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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to November 2, 1999]
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Contents |
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Section |
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1 In this Act:
"block" means a block as defined in the Petroleum and Natural Gas Act;
"Coal Act, 1960" means the Coal Act repealed by this Act;
"coal land" means land in which the coal or the right to explore for, develop and produce coal, is vested in or reserved to the government;
"coal land reserve" means coal land reserved from alienation under section 26;
"cultural heritage resource" means a cultural heritage resource as defined in the Mineral Tenure Act;
"free miner" means a holder of a free miner certificate;
"free miner certificate" means a valid and subsisting free miner certificate issued under the Mineral Tenure Act;
"lease" means a valid and subsisting lease issued under section 22;
"licence" means a valid and subsisting licence issued under section 14;
"location" means the area of land specified in a licence or lease;
"owner" means
(a) the government for land owned by the government,
(b) a person registered in the land title office as the registered owner of the surface area or as its purchaser under an agreement for sale, and
(c) a person to whom a disposition of Crown land has been issued under the Land Act;
"permit" means a valid and subsisting permit issued under section 3;
"produce" means mining and removing coal for use, marketing or sale;
"protected heritage property" means protected heritage property as defined in the Mineral Tenure Act;
"surface area" means surface area of land;
"unit" means a unit as defined under the Petroleum and Natural Gas Act;
"work" means prescribed exploration and development work, or classes of exploration and development work.
2 (1) Unless the person is a free miner, a person must not
(a) explore for, develop or produce coal on coal land, or
(b) acquire or renew a licence or lease or acquire a permit.
(2) A free miner may enter, occupy and use coal land to prospect for coal and establish a location in accordance with this Act, but a free miner must not do any of the following:
(a) explore for or develop coal on coal land unless the free miner is a licensee or lessee respecting the coal land;
(b) subject to section 12 (1), produce coal on coal land unless the free miner is a lessee or holder of a permit respecting the coal land;
(c) explore for, develop or produce coal on coal land unless the free miner complies with the Mines Act.
3 (1) Subject to section 12 (1), a licensee must not produce coal on the licence location unless the licensee first obtains from the minister a limited production permit.
(2) On payment of the application fee prescribed by the Lieutenant Governor in Council, the minister may issue a limited production permit subject to the terms and conditions the minister specifies in the permit.
4 (1) A person must not explore for, develop or produce coal within the boundaries of a park created under an Act or a Provincial heritage property established under section 23 of the Heritage Conservation Act unless the exploration, development or production is first authorized by the Lieutenant Governor in Council on the recommendation of the person, corporation, municipality or government responsible for the park or Provincial heritage property.
(2) Subsection (1) applies despite any other Act, or an agreement entered into before or after August 1, 1974, or any free miner certificate, licence, permit or lease, whether issued before or after August 1, 1974.
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 10 of the Mineral Tenure Act applies to this Act.
6 (1) If a licensee, lessee or holder of a permit does not comply with any provision of this Act, the regulations, the licence, lease or permit, the minister may notify him or her by registered mail of the provisions not complied with and may require the licensee, lessee or holder to comply with the provisions within the period specified in the notice.
(2) If a licensee, lessee or holder of a permit does not comply with a provision specified in the notice in the period specified, the minister may suspend, by order, any exploration, development or production carried out by the licensee or holder of a permit until he or she complies.
7 (1) A free miner may enter, occupy and use coal land and prospect, explore for, develop and produce coal.
(2) The right of entry under subsection (1) does not extend to any of the following:
(a) land occupied by a building;
(b) the curtilage of a dwelling house;
(c) protected heritage property except as authorized by the minister or local government responsible for the protection of the heritage property;
(d) orchard land;
(e) land under cultivation.
(3) Despite this or any other Act, the minister may restrict the use of surface rights by a person who holds a licence if, after inspection and giving reasonable notice to that person, the minister considers that the surface area is or contains a cultural heritage resource or is so situated that it should be used for purposes other than mining.
(4) If surface rights are restricted under this section, the minister must serve the licensee with a notice of the restriction.
(5) No compensation is payable as a result of a restriction under this section.
