval of the Minister, the mineral assessment appointee for a permit may, once during the life of the permit, pay (a) the minimum amount determined by the Minister for a work period pursuant to section 8(1) or 26(3), or (b) an amount equal to the difference between that minimum amount and a lesser amount stated in the application and approved by the Minister, in lieu of spending the amount during the period in accordance with section 8(1) or 26(4). (2) An application under subsection (1) must be received by the Minister before the end of the work period to which it relates. (3) If the Minister approves an application under this section, payment of an amount referred to in subsection (1)(a) or (b) is considered fulfilment of the assessment work requirements for the work period in respect of which the payment is made. Extension of work period 26(1) Subject to subsection (2), the Minister may (a) extend an assessment work period, (b) determine the duration of the extended work period, and (c) specify the remainder of the assessment work period that next follows the extended work period. (2) The Minister shall not extend an assessment work period unless the Minister receives an application for extension from the mineral assessment appointee for a permit or a permit group on or before the last day of the assessment work period in respect of which the application for extension is being made. 16

19 Section 27 TENURE REGULATION (3) The Minister may determine the minimum expenditures on assessment work with respect to the location of a permit for an extended work period. (4) Subject to section 25, a permittee must, through expenditures on assessment work on or attributed under this Regulation to, the location of the permit, meet the Minister s minimum spending requirement determined under subsection (3). (5) The following rules apply to the submission of mineral assessment reports in respect of extended work periods: (a) the Minister determines and specifies a date on or before which a mineral assessment report must be filed in respect of an extended work period; (b) the mineral assessment appointee for a permit or a permit group must submit a mineral assessment report on or before the date determined and specified by the Minister under clause (a). Confidentiality of assessment work report 27(1) The Minister must keep confidential all technical information and data contained in a mineral assessment report (a) submitted in respect of a permit, for a period of one year after the last day of the assessment work period, or (b) submitted in respect of permits in a permit group, for a period of one year after the last day of the assessment work period of the permit group, in respect of which the mineral assessment report is submitted. (2) The Minister must, at the end of the confidentiality period referred to in subsection (1)(a) or (b), make the technical information and data available to the public. (3) The Minister, in making the technical information and data available under subsection (2), may recover only the costs, including overhead, associated with its copying or reproduction. Definitions 28 In this Part, Part 2 Licences Recreational Placer Mining 17

20 Section 29 TENURE REGULATION (a) Class A water body, Class B water body, Class C water body and Class D water body mean a water body class established and defined under the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98); (b) unclassified water body means a water body for which no class has been specified under the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98); (c) water body means water body as defined in the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98). Restriction on placer mining 29 No person shall conduct placer mining unless the person holds a lease, a licence or a secondary mineral lease. Application for licence 30(1) An individual may apply to the Minister for a licence. (2) The Minister may grant a licence to an applicant if the Minister receives from the applicant (a) an application in a form that is satisfactory to the Minister, and (b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97). Rights conveyed by licence 31 Subject to sections 33 to 36, a licence grants in accordance with the terms and conditions of the licence the right to win, work and recover metallic and industrial minerals in and through placer mining. Terms of licence 32 The term of a licence is 5 years from the term commencement date shown in the licence. 18

21 Section 33 TENURE REGULATION Prohibitions re placer mining 33 No person shall, in the conduct of placer mining under a licence, (a) permit water to flow through the pump to the sluicebox or other equipment at a rate greater than 11 litres per second, (b) use a mesh of greater than 2.54 millimetres on the screening of the water intake to the sluicebox or other equipment, (c) use a suction dredge, front end loader or other mechanical method to move clay, marl, sand, gravel or topsoil into the sluicebox or other equipment, (d) occupy a site or location for a period of more than 14 consecutive days, (e) use mercury in or within 100 metres of a river, stream or watercourse or other body of water, or (f) discharge water into a river, stream or watercourse if the suspended sediment content of the discharge water exceeds the suspended sediment content of the water in the river, stream or watercourse. Prohibited location 34(1) No licensee shall conduct placer mining within the location of a lease without the consent of the lessee or of a person authorized by the lessee to give that consent. (2) No licensee shall conduct placer mining where operations for the recovery or processing of a surface material are being conducted pursuant to a surface material licence or a surface material lease without the consent of the licensee or lessee or of a person authorized by the licensee or lessee to give that consent. Operations re Class C and Class D water bodies 35(1) Subject to subsection (2) and to sections 33 and 34, a licensee may conduct placer mining at any time of the year within or adjacent to the active channel of the flowing water of a Class C water body, a Class D water body or an unclassified water body. 19

