1995 Legislative Session: 4th Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 5th day of July, 1995.
Ian D. Izard, Law Clerk
HONOURABLE ANNE EDWARDS
MINISTER OF ENERGY, MINES AND
PETROLEUM RESOURCES
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Mineral Tenure Act, S.B.C. 1988, c. 5, is amended
(a) in the definition of "exploration and development" by adding ", bulk sampling" after "drilling",
(b) by repealing the definition of "mineral" and substituting the following:
"mineral" means an ore of metal, or a natural substance that can be mined, that is in the place or position in which it was originally formed or deposited or is in talus rock, and includes
(a) rock and other materials from mine tailings, dumps and previously mined deposits of minerals,
(b) dimension stone, and
(c) rock or a natural substance prescribed under section 1.1 (1),
but does not include
(d) coal, petroleum, natural gas, marl, earth, soil, peat, sand or gravel,
(e) rock or a natural substance that is used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined,
(f) rock or a natural substance on private land that is used for a construction purpose, or
(g) rock or a natural substance prescribed under section 1.1 (2); ,
(c) in the definition of "owner" by striking out "and" at the end of paragraph (a) and substituting "or",
(d) in the definition of "placer mineral" by striking out "paragraphs (c) and (d)" and substituting "paragraphs (d) to (g)", and
(e) by adding the following definitions:
"bulk sample" means the production of a mineral or placer mineral from a claim at the times, in the quantities and on the conditions prescribed by the regulations;
"construction purpose" includes, without limitation,
(a) the building or maintenance of a road, railway bed, runway, berm, dam, impoundment, breakwater, dyke, levee, foundation, rock wall and other similar thing, and
(b) the providing of fill and riprap;
"dimension stone" means a rock or stone product that is cut or split on 2 or more sides, and includes, without limitation, tiles, facing stone, crushed rock that is reconstituted into building stone, headstones, monuments, statues, ornamental furnishings and other similar components, but does not include crushed, cut or split rock that is used for a construction purpose;
"hand pan" means to wash mineralized earth and gravel by agitation in a hand held pan so as to separate and recover those minerals or placer minerals having the greatest specific gravity;
"mining activity" means any activity related to
(a) the search for a mineral or placer mineral,
(b) the exploration and development of a mineral or placer mineral, or
(c) the production of a mineral or placer mineral,
and includes the reclamation of a previously mined area and the monitoring and long term protection, control and treatment of a previously mined area;
"private land" means land owned in fee simple by a person other than the Crown;
"talus rock" means rock that occurs in fragments or particles lying on or above or adjacent to the place or position in which it was originally formed or deposited; .
2 The following section is added:
1.1 (1) For the purpose of paragraph (c) of the definition of "mineral" in section 1, the minister and the minister responsible for administration of the Land Act may jointly make regulations prescribing a rock or natural substance as a mineral.
(2) For the purpose of paragraph (g) of the definition of "mineral" in section 1, the minister and the minister responsible for administration of the Land Act may jointly make regulations prescribing that a rock or natural substance is not a mineral.
(3) No compensation is payable by the government to any person and no proceedings may be commenced or maintained to claim compensation from the government as a result of a regulation made under subsection (1) or (2).
3 Section 2 is repealed and the following substituted:
2 (1) The chief gold commissioner may, by order, designate any portion of British Columbia as a mining division and may establish a gold commissioner's office for it.
(2) If a designation is made under subsection (1), the chief gold commissioner must, without delay, publish notice of the designation in the Gazette and publication is deemed to be notice to all persons concerned.
4 Section 7 is amended
(a) in subsection (1) by striking out "in which at least 50% of the directors are Canadian citizens or permanent residents of Canada",
(b) by repealing subsection (2) (a) and substituting the following:
(a) a person
(i) age 18 or over and ordinarily a resident of Canada for not less than 183 days in each calendar year or authorized to work in Canada, and
(ii) who demonstrates, to the satisfaction of a gold commissioner, a minimum prescribed standard of knowledge respecting mineral exploration and integrated resource management principles in British Columbia, , and
(c) by repealing subsection (4) and substituting the following:
(4) Despite subsection (2), the chief gold commissioner may issue a free miner certificate to an applicant who does not meet the eligibility requirements under subsection (2) if, because of legitimate circumstances acceptable to the chief gold commissioner, the applicant requires a free miner certificate to conduct business in British Columbia.
