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Order in Council 379/1989

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Order in Council 379/1989 PROVINCE OF B:LITIS 4 COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 3 7 9 , Approved and Ordered MAR.21. 1989 Lieu nant Governor Executive Council Chambers, Victoria MAR. 15.1989 . 1.Q 01/9 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 17, 1989, the attached Recreation Area Regulation is made. mister of Energy, Mines and Petroleum/ sources Mj.dslIr Responsible for Parks Presiding N er of the Executive Council (This part is for admintstranue purposes only and is not part of the Order.) • Authority under which Order is made: Act and section:- .MineraTenure.M...Aegtio.19 Other Ispecify):- March 10, 1989 425/89/37/jb RECREATION AREA REGULATION Interpretation 1. (1) In this regulation "Act" means the Mineral Tenure Act; "recreation area" means a recreation area or part of a recreation area that is designated under section 2. (2) For the purpose of this regulation, terms defined in section 1 of the Mineral Tenure Act Regulation, B.C. Reg. 297/88, have the same meaning in this regulation. Designation 2. On the joint recommendation of the minister and the Minister Responsible for Parks, each Provincial Recreation Area, established under the Park Act, that is listed in the attached schedules is designated a "recreation area" under section 19 of the Act. PART 1 TITLE ACQUISITION Authorization 3. A free miner or employees of a free miner may enter a recreation area to explore for minerals but only a free miner may locate. Locating a mineral claim 4. A mineral claim in a recreation area shall be acquired by the method set out for a 1 post claim under the Mineral Tenure Act Regulation as of April 17, 1989. Priority 5. The location time and date which is inscribed on the metal tag on the legal corner post shall determine the priority of a mineral claim located under this regulation. Record of claim 6. (1) The locator shall, within 5 days of locating a mineral claim, record the claim (a) in the office of the gold commissioner of the mining division in which the recreation area is located, (b) in the Write of the gold commissioner of the mining division which is designated by the chief gold commissioner where the recreation area lies within 2 or more mining divisions, or (c) in the office of the Vancouver Mining Division . (2) The recording fee shall be based on the area claimed and shall be calculated on the basis of $5 per unit. Work on claim 7. (1) Exploration and development work on a mineral claim shall he that required of a recorded holder of a mineral claim under section 19 of the Mineral Tenure Act Regulation. (2) Subject to section 19 (4) of the Act, the recording of title maintenance under sections 25 and 26 of the Act shall only be made at the offices described under section 6 (1). Report 8. All exploration and development done by a free miner in a recreation area must be reported to the chief gold commissioner as required by section 29 of the Act. Complaints as to title 9. Anything done under this regulation may be challenged to the extent provided under section 35 of the Act . PART 2 APPROVALS AND NOTICES Authorization to enter 10. (1) A free miner who wants to locate a mineral claim under this regulation may enter a recreation area on foot, by air, or by a mechanical means on an existing trail or road as permitted by the Regional Director of Parks. (2) A free miner who proposes to use any other means of entry that would cause a disturbance to the land surface shall first apply to the Regional Director of Parks for a resource use permit authorizing the proposed means of entry and, subject to subsection (3), a permit shall be issued promptly. (3) The Regional Director of Parks shall, after receipt of the request under subsection (2), notify the Chief Inspector of Mines respecting the request and shall only refuse a resource use permit for this purpose if the Chief Inspector of Mines agrees with the refusal. (4) An applicant under subsection (2) shall not enter the recreation area by the proposed means until a resource use permit is issued. 2 Hand equipment 11. Approval under the Mines Act and the Park Act is not required for any mineral exploration or prospecting activity on or off a mineral claim in a recreation area which only involves the use of hand equipment for prospecting, claim staking, geological mapping or geochemical surveys, or the use of hand tools for drilling. Recorded holder 12. A free miner, the employees of a free miner and a recorded holder who, in the carrying out of the business of exploration, development and mining of minerals in a recreation area, propose to undertake (al an activity that utilizes mechanical equipment which causes a disturbance to the land surface, (b) the establishment of a camp with trailers or tent frames, or any camp in one location for a period greater than 5 days, (c) linecuttings, (d) trenching by mechanical means or exceeding a total volume of 500 cubic meters, (e) hydraulicking or sluicing, or (I) trail or road construction, shall require approval under (g) the Mines Act where the work is on a mineral claim, or (h) the Park Act where the work is off a mineral claim. Notice 13. No recorded holder shall commence an activity that requires approval under this regulation until (a) a notice of work and reclamation program as prescribed under the Mines Act is submitted by the recorded holder or an agent of the recorded holder to the Chief Inspector of Mines, (b) a reclamation permit has been issued, and (c) a resource use permit has been issued if required under this regulation. Approval of activities 14. (1) Upon receipt of a notice of work and reclamation program pertaining to activities on or off a mineral claim, the Chief Inspector of Mines shall refer the application to the Regional Director of Parks. (2) The Regional Director of Parks shall, after receipt of the referral under subsection (1), make recommendations to the Chief Inspector of Mines with respect to the terms and conditions of any approval of activities on or off a mineral claim. (3) Subject to subsection (4), the approval of the notice of work and reclamation program pertaining to activities on or off a mineral claim shall be 3 under the authority of a reclamation permit issued by the Chief Inspector of Mines on terms and conditions jointly agreed to by the Regional Director of Parks and the Chief Inspector of Mines (4) The approval of the notice of work and reclamation program pertaining to activities off a mineral claim shall also require the authority of a resource use permit issued by the Regional Director of Parks on terms and conditions jointly agreed to by the Regional Director of Parks and the Chief Inspector of Mines . Security 15. (1) Every free miner, and every agent of a free miner, who is the recorded holder of a mineral title in a recreation area shall give security for each area for which a reclamation permit or resource use permit, or both, is issued. (2) The security required under subsection (1) shall be jointly determined by the Chief Inspector of Mines and the Regional Director of Parks and may be for any or all of the purposes and amounts as follows: (a) for reclamation of minimal site disturbance including removal of garbage, $1 per ha, but not less than $400 or greater than $2 000; (b) to mobilize and demobilize personnel and equipment by air or land into a site requiring reclamation, not less than $500 per ha or greater than $5 000 per ha; (c) to restore a site including land surface restoration, not less than $500 per ha or greater than $5 000 per ha; (d) for environmental sensitivity of the site disturbed including the potential to affect watercourses or to cause erosion, not less than $500 per ha or greater than $2 500 per ha; (e) where the Chief Inspector of Mines and the Regional Director of Parks agree that the nature of the disturbance is such that the maximum amounts under paragraphs (a) to (d) are not sufficient to adequately cover reclamation, a contingency amount of $10 000 per ha but not greater than $100 000. Release of security 16. The release of the security provided under section 15 is subject to completion of all the conditions of the reclamation permit and the resource use permit to the satisfaction of the Chief Inspector of Mines and the Regional Director of Parks. Publication 17. For the purposes of section 19 (4) (a) and (b) of the Act, publication in the British Columbia Gazette of a notice (a) that an evaluation report of mineral potential of a recreation area is available, or (b) that a recreation area is to become a park or a part of a park, is the date of first publication of the evaluation or notice. 4 Reference 18. Where under this regulation a matter requires the joint agreement of the Chief Inspector of Mines and the Regional Director of Parks and they do not agree, the matter may be referred to the Environment and Land Use Committee established under the Environment and Land Use Act, and the committee may resolve the matter by whatever means is permitted under that Act . PART 3 CALL FOR PROPOSAL Exception 19.
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