Personal contact with owner
109(1)Subject to subsections (2), (3) to (3.5) and (5), a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person shall, before causing actual damage to or interference with the use and enjoyment of property other than Crown Lands,
(a)
make personal contact with the owner of the property and deliver to the owner a notice of the planned work in the form prescribed by regulation,
(b)
deliver to the Recorder a copy of the notice referred to in paragraph (a),
(c)
reach an agreement with the owner of the property with respect to the actual damage to or interference with the use and enjoyment of the property, and
(d)
receive permission of the Recorder to proceed.
Personal contact with owner
109(2)Where personal contact has not been made with the owner of property but the prospector, holder of the mineral claim or mining lease, or operator of the mine, or a person acting on behalf of such person has
(a)
satisfied the Recorder that he has made a reasonable effort to contact the owner,
(i)
sent to the owner at his last known address, with a copy to the Recorder, the notice referred to in paragraph (1)(a), or
(ii)
advertised once in each of two consecutive weeks in a newspaper circulated in the area where the property is situated a notice of the planned work on the property, and
(c)
given security in accordance with section 111,
subsection (1) does not apply.
Personal contact with owner
109(3)Where an agreement under paragraph (1)(c) has not been reached with the owner of property within sixty days after the personal contact referred to in paragraph (1)(a) is made, and where security is given under section 111, subsection (1) does not apply.
Submission of reclamation program and security
109(3.1)The Minister may require a person planning to do work referred to in subsection (1)
(a)
to submit a reclamation program in accordance with the regulations, and
(b)
to submit security conditioned for the payment of costs with respect to protection, reclamation and rehabilitation of the environment during and on discontinuance of the planned work, which security shall be in the form and amount required in accordance with the regulations,
before commencing the planned work.
Submission of reclamation program and security
109(3.2)The factors to be considered by the Minister in deciding whether or not to require the submission of a reclamation program and security under subsection (3.1) include, but are not limited to, the following:
(a)
the type and amount of planned work;
(b)
the nature and severity of the potential damage to the environment;
(c)
the nature and current use being made of the property to be affected; and
(d)
the anticipated cost of instituting and the nature of a program that would protect, reclaim and rehabilitate the environment.
Submission of reclamation program and security
109(3.3)A person submitting a program under subsection (3.1) shall deliver a copy of the program to the owner of the property.
Submission of reclamation program and security
109(3.4)If submission of a program has been required under subsection (3.1), no person shall commence the planned work until sixty days after delivery of the copy of the program to the owner of the property.
Submission of reclamation program and security
109(3.5)Subsection (3.4) does not apply where the owner of the property consents in writing to an earlier commencement.
Damage to or interference with use and enjoyment of land
109(4)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, shall not cause actual damage to or interference with the use and enjoyment of
(a)
land within an incorporated city, town or village without the consent of the city, town or village;
(b)
land occupied as station grounds, switching yards or rights of way of any railway without the consent of the owner of the railway;
(c)
land within the boundaries of a public highway without the consent of the Minister of Transportation and Infrastructure or, if the public highway is under the administration and control of the New Brunswick Highway Corporation or a project company as defined in the
New Brunswick Highway Corporation Act, the New Brunswick Highway Corporation, and, where the highway lies within the boundary of an incorporated city, town or village, the consent of the city, town or village;
(d)
land occupied by any building or curtilage thereof or as a garden or cultivated land, without the consent of the owner thereof; or
(e)
such other land as may be prescribed by regulation without the consent required by regulation.
Damage to or interference with use and enjoyment of land
109(5)Subsection (1) does not apply to a person engaged solely in the act of staking.
Damage to or interference with use and enjoyment of land
109(6)Unless the owner of property waives the requirements of this subsection a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or a person acting on behalf of such person, shall repeat the steps set out in subsections (1) to (3) and (3.3) to (3.5), as the case may be,
(a)
for each year in which work is planned; and
(b)
at any time when there is a significant change in the planned work described in the latest notice given to the owner as required under paragraph (1)(a).
1989, c.25, s.7; 1995, c.N-5.11, s.43; 1997, c.64, s.19; 2010, c.31, s.83