5 The following section is added:
7.1 (1) Subject to subsection (2), a person who is not a free miner may hand pan for recreation purposes.
(2) A person must not hand pan on a valid mineral title unless the person receives permission from the recorded holder of the mineral title.
6 Section 8 is amended
(a) by repealing subsections (1) to (3) and substituting the following:
(1) If the chief gold commissioner is satisfied that a free miner has, with respect to activities related to the operation or use of a mineral title, contravened this Act, the regulations, the Criminal Code, the Heritage Conservation Act, the Mines Act, the Mining Right of Way Act or the Health, Safety and Reclamation Code for Mines in British Columbia, the chief gold commissioner must notify the free miner
(a) of the particulars of the contravention, and
(b) of the chief gold commissioner's intention to cancel the free miner's certificate,
and the free miner may, within 30 days after service of the notice, request a hearing. A copy of such notice must be provided to the minister.
(2) After the hearing, if any, or the expiration of the 30 day period, whichever is applicable, the chief gold commissioner may cancel the free miner certificate and the free miner may not apply for another certificate except in accordance with conditions the chief gold commissioner may specify.
(3) If a certificate is cancelled under subsection (2),
(a) the chief gold commissioner must serve a notice of the cancellation on the person affected, and to the minister, and
(b) that person may, within 30 days after service of the notice under paragraph (a), appeal the cancellation to a judge of the Supreme Court. , and
(b) in subsection (4) by striking out "minister" in both places and substituting "chief gold commissioner".
7 Section 10 is amended
(a) by repealing subsection (3) and substituting the following:
(3) If a dispute arises between
(a) recorded holders on the same mineral lands, or
(b) a recorded holder of a mineral title and a person having a right under another enactment to a mineral substance in the lands to which the mineral title relates,
respecting
(c) whether a substance is a mineral, a mineral substance or a placer mineral, or
(d) the exercise of rights conferred by or under this Act or any of the former Acts,
the issue must, on application to the chief gold commissioner by a party to the dispute and subject to subsection (3.1), be decided by the chief gold commissioner, and the chief gold commissioner may make any order he or she considers appropriate.
(3.1) Before making an order under subsection (3) respecting a dispute about a mineral or mineral substance or the exercise of rights under another enactment, the chief gold commissioner must, in writing, consult with a public officer designated by the minister responsible for administration of the Land Act.
(3.2) Each party to the dispute must be served with notice of the decision made under subsection (3).
(3.3) Information received as a result of consultation under subsection (3.1) may be reduced to writing and shall form part of the record of the dispute between the parties, and a copy of that writing must be provided to each party.
(3.4) A copy of an order made under subsection (3) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court. ,
(b) by repealing subsection (5) and substituting the following:
(5) A party to a dispute who is aggrieved by the decision of the chief gold commissioner under subsection (3) may, within 30 days after service of the notice under subsection (3.2), appeal the decision to a judge of the Supreme Court. , and
(c) by adding the following subsection:
(7) For the purpose of making a determination under this section, the chief gold commissioner has the powers, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
8 Section 11 is amended by adding the following subsection:
(1.1) Despite subsection (1), no mining activity may be done by the recorded holder until the recorded holder receives the permit, if any, required under section 10 of the Mines Act.
9 The following section is added:
11.1 (1) Subject to subsection (2), the recorded holder of a claim must not produce minerals or placer minerals from the claim.
(2) The recorded holder may, with the prior written approval of the district inspector appointed under the Mines Act, produce or cause to be produced a bulk sample from the claim.
10 Section 13 (1) is amended by striking out "a claim" and substituting "a mining lease" and by striking out "developing and producing minerals or placer minerals, including the treatment of ore and concentrates," and substituting "a mining activity,".
