Acts and Regulations

O-6 - Ownership of Minerals Act

Full text
Repealed on 1 September 2011
CHAPTER O-6
Ownership of Minerals Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“minerals” has the same meaning as in the Mining Act.(minéral)
1953, c.10, s.1
1.1This Act supersedes the Expropriation Act.
1979, c.52, s.1
Power of Cabinet to make orders
2The Lieutenant-Governor in Council has full power and authority to make such orders as he may deem necessary or desirable
(a) to declare all or any minerals, whether owned by the Crown or by any other person, existing in a natural state beneath the surface of the land anywhere in the Province, or in any designated area in the Province, to be property separate from the soil;
(b) to vest in the Crown in right of the Province all or any of such minerals or any part thereof notwithstanding that all or any of such minerals or any part thereof are claimed by any person through the express words of any instrument, enactment, law or otherwise howsoever;
(c) to fix the effective date of any order made under paragraph (a) or (b) and for that purpose to give the order retrospective effect;
(d) to declare that every grant of land from the Crown made at any time heretofore shall be construed and held to have excepted and reserved to the Crown all the minerals, within the meaning of this Act, in the land, notwithstanding the provisions of any grant or instrument or of any enactment or law;
(e) to provide for compensation to persons sustaining loss or damage by reason of any order made under this Act and the amount thereof;
(f) to prescribe the terms and conditions under which any claim may be made, or compensation may be made, for loss or damage sustained by reason of any order made under this Act;
(g) to give the exclusive right for such period not less than one year as he may determine for prospecting and staking for any minerals taken under this Act to the owners in fee simple of the lands under which such minerals lie.
1953, c.10, s.2
Power of Cabinet to make orders
3The Lieutenant-Governor in Council may make any order under this Act particular or general in its application.
1953, c.10, s.3
Effect of orders
4Every order made under this Act has the same force and effect as if embodied in an Act of the Legislature.
1953, c.10, s.4
Power of Cabinet to grant licence contrary to orders
5Where any person shows to the satisfaction of the Lieutenant-Governor in Council that any right he would have had to any mineral but for an order made under this Act is affected by such order and that he has developed any such mineral or expended money for or in connection with any such mineral, and the Lieutenant-Governor in Council deems such development or expenditure to be substantial, he may grant to such person mining rights in respect of such mineral or any part thereof, in the manner and upon the terms and conditions as the Lieutenant-Governor in Council sees fit, notwithstanding the Mining Act.
1953, c.10, s.5; 1985, c.M-14.1, s.135
Power to enter into agreements respecting Crown lands
6When the Crown and any other person have an interest in minerals in the same tract of land, the Lieutenant-Governor in Council may enter into an agreement with such person for the transfer of the Crown’s interest to that person or for the transfer to the Crown of that person’s interest.
1953, c.10, s.6
Limitation of actions
7No action lies against the Crown for any order made under this Act or anything done under any such order except for compensation awarded under section 2 or for breach of an agreement made under section 6.
1953, c.10, s.7
Compensation
8Any money compensation awarded under this Act or money payable under an agreement made under this Act shall be paid out of the Consolidated Fund.
1953, c.10, s.8
Application of Act
9No order made under this Act shall be construed to affect any mining licence or lease made or issued under Chapter 31 of The Consolidated Statutes, 1903, or any mineral claim, mining licence, mining lease or other mining right acquired, granted or continued under the Mining Act.
1953, c.10, s.9; 1985, c.M-14.1, s.135
N.B. This Act is consolidated to September 1, 2011.