22 Section 36 TENURE REGULATION (2) No licensee shall excavate material within the active channel of the flowing water of a Class C water body, a Class D water body or an unclassified water body where the width of the active channel is less than 20 metres, unless the licensee has the written consent of the Minister of Environment and Sustainable Resource Development. s35;170/2012 Operations re Class A and Class B water bodies 36(1) Subject to subsections (2) and (3) and to sections 33 and 34, a licensee may conduct placer mining with respect to a Class A water body or a Class B water body from May 15 to September 15. (2) No licensee shall excavate material within the active channel of the flowing water of a Class A water body or a Class B water body. (3) No licensee shall conduct placer mining within or adjacent to the active channel of the flowing water of a Class A water body or a Class B water body where the width of the active channel of the flowing water is less than 20 metres, unless the licensee has the written consent of the Minister of Environment and Sustainable Resource Development. s36;170/2012 Part 3 Leases Issue of leases 37 The Minister may issue a lease (a) to a person who applies for the lease, if the Minister considers the granting of the lease to be warranted in the circumstances, (b) to a permittee who or (i) has complied with the requirements of Part 1, (ii) has held the permit for at least the 2-year period referred to in section 8(1)(a), and (iii) applies, at any time before the permit expires, for a lease in respect of all or part of the location described in the permit, (c) in any other manner provided for pursuant to section 16 of the Act. 20

23 Section 38 TENURE REGULATION Application for lease 38 The Minister may grant a lease to an applicant if the Minister receives from the applicant (a) an application in a form that is satisfactory to the Minister, (b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), (c) the rent for the first year of the term of the lease, and (d) evidence, satisfactory to the Minister, of a metallic and industrial mineral deposit in the location of the lease for which application is being made. Rights conveyed by lease 39(1) Subject to subsection (2) and section 50, a lease conveys the exclusive right to win, work and recover metallic and industrial minerals that are the property of the Crown (a) within the location, or (b) if the lease relates to one or more specified zones, in the specified zone or zones within the location, in accordance with the terms and conditions of the lease. (2) The Minister may (a) restrict the kinds of metallic and industrial minerals in respect of which rights are granted under a lease, and (b) limit the operations or activities that may be conducted under a lease to those operations or activities specified by the Minister in the lease. Area and boundaries of location 40 The boundaries and configuration of the location of a lease must be acceptable to the Minister, but the area of the location of a lease shall be not more than 2304 hectares. Term of lease 41(1) The term of a lease is 15 years computed from the term commencement date shown in the lease. (2) The Minister may renew a lease for a term of 15 years if the lessee applies for the renewal of the lease before the end of its 21

24 Section 42 TENURE REGULATION term, and if, during the term of the lease, the lessee has complied with this Part and the terms and conditions of the lease, and (a) has, in the opinion of the Minister, produced from the location in commercial quantity and on a sufficiently continuous basis a metallic and industrial mineral to which rights are granted by the lease, or (b) has submitted to the Minister a plan satisfactory to the Minister for the development of the minerals to which rights are granted by the lease. (3) The renewal of a lease under subsection (2) (a) may be as to a portion of its location or as to portions of its location or as to a zone or zones within the location determined by the Minister, and (b) is subject to any terms and conditions that the Minister prescribes at the time the renewal is granted. Notice respecting production or development 42(1) The Minister may, on application for a lease, on application for renewal of a lease or at any time during the term of a lease, require the prospective lessee or the lessee to submit to the Minister (a) a plan for the development in the location of the lease or of the proposed lease of a metallic and industrial mineral in respect of which rights are granted under the lease or are applied for under the proposed lease, or (b) documents or other materials that, in the opinion of the Minister, indicate an intent to develop in the foreseeable future in the location of the lease or of the proposed lease a metallic and industrial mineral in respect of which rights are granted under the lease or are applied for under the proposed lease. (2) If the Minister approves the plan of development or other documents and materials submitted under subsection (1), (a) the lessee must comply with it or them, or (b) the lessee must provide an explanation satisfactory to the Minister for not complying. 22