(6) A free miner must not begin the exploration, development or production of coal unless the free miner first gives notice to every owner of surface area on which the free miner intends to work.
(7) A free miner is liable to pay compensation to the owners of surface area for loss or damage caused by the free miner entering, occupying or using the surface area.
(8) On application of a free miner or owner, the Mediation and Arbitration Board under the Petroleum and Natural Gas Act has authority to settle disputes arising from rights acquired under this Act in respect of entry, use or occupation, security, rent and compensation.
(9) For the purpose of subsection (8) the Petroleum and Natural Gas Act applies.
(10) In an arbitration under subsection (8) involving a conflict between rights acquired under this Act and rights acquired under the Land Act, the Mediation and Arbitration Board must take into account which of the rights was applied for first and must give the holder of those rights some priority in its consideration of the dispute between the parties.
7.1 (1) If, after the coming into force of this section, the minister responsible for the administration of the Park Act expropriates under section 11 of the Park Act the rights of the licensee under a licence or of the lessee under a lease, compensation is payable to the licensee or lessee, as the case may be, in an amount equal to the value of the rights expropriated, to be determined under the regulations.
(2) If the minister responsible for the administration of this Act and the licensee or lessee, as the case may be, do not agree as to the amount of compensation that is payable under subsection (1), the minister or the licensee or lessee may require the dispute to be settled by a single arbitrator who has the prescribed qualifications and is to be appointed by the minister.
(3) The award of the single arbitrator appointed by the minister responsible for the administration of this Act is binding on the parties to the arbitration.
8 (1) On application by the holder of a licence or lease, the minister must consent to the surrender of the licence or part of the lease.
(2) If the minister consents to a surrender under subsection (1), a refund of fees or rentals paid for the surrendered licence or lease must not be made.
9 (1) A provision in a disposition by a holder of a licence, permit or lease that has the effect of dividing the interest in the licence, permit or lease on the basis of the stratification, physical position or characteristics of the coal under the location, is void.
(2) A grantee under a disposition of a licence, permit or lease, or part of it must
(a) record the document effecting the disposition with the chief gold commissioner, and
(b) pay for the recording a fee the Lieutenant Governor in Council may prescribe.
(3) As between the parties to a document referred to in subsection (2), failure to record does not invalidate the document.
(4) A document effecting a disposition must not be recorded under this section unless the grantor is the recorded holder of the licence, permit or lease to which the document relates.
(5) A disposition of a licence, permit or lease or of an interest in any of them is not enforceable unless it is in writing, signed by the transferor or by the transferor's agent authorized in writing and, if signed by an agent, the authority of the agent must be recorded before the record of the transfer.
10 (1) If a licence or lease expires, is surrendered or is cancelled under this Act, the former licensee or former lessee may, not more than 12 months after the date of the expiry, surrender or cancellation, and subject to the consent of the chief gold commissioner, enter the location and remove any mining plant, machinery, personal property and other material placed by the former licensee or former lessee on the location.
(2) If a licensee or lessee has complied with the Act, the regulations and the licence or lease and paid to the government all money due by the licensee or lessee under this Act and the Mines Act, the chief gold commissioner must not refuse to consent.
(3) Any mining plant, machinery, personal property and other material not removed within the 12 month period specified in subsection (1) is, on order of the chief gold commissioner, vested in the government and the chief gold commissioner, on behalf of the government, may take possession and sell or otherwise dispose of it subject to the terms the chief gold commissioner considers appropriate.
11 (1) A licensee, lessee and a person exploring for, developing or producing coal on land other than coal land, must submit to the minister the information or data, required by regulation, respecting the exploration, development and production of coal.
(2) If a licence or lease expires, is surrendered or is cancelled under this Act, the licensee or lessee, not more than 90 days after the date of the expiry, surrender or cancellation must submit to the minister the information or data required under subsection (1) as if the licence or lease were valid and subsisting.
(3) On the minister's request, a lessee, a licensee or a person exploring for coal on land other than coal land must, in the prescribed manner and at his or her own expense, deliver core samples to a location specified by the minister.
(4) A person who examines a core sample at or removes a core sample from the location set out in subsection (3) must pay the prescribed fee.