11 Section 14 is amended
(a) in subsection (2) by striking out "and" at the end of paragraph (a) and substituting "or", and
(b) by repealing subsection (3) and substituting the following:
(3) If a disposition is made of surface rights to Crown land, whether surveyed or unsurveyed, and at the time of disposition there is a valid mineral title over the Crown land, the disposition of surface rights does not diminish the rights of the recorded holder except to the extent otherwise determined
(a) by order of the chief gold commissioner under section 10,
(b) by order of the minister under section 15,
(c) by order of the Mediation and Arbitration Board in a settlement under section 16 (4), or
(d) by a quit claim agreement between a recorded holder and a subsequent holder of the surface rights.
12 Section 15 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Despite this or any other Act, the minister may, by order, restrict the use of surface rights, or restrict the right to or interest in minerals or placer minerals, comprised in all or part of a mineral title if the minister considers that all or part of the surface area is or contains a cultural heritage resource or that the surface area, or the right to or interest in the minerals or placer minerals, should be used for purposes other than a mining activity. , and
(b) by adding the following subsections:
(4) A person aggrieved of an order of the minister under subsection (1) may, within 30 days after service of notice of the order, appeal the order to a judge of the Supreme Court.
(5) An appeal lies from an order of the court under subsection (4) to the Court of Appeal with leave of a Justice of the Court of Appeal.
13 The following section is added:
15.1 (1) If the recorded holder or other person conducting operations in respect of a mineral title does not comply with a provision of this Act or the regulations or a provision of any other enactment with respect to a mining activity, or contravenes the protection of a protected heritage property, the chief gold commissioner may
(a) notify the recorded holder or other person of the provision that the chief gold commissioner considers is not being complied with, and
(b) order the recorded holder or other person to comply with the provision within a period of time specified in the notice.
(2) If the recorded holder or other person does not comply with the order under subsection (1) (b) within the period of time specified, the chief gold commissioner may, by order,
(a) suspend any exploration and development or production of minerals or placer minerals carried out by the recorded holder or other person until the provision has been complied with, and
(b) specify conditions under which the suspension will be lifted.
(3) The chief gold commissioner may delegate his or her powers under subsections (1) and (2) to a person appointed under section 3.
(4) The chief gold commissioner may cancel the claim of a recorded holder who deliberately fails to comply with
(a) an order of the chief gold commissioner or other person under this section,
(b) this Act or the regulations,
(c) the Mines Act or the Health, Safety and Reclamation Code for Mines in British Columbia,
(d) the protection of a protected heritage property under the Heritage Conservation Act, or
(e) any enactment under which a mining activity has been or is required to be authorized.
(5) Notice of cancellation of a claim under subsection (4) must be served on the recorded holder.
(6) A recorded holder aggrieved by a cancellation under subsection (4) may, within 30 days after service of notice of the cancellation of the claim, appeal the decision to a judge of the Supreme Court.
(7) An appeal lies from a decision of the court under subsection (6) to the Court of Appeal with leave of a Justice of the Court of Appeal.
14 Section 16 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A person must not commence a mining activity by a method using mechanical equipment that disturbs the surface unless the recorded holder
(a) first serves written notice on the owner of every surface area on which the recorded holder intends to work or intends to utilize a right of entry for that purpose, and
(b) provides, within 30 days after serving the notice required by paragraph (a), a copy of the notice to the gold commissioner for that mining division and to the district inspector appointed under the Mines Act. ,
(b) by repealing subsections (3) and (4) and substituting the following:
(3) On receipt by the gold commissioner of an application from a free miner, recorded holder, owner or other person who, in the opinion of the gold commissioner, has a material interest in the surface, the gold commissioner must use his or her best efforts to settle issues in dispute between them arising from rights acquired under this Act in respect of entry, taking of right of way, use or occupation, security, rent or compensation.