25 Section 43 TENURE REGULATION Interpretation 43 In this Part, Part 4 Secondary Mineral Leases Commercial Mining as a Secondary Activity (a) approved surface operation means an operation for the recovery and processing of surface materials, and the equipment, plant and facilities used or involved in that operation, for which all licences, approvals, permits or consents required, pursuant to the law of Alberta, have been obtained and are in force and effect; (b) secondary recovery operation means an operation for the winning, working and recovering, from surface materials recovered and processed through an approved surface operation, of metallic and industrial minerals that are contained in those surface materials; (c) surface materials means sand, gravel, clay, marl, topsoil, silt or peat. Application for secondary mineral lease 44(1) A person may apply to the Minister for a secondary mineral lease. (2) The Minister may grant a secondary mineral lease to an applicant if the Minister receives from the applicant (a) an application in a form that is satisfactory to the Minister, (b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), and (c) written proof that the applicant holds all licences, approvals, permits and consents required to conduct the approved surface operation or is authorized by the person who holds those licences, approvals, permits and consents to conduct the secondary recovery operation. Rights conveyed by secondary mineral lease 45(1) Subject to subsection (2), a secondary mineral lease grants in accordance with the terms and conditions of that lease the right 23

26 Section 46 TENURE REGULATION to win, work and recover metallic and industrial minerals in and through a secondary recovery operation. (2) The Minister may restrict the kinds of metallic and industrial minerals in respect of which rights are granted under a secondary mineral lease pursuant to subsection (1). (3) The recovery of metallic and industrial minerals pursuant to a secondary mineral lease must be accomplished through what is, in the opinion of the Minister, an ore processing or wash plant operation located in Alberta. Location 46(1) The location of a secondary mineral lease consists of the area determined by the Minister to encompass a secondary recovery operation. (2) The Minister may change or amend the location of a secondary mineral lease accordingly as the area determined under subsection (1) changes. Term 47(1) The term of a secondary mineral lease is 5 years from the term commencement date shown in the lease. (2) The Minister may renew a secondary mineral lease for a term of 5 years if (a) the holder of that lease applies for its renewal before the end of its term and pays the renewal fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), (b) during the term of that lease, the holder has complied with its terms and conditions and this Part, and (c) at the time of the renewal, the holder of that lease continues to hold (i) the licences, approvals, permits and consents required to conduct the approved surface operation, or (ii) the authority from the person who holds those licences, approvals, permits and consents to conduct the secondary recovery operation. (3) The renewal of a secondary mineral lease under subsection (2) 24

27 Section 47.1 TENURE REGULATION (a) may be as to the whole or as to a portion of its location determined by the Minister, and (b) is subject to any terms and conditions that the Minister prescribes at the time the renewal is granted. Part 4.1 Subsurface Reservoir Leases Definitions 47.1 In this Part, (a) subsurface reservoir means (i) a subsurface cavern that was created as a result of operations for the recovery of a mineral belonging to the Crown, (ii) an underground formation consisting of a mineral belonging to the Crown that will be removed pursuant to the lease to create a subsurface cavern, or (iii) an underground formation in which all mines and minerals belong to the Crown; (b) subsurface reservoir lease means a lease issued under this Part; (c) subsurface reservoir zone in respect of a subsurface reservoir lease means the subsurface reservoir described in the lease, to the extent that the subsurface reservoir is found within the location of the lease. AR 174/2014 s2 Subsurface reservoir lease 47.2 A subsurface reservoir lease grants to the lessee, in accordance with the terms and conditions of the lease, one or both of the following: (a) the right to conduct operations to remove a mineral in the subsurface reservoir zone to create a subsurface cavern; (b) the right to use a subsurface reservoir in the subsurface reservoir zone under the lease for the purpose of storage or sequestration. AR 174/2014 s2 25

28 Section 47.3 TENURE REGULATION Application for reservoir lease 47.3(1) A person may apply to the Minister for a subsurface reservoir lease in the form and manner determined by the Minister. (2) An application must include (a) a geological description of the subsurface reservoir to be included in the lease that is satisfactory to the Minister, (b) a description of the fluid or substance to be stored or sequestered in the subsurface reservoir, and (c) any other information required by the Minister. AR 174/2014 s2 Issuance of subsurface reservoir lease 47.4 The Minister may issue a subsurface reservoir lease subject to any terms and conditions the Minister considers appropriate, including but not limited to terms or conditions respecting any of the following matters: (a) respecting term expiry, term renewal and cancellation; (b) limiting the operations or activities that may be conducted under the lease and the fluids or substances that may be stored or sequestered; (c) respecting the exclusivity or non-exclusivity of the lease; (d) requiring the payment of an annual rental for the subsurface reservoir lease and of amounts for the use of the subsurface reservoir such as an amount per injection well drilled or used in connection with the lease or an amount per cubic metre of fluid or substance injected into the subsurface reservoir. AR 174/2014 s2 Obligations under lease 47.5(1) The lessee of a subsurface reservoir lease shall obtain a well licence and approval of the Alberta Energy Regulator under the Oil and Gas Conservation Act before drilling or using a well for the purposes set out in the lease. (2) The lessee may not transfer a subsurface reservoir lease without the consent in writing of the Minister. 26