12 (1) A licensee, under this Act and the licence, has the exclusive rights
(a) to explore for and develop coal on the location of the licence, and
(b) to mine and remove those quantities of coal the licensee may reasonably require for testing.
(2) A licensee is entitled to explore for and develop only that coal that is inside the boundaries, continued vertically downward, of the licence location.
(3) The holder of a licence may enter, occupy and use the surface area of the location for the purpose of exploring for and developing coal on the location and, subject to entering into an agreement in the form of a free use permit under the Forest Act, is entitled to use and remove timber on the location at the time the holder of the licence applies for the free use permit.
12.1 (1) A licensee must be issued a special use permit under the Forest Practices Code of British Columbia Act, subject to any applicable higher level plan under that Act and to any terms and conditions set by the issuing authority, for the construction of appropriate access to the area of that licence for mining exploration, if the licensee
(a) is the holder of a permit under the Mines Act for the mining exploration,
(b) applies for and receives the written approval of the Chief Inspector of Mines to the issuance under the Forest Practices Code of British Columbia Act of the special use permit, and
(c) applies under the Forest Practices Code of British Columbia Act for the special use permit.
(2) For the purpose of this section the Chief Inspector of Mines, after considering practicable alternative means of access, may grant or refuse the written approval referred to in subsection (1).
13 (1) Unless the area of a licence location is less than 256 ha, the licence location must, as nearly as possible, be a 1 600 m square, or contain 4 units.
(2) If a licence location is in an area of British Columbia in which surveys authorized under the Land Act or the Coal Act, 1960, exist, the boundaries of the licence location must conform to the existing surveys or extensions of the existing surveys approved by the minister unless the minister otherwise orders.
(3) If a licence location is in an area of British Columbia in which surveys authorized under the Land Act or the Coal Act, 1960, do not exist, the boundaries of the licence location must
(a) be contained within a block, and
(b) contain 4 contiguous units, with the southeast unit numbered 1, 3, 5, 7 or 9, or those numbers increased by 20, 40, 60 or 80.
14 (1) A free miner may apply to the minister for a licence, in the form and manner the minister specifies.
(2) An application must be accompanied by all of the following:
(a) the prescribed application fee;
(b) a prescribed rent in respect of the location;
(c) a plan and description of the location under section 13;
(d) further information the minister requires to evaluate the application.
(3) On receipt of an application and compliance with subsection (2), the minister may issue a licence to the applicant.
(4) If the minister does not issue a licence, the minister must refund the rent paid under subsection (2) (b).
15 (1) A licence is valid for a term of one year from the date of its issue.
(2) If a licensee complies during the term of the licence with every provision of this Act and the licence, the minister on application by the licensee under this section and section 17, must extend the term of the licence for further one year terms.
(3) The application must be made before the licence expires and must be accompanied by all of the following:
(a) the prescribed application fee;
(b) a prescribed rent in respect of the location;
(c) if required by regulation, proof that the licensee performed or caused to be performed on the location a value of work per hectare;
(d) subject to subsection (6), information and data on exploration and development on the location, required by regulation;
(e) payment to the minister of the amount calculated under subsection (5).
(4) For the purpose of subsection (3) (c) a regulation may prescribe different values of work for different terms of the licence.
(5) Subject to section 16, if an application is made under subsection (2) and the licensee has not performed or caused to be performed work in the amount required to be performed under subsection (3) (c), the licensee must pay the minister an amount equivalent to the amount required under subsection (3) (c), less the amount performed or caused to be performed by the licensee.
(6) If an application is made under subsection (2) and the licensee satisfies the minister that it is impracticable to file the information and data required under subsection (3) (d), the minister may permit the licensee to file the information and data during a period not exceeding 90 days from the date of the application.
(7) In giving approval under subsection (6), the minister may require the licensee to deposit with the minister an amount equivalent to the amount required under subsection (3) (e).
(8) If the information and data required under subsection (3) (d) is filed and approved within the period approved by the minister under subsection (6), the minister must refund to the licensee the deposit paid under subsection (7).