(4) If the gold commissioner is unable to settle the dispute to the satisfaction of the parties to the dispute, the Mediation and Arbitration Board under the Petroleum and Natural Gas Act has, on application by a party to the dispute, authority to settle the issues in dispute and, for this purpose, the relevant provisions of Part 3 of the Petroleum and Natural Gas Act apply. ,
(c) in subsection (5) by striking out "under subsection (3)" and substituting "under subsection (4)", and
(d) by adding the following subsection:
(6) A copy of an order made by the Mediation and Arbitration Board under subsection (4) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court.
15 The following section is added:
16.1 A free miner or recorded holder must not obstruct or interfere with an operation or activity, or the construction or maintenance of a building, structure, improvement or work, on private land.
16 Section 18 is amended
(a) by repealing subsection (2) (c) and substituting the following:
(c) prohibit a mining activity located within and included in the mineral reserve, either absolutely or under circumstances specified in the mineral reserve, and may prescribe
(i) specific maintenance requirements that differ from those required by section 25, and
(ii) the term of a claim and the conditions of forfeiture of a claim, , and
(b) in subsection (3) by striking out "immediately before this section comes into force," and substituting "on July 14, 1988,".
17 Section 19 (6) (b) is amended by striking out "at the time this subsection comes into force," and substituting "on August 15, 1988,".
18 Section 20 is amended in subsection (2.1) by striking out "where he intends forthwith to make" and substituting "if the free miner, within 30 days after commencing the location, makes".
19 Section 21 is amended by striking out "the 10 year maximum referred to in that section." and substituting "the limitation on the allowable number of years under that section."
20 Section 23 is amended by adding the following subsections:
(3.1) Despite subsection (3), the gold commissioner may refuse to record a claim until
(a) the free miner confirms to the satisfaction of the gold commissioner that there exists open ground available for the claim under application, or
(b) the free miner makes a complaint under section 35 as permitted by section 20 (2.1).
(8) A decision of the gold commissioner under this section may be appealed to the chief gold commissioner.
21 Section 25 is repealed and the following substituted:
25 A claim may be held for one year after the date of record, and thereafter from year to year if, on or before the anniversary date, the recorded holder pays a prescribed recording fee and does one of the following:
(a) satisfies the gold commissioner for the mining division in which the recorded holder's claim is situated, by a statement in the prescribed form, that the recorded holder has performed or caused to be performed on the claim since the last anniversary date, exploration and development having a value which is not less than an amount for each unit calculated in accordance with the regulations;
(b) in lieu of the performance of the exploration and development referred to in paragraph (a), pays an amount that is a prescribed percentage, not exceeding 200%, of the amount determined under paragraph (a).
22 Section 26 is amended
(a) by striking out "or his agent", and
(b) by striking out everything after "for an additional year or" and substituting "an additional prescribed number of years."
23 Section 27 is amended by striking out "minister," and substituting "chief gold commissioner,".
24 Section 29 is amended
(a) in subsection (1) by striking out "or his agent" in both places, and
(b) in subsection (2) by adding "all or a portion of" after "may order the cancellation of".
25 Section 30 is amended
(a) in subsection (1) by striking out "expenditure" in both places and substituting "payment", and
(b) in subsection (2) by striking out "expenditure," and substituting "payment,".
26 Section 31 (1) and (2) is repealed and the following substituted:
(1) Subject to subsection (3), if a recorded holder
(a) does not perform prescribed maintenance requirements, if any, for a mineral reserve established under section 18, or
(b) does not perform and record the exploration and development, or make the payment, required by section 25,
the recorded holder's claim forfeits to and vests in the Crown at the end of the day which is the anniversary date of the claim.
27 The following section is added:
31.1 (1) If a mineral title lies wholly or partially within the boundaries of an overlying mineral title of the same type and ownership, those titles or portions located within the overlying mineral title must, on application being made to the gold commissioner before their forfeiture, be included in the appropriate overlying mineral title that remains in good standing.
(2) If an application for abandonment of a claim is made to the gold commissioner under section 32 and the claim being abandoned lies wholly or partially within the boundaries of an overlying mineral title of the same type and ownership, those claims or portions located within the overlying mineral title must, on application for inclusion being made to the gold commissioner concurrent with the application for abandonment, be included in the appropriate overlying mineral title that remains in good standing.
(3) If a recorded holder of a mineral claim reduces the size of his or her claim under section 21 and the portion of the claim or part of the claim being reduced lies within an overlying mineral claim of the same type and ownership, that portion of the claim being reduced and located within the overlying mineral claim must, on application for inclusion being made to the gold commissioner concurrent with the reduction, be included in the appropriate overlying mineral claim that remains in good standing.
(4) An inclusion takes effect immediately on the recording date of the application for inclusion, and the titles of the claims being included, in whole or in part, cease to exist at the end of the day on which the application for inclusion is recorded.
28 Section 33 (6) is amended by striking out "the 5 or 10 year maximums" and substituting "the maximum additional years".
29 Section 35 is repealed and the following substituted:
35 (1) An interested person, or an employee of the ministry charged with the administration of this Act, may make a complaint to the chief gold commissioner that
(a) a claim has been located or recorded contrary to this Act or the regulations,
(b) a person has knowingly made a false statement or report under section 25, 26 or 29, or
(c) a claim has been acquired or held for purposes other than a mining activity.
(2) A complaint must be made
(a) under subsection (1) (a) within one year after the claim was recorded, or
(b) under subsection (1) (b) within one year after the statement or report was recorded with the gold commissioner.
(3) If the complainant is not an employee of the ministry, the complainant must provide, at the time the complaint is made, all of the following:
(a) the nature of the complainant's interest in the claim under complaint;
(b) a statement in the prescribed form setting out the basis of the complaint;
(c) the prescribed fee.
(4) If the complaint has been received by the chief gold commissioner in accordance with the requirements of subsections (2) and (3), the chief gold commissioner must
(a) review the complaint,
(b) accept the complaint for consideration or reject the complaint, and
(c) notify the complainant of the results of the review.
(5) If the complaint is accepted for consideration under subsection (4) (b), the chief gold commissioner
(a) must promptly serve notice on the recorded holder setting out the particulars of the complaint, and
(b) may cause an investigation of the complaint and the making of a report of the investigation, or require a written submission from the complainant and recorded holder respecting the complaint, or both.
(6) If a report is made or submissions are received under subsection (5) (b), the chief gold commissioner must provide the complainant and recorded holder with a copy of the report and submissions, and the complainant and recorded holder are each entitled, within 30 days after receipt of the report and submissions, to make further written submissions concerning the report and submissions.
(7) After reviewing the report made under subsection (5) and any written submissions made under subsection (6), the chief gold commissioner may
(a) dismiss the complaint,
(b) order the cancellation of the record of the claim effective as of the date it was recorded, or order the cancellation of the record or credit for exploration and development remaining to be performed, or both, or
(c) make any other order that he or she considers appropriate,
and must promptly notify the complainant and recorded holder of the decision.
(8) The complainant or the recorded holder may, within 30 days after service of notice under subsection (7), appeal the decision of the chief gold commissioner to a judge of the Supreme Court.
(9) An appeal lies from a decision of the court under subsection (8) to the Court of Appeal with leave of a Justice of the Court of Appeal.
(10) For the purpose of making a determination under this section, the chief gold commissioner has the powers, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
30 Section 36 is repealed.
31 Section 37 is repealed and the following substituted:
37 (1) A recorded holder of a mineral claim may apply to the gold commissioner of the mining division in which the claim is located for the issue of a mining lease over the mineral claim.
(2) The recorded holder under subsection (1) must do all of the following:
(a) have the mineral claim over which the mining lease will be issued surveyed by a British Columbia land surveyor and have the survey approved by the Surveyor General;
(b) post a notice in the prescribed form in the office of the appropriate gold commissioner stating that the recorded holder intends to apply for a mining lease;
(c) publish promptly in one issue of the Gazette, and once each week for 4 consecutive weeks in a newspaper circulating in the area in which the mineral claim is situated, a copy of the notice referred to in paragraph (b);
(d) submit, after compliance by the recorded holder with paragraphs (a), (b) and (c), an application for a mining lease and pay the prescribed fee.
(3) If the gold commissioner is satisfied that the recorded holder has met all of the requirements of subsection (2), the gold commissioner must refer the matter to the chief gold commissioner along with any recommendations as to conditions that the gold commissioner considers appropriate.
(4) On receipt of the reference under subsection (3), the chief gold commissioner must issue a mining lease for an initial term not exceeding 30 years on conditions the chief gold commissioner considers necessary.
(5) If the lessee complies with this Act, the regulations and any conditions of the mining lease issued under subsection (4), the lessee is entitled to a renewal of the mining lease for one or more further terms not exceeding 20 years each, subject to the approval of the chief gold commissioner that the mining lease is required for a mining activity.
(6) The right of renewal of a mining lease under subsection (5) applies to a lease issued before the coming into force of this section.
37.1 A lessee may not produce under a mining lease issued on or after the coming into force of this section unless the lessee first receives a mine development certificate issued under the Mine Development Assessment Act or project approval certificate issued under the Environmental Assessment Act.
32 Section 38 is repealed.
33 Section 40 (4) is repealed and the following substituted:
(4) The initial term of a placer lease issued under this section must not exceed 10 years and the lessee has the right to renew the placer lease for one or more further terms not exceeding 10 years each if
(a) the lessee complies with this Act, the regulations and the conditions of the placer lease, and
(b) the gold commissioner is satisfied that the placer lease is required for a mining activity.
34 Section 41 is amended
(a) in subsection (1) by striking out "minister" and substituting "chief gold commissioner", and
(b) in subsection (2) by striking out "minister." and substituting "chief gold commissioner."
35 Section 42 is amended
(a) by repealing subsections (1) and (2), and
(b) by adding the following subsection:
(4) If the lessee of a placer lease issued under any of the former Acts complies with this Act, the regulations and the conditions of the placer lease, the lessee has the right to renew the placer lease for one further term not exceeding 10 years.
36 Section 48 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) Nothing in this Act shall be construed as invalidating or diminishing
(a) a right to a mineral substance that a person acquired under another enactment before August 15, 1988, or
(b) an obligation imposed on a person referred to in paragraph (a) in respect of that mineral substance.
(2) Subject to subsections (3) and (4) and despite a mineral reserve having been established under any of the former Acts, a person who, before August 15, 1988, acquired under another enactment a right to a mineral substance in mineral lands, has, for as long as his or her right under the other enactment exists, one of the following exclusive rights:
(a) if the right under the other enactment was conferred on the person by a lease, to have the lease converted into a mining lease in respect of that mineral substance on application to the gold commissioner in the prescribed form, on payment of the prescribed fee and on satisfying the gold commissioner that he or she has
(i) had the lands surveyed by a British Columbia land surveyor and had the survey approved by the Surveyor General, and
(ii) complied with section 37 (2) (b) and (c);
(b) if the right under the other enactment was conferred on the person by a permit or a licence, to locate a mineral claim over those lands in respect of that mineral substance. ,
(b) in subsection (3) by striking out "subsection (2) (a) (i)," and substituting "subsection (2) (a),",
(c) in subsection (4) by striking out "subsection (2) (a)" and substituting "subsection (2)" and by striking out "Minister of Forests and Lands" and substituting "minister responsible for the administration of the Land Act",
(d) in subsection (5) by striking out "subsection (2) (a)," and substituting "subsection (2),",
(e) by repealing subsections (6), (7) and (8),
(f) in subsection (9) by striking out "subsection (2) (a) (i)" and substituting "subsection (2) (a)" and by striking out "subsection (2) (a) (ii) or (6) (b)" and substituting "subsection (2) (b)",
(g) by repealing subsection (10),
(h) in subsection (11) (b) by striking out "section 35 (9) (b)," and substituting "section 35 (7) (b),", and
(i) by adding the following subsection:
(13) Where a person is, at the time this subsection comes into force, the recorded holder of a mineral claim or a mining lease over mineral lands and no person has, before this subsection comes into force, acquired under another enactment a right to a mineral substance within those lands, the title of the recorded holder includes all minerals, as defined in this Act, within those lands.