29 Section 48 TENURE REGULATION (3) For greater certainty, section 56(2) of the Act applies where a right under a subsurface reservoir lease is exercised under section 56(1)(a) of the Act. AR 174/2014 s2 Part 5 General Cores, cuttings requirements 48(1) The Minister may request or accept from a lessee, a permittee or a holder of a secondary mineral lease a representative portion of mineral core, cuttings or samples for the purpose of making it available for viewing and use by any member of the general public. (2) The representative portion requested by the Minister under subsection (1) shall not exceed 2% of the core sample, rock sample or drill cuttings obtained pursuant to a lease, permit or secondary mineral lease. (3) A lessee, a permittee and the holder of a secondary mineral lease must follow all directions or instructions given by the Minister with respect to (a) a mineral core, cuttings or samples, (b) the retrieval, selection, labelling, delivery, transportation and storage of core samples, rock samples or drill cuttings, and (c) the records to accompany samples and cuttings. (4) A lessee, a permittee or the holder of a secondary mineral lease to whom the directions and instructions referred to in subsection (3) have been given must bear the cost of complying with the directions and instructions. (5) The Minister, on application by a lessee, permittee or holder of a secondary mineral lease, may waive compliance with all or any directions or instructions referred to in subsection (3). Property of the Crown 49 All core samples, rock samples or drill cuttings received by the Department pursuant to section 48(3) and all records accompanying the samples and cuttings (a) are thereafter, subject to clause (b), the property of the Crown in right of Alberta, and 27

30 Section 50 TENURE REGULATION (b) must be kept confidential as follows: (i) subject to subclauses (ii) and (iii), for a period of one year after the last day of the assessment work period of a permit, as defined in section 12(1), during which they are delivered to the Department; (ii) if the Minister is of the opinion that subclause (i) is not appropriate in the circumstances, for a period of one year after the receipt by the Government of a final plan for an approved exploration program pursuant to the Metallic and Industrial Minerals Exploration Regulation (AR 213/98); (iii) if the Minister is of the opinion that subclauses (i) and (ii) are not appropriate in the circumstances, for a period of one year after a date established by the Minister. Order in Council for mining 50(1) The Lieutenant Governor in Council may by order authorize a lessee to mine, work or remove a metallic and industrial mineral in the location of the lessee s lease in commercial quantities subject to any terms or conditions that the Lieutenant Governor in Council prescribes. (2) Notwithstanding Parts 1 and 4 of this Regulation, (a) a permit holder shall not mine, work or remove a metallic and industrial mineral in the location of the permit in commercial quantities, and (b) a lessee shall not mine, work or remove a metallic and industrial mineral in the location of the lease in commercial quantities unless he is authorized to do so pursuant to an order under subsection (1). (3) Subsections (1) and (2) do not apply to the recovery or production of (a) a metallic and industrial mineral pursuant to a licence or a secondary mineral lease, (b) a metallic and industrial mineral that is the subject of quarrying operations for which a permit or licence is issued, or (c) a metallic and industrial mineral that is extracted in brine form. 28

31 Section 51 TENURE REGULATION Part 6 Repeal and Expiry Repeal 51 The Metallic and Industrial Minerals Regulation (AR 66/93) is repealed. Expiry 52 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, s52;174/ In this Schedule, Schedule (Section 10) Mineral Assessment Report (a) Part A means Part A of the mineral assessment report consisting of all administrative documents accompanying the technical report that are required (i) to meet mineral assessment report filing requirements under sections 17 and 20 of this Regulation, (ii) to authorize the allocation or attribution of expenditures to the location of a permit, (iii) to authorize, if applicable, the surrender of a permit or of a part or parts of the location of a permit, and (iv) to support the submission of Part B and Part C of the mineral assessment report; (b) Part B means Part B of the mineral assessment report consisting of the technical report describing the assessment work, results, analyses and conclusions with respect to the location and work period of each permit to which the mineral assessment report relates; (c) Part C means Part C of the mineral assessment report consisting of any supporting or supplementary technical appendices to Part B, the content of which may include, but is not limited to, data, results and information 29