16 If a licensee has performed, or caused to be performed, the amount of work required under section 15 (3) (c) but has not applied under section 15 (2) to extend the term of the licence, the licensee may, not more than 30 days after the date the licence expires and on payment of the prescribed late application fee, apply under section 15 (2) to extend the term of the licence.
17 (1) If a licensee has performed or caused to be performed work in excess of the amount required under section 15 (3) (c) and applies not more than 30 days after the date the licence expires, the minister must credit the excess amount toward work required during any subsequent term of the licence.
(2) A licensee must not be credited with an amount that would, at any time, exempt the licensee from the work requirement under section 15 (3) (c) for a period of more than 10 years.
18 (1) On payment of the prescribed fee, up to 15 contiguous licence locations may be grouped in accordance with the regulations.
(2) The amount of work required under section 15 (3) (c) on a location in the group may be performed on one or more locations in the group.
(3) If licence locations are grouped under subsection (1), to make uniform the terms of the licences, the minister may consolidate the date rentals are to be paid and the value of work to be performed on the locations.
(4) Work performed during the first 3 terms of contiguous licences issued in the same calendar year may be applied to any of the licence locations without grouping them under this section.
(5) Excess work performed on a licence location under subsection (4) must not be credited for a period of more than 3 years to another licence location under subsection (4) but, subject to the 10 year limit in section 17 (2), if those locations are grouped under this section, any excess work that, but for the 3 year limit in this subsection, would have been creditable if the locations had been grouped, may be credited to those locations.
19 On application of a licensee, the minister may change the anniversary date of a licence, and if the minister does so, the work requirement and rent must be prorated for the terms affected by the change.
20 (1) Subject to subsection (2), a lessee has the exclusive right, in accordance with this Act and the lease, to explore for, develop and produce coal on the location of the lease.
(2) Subject to subsection (3), a lessee does not acquire, under the lease, any right, title or interest in the surface area of the location of the lease.
(3) If the surface area of a lease location is owned by the government and is used or occupied by the lessee, the lessee is entitled to enter, occupy and use, under this Act and the lease, the surface area to produce coal and, for that purpose, is entitled to a licence under the Forest Act to cut timber on the location.
21 (1) The boundaries of a lease location must conform to the boundaries of licence locations.
(2) The lease location may contain one or more units.
(3) The minister may require an applicant under section 22
(a) to have the lease location surveyed by a British Columbia land surveyor, and
(b) to file a copy of the survey notes and plots of the survey with the Surveyor General.
22 (1) A licensee or a lessee under section 24 may apply, in the form and manner the minister specifies, for a lease.
(2) An application under subsection (1) must be made to the minister, and must be accompanied by all of the following:
(a) the application fee prescribed;
(b) a prescribed rent in respect of the location;
(c) a plan and description of the location under section 21;
(d) a plan of operations showing the exploration, development and production to be carried out on the location during the term of the lease, supported by the data, feasibility studies and other information the minister may require, under the regulations, to evaluate the application.
(3) If the minister is satisfied that the application is made in accordance with subsections (1) and (2) the minister must issue a lease to the applicant.
23 (1) Subject to a contrary provision in this Act, a lease is valid for the term requested by the applicant, not to exceed 30 years from the date of its issue.
(2) If a lessee complies during the term of the lease with every provision of this Act and the lease, the minister, on application by the lessee under this section, must extend the lease for terms requested by the lessee, not to exceed 15 years from the date of the expiry of the previous term.
(3) An application under subsection (2) must be made before the term of the lease expires, in the form and manner the minister specifies and must be accompanied by all of the following:
(a) the application fee, if prescribed;
(b) a prescribed rent in respect of the location;
(c) the information or data the minister requires to evaluate the application.
(4) A lessee must pay to the government, in advance of the year for which it is payable, a prescribed rent in respect of the location.
(5) Despite any provision of a lease, the minister may extend the term of a lease subject to the terms and conditions the minister considers appropriate.
24 (1) If an applicant under section 22 satisfies the minister that it is not feasible to produce coal from the location, the minister must, subject to the regulations, issue a 5 year term lease to the applicant.
(2) The minister must renew for a term not exceeding 5 years a lease issued or renewed under this section if the applicant satisfies the minister that it is not feasible to produce coal from the location.