37 The following section is added:
48.1 (1) If the minister receives a request to amend or delete a portion of an area reserved by B.C. Reg. 138/94, as amended from time to time before or after this section comes into force, so that a free miner may acquire a mineral title for the purposes of conducting a mining activity within the reserved area and over land for which a Crown grant was issued on or after August 15, 1988, the minister and the minister responsible for the administration of the Land Act may, subject to the consent of the current owner of the land over which the Crown grant is issued, jointly make regulations to amend or delete a portion of the reserved area to allow the free miner to acquire a mineral title on the terms, conditions and limitations prescribed in the regulation.
(2) No compensation is payable by the government to any person and no proceedings shall be commenced or maintained to claim compensation from the government as the result of a regulation made under subsection (1).
38 Section 49 is repealed.
39 Section 54 (1) is amended by striking out ", by himself or his agent,".
40 Section 60 is amended
(a) in subsection (1) by adding "and" at the end of paragraph (i) and by repealing paragraphs (i.1) and (i.2),
(b) in subsection (1) by adding the following paragraphs:
(b.1) standards of knowledge respecting mineral exploration and integrated resource management principles,
(e.1) specifying survey methods for the establishment of placer lease boundaries,
(g.1) calculating amounts for the maintenance of claims by an annual payment in lieu of exploration and development, and may provide different amounts for different reserved areas,
(g.2) prescribing the number of years of exploration and development for the purposes of section 26,
(g.3) prescribing the time or times that a bulk sample on a claim may be taken and specifying the quantities of and conditions under which the bulk samples may be taken, and may specify different times, quantities and conditions for minerals and placer minerals,
(g.4) methods by which mineral rights are located or acquired, , and
(c) in subsection (3) by striking out "minister" and substituting "chief gold commissioner".
41 Section 69 is repealed.
42 Section 5 of the Coal Act, R.S.B.C. 1979, c. 51, is repealed and the following substituted:
5 (1) If the chief gold commissioner appointed under the Mineral Tenure Act is satisfied that a free miner has contravened this Act or the regulations, or has contravened the protection of a protected heritage property, the chief gold commissioner may, by order, cancel the free miner's certificate and his or her right to apply for another.
(2) Section 8 of the Mineral Tenure Act applies to this Act.
43 Section 1 of the Land Act, R.S.B.C. 1979, c. 214, is amended by adding the following definition:
"construction purpose" includes, without limitation,
(a) the building or maintenance of a road, railway bed, runway, berm, dam, impoundment, breakwater, dyke, levee, foundation, rock wall and other similar thing, and
(b) the providing of fill and riprap; .
44 Section 15 is amended:
(a) by striking out "and" at the end of paragraph (a), and
(b) by repealing paragraph (b) and substituting the following:
(b) rock and natural substances that are used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined, and
(c) rock or a natural substance prescribed under section 1.1 (2) of the Mineral Tenure Act.
45 Section 24 (b) is amended
(a) by striking out "and" at the end of paragraph (a), and
(b) by repealing paragraph (b) and substituting the following:
(b) rock and natural substances that are used for a construction purpose on land that is not within a mineral title or group of mineral titles from which the rock or natural substance is mined, and
(c) rock or a natural substance prescribed under section 1.1 (2) of the Mineral Tenure Act, .
46 Section 47 (1) (a) (ii) is amended by striking out "and any minerals, precious or base, including coal, petroleum and any gas or gases," and substituting ", minerals, whether precious or base, as defined in section 1 of the Mineral Tenure Act, coal, petroleum and any gas or gases,".
47 Section 14 (c) of the Miscellaneous Statutes Amendment Act (No. 1), 1989, S.B.C. 1989, c. 71, is repealed.
48 This Act comes into force by regulation of the Lieutenant Governor in Council.
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