(3) The application must be made at least 60 days before the end of the term of the lease.
(4) An application under subsections (1) and (2) must be accompanied by a prescribed rent in respect of the location.
(5) If a lease is not renewed under this section the minister must, on application by the lessee made within 30 days after the expiry of the lease and payment of the rental under subsection (7), issue one or more licences to the lessee over the same locations that existed before the original lease was issued.
(6) Section 14 does not apply to the issue of a licence under this section.
(7) If a licence was issued under subsection (5), the work required under section 15 is the work that would have been required under the original licences had they continued to be renewed under section 15 and not converted to a lease under subsection (1).
(8) A free miner must not establish a location on the surface area covered by a lease that expires under this section until 30 days after the expiry or, if an application is made under subsection (5), the minister denies the application.
25 (1) If, in the opinion of the minister, a lessee is in default because of not
(a) complying with a provision of this Act, the regulations, or the lease, or
(b) exploring for, developing or producing coal under the plan of operations filed under section 22 (2) (d),
the minister must send to the lessee, by registered mail, a notice specifying the default.
(2) If the default under subsection (1) is not remedied to the satisfaction of the minister within the time specified,
(a) the minister may, by order, suspend the operations of the lessee until the default is remedied and
(b) the Lieutenant Governor in Council, on the recommendation of the minister, may cancel the lease.
26 (1) The minister may, by regulation, designate an area of coal land as a coal land reserve.
(2) Unless a regulation designating coal land as a coal land reserve provides otherwise,
(a) a free miner must not explore for, develop or produce coal on a coal land reserve, and
(b) a permit, licence or lease must not be issued for a coal land reserve.
(3) The minister may, by regulation, cancel at any time all or part of a coal land reserve subject to the terms and conditions the minister prescribes.
(4) If a designation is made under subsection (1), or a cancellation is made under subsection (3), the minister must publish notice of the designation or cancellation in 2 consecutive issues of the Gazette.
27 A person who, on July 31, 1974, was not producing coal from land other than coal land must not commence production after August 1, 1974 unless
(a) the person submits to the minister the plan of operations required under section 22 (2) (d), and
(b) the minister approves the plan.
28 The Surveyor General may make regulations respecting the surveying of land and locations under this Act.
29 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the transportation, storage, use, examination and analysis of core samples;
(b) respecting the confidentiality of information required to be supplied under the regulations;
(c) prohibiting a public servant from divulging specified information to anyone other than another public servant;
(d) respecting the technical qualifications required by a person who prepares reports describing technical work or who supervises the preparation of those reports;
(e) empowering the chief gold commissioner to waive the requirements prescribed under paragraph (d) in prescribed circumstances;
(e.1) for the purposes of section 7.1,
(i) determining value and defining the components that comprise value,
(ii) methods of evaluation for use in determining value, that may differ according to different components of value,
(iii) factors to be taken into account in an evaluation,
(iv) defining the role of evaluators in a determination of value and prescribing qualifications for evaluators that are prerequisite to their participation in the determination of value, and
(v) prescribing the qualifications for a single arbitrator referred to in section 7.1;
(f) respecting the submission of reports to the minister relating to coal exploration activities;
(g) respecting applications to the minister for limited production permits and empowering the minister to determine the information that must be contained in the applications;
(h) respecting fees and rentals to be paid under this Act.
(3) A rent prescribed for a location may be based on the size of the location.
30 (1) The minister may, by order, establish any form required, and any procedural rule for the use of a form required, under this Act.
(2) If the minister considers that a person, through no fault of the person, is unjustly prejudiced by a time limit or requirement under this Act, the minister may, by order,
(a) extend the time limit whether or not it has expired, and
(b) suspend for a period of time a requirement to pay a rental or perform work.
31 A person commits an offence who does any of the following:
(a) explores for, develops or produces coal other than under this Act and the regulations;
(b) contravenes a provision of this Act or the regulations;
(c) refuses to submit any information required under this Act or under an order of the minister;
(d) makes, assents to or acquiesces in making a false or deceptive return of any information required under this Act or under an order of the minister.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada