Minerals - Land Access and Use
Land Access and Use
A prospector, a holder of a claim, a holder of a mining lease or an
operator of a mine is liable for any actual damage to or interference with
the use and enjoyment of property caused by him/her or anyone acting on
his/her behalf.
Who to Notify
Before undertaking exploration work and general
prospecting; a right holder needs to notify appropriate parties. The
following table
provides contact information for various prospecting activities and a list
of forms to use.
Private Lands
Prior to commencing work on private lands (e.g., blazing,
cutting trees or bushes, digging pits, trenching, drilling, road building,
etc.) the following procedures must be followed:
- Contact the land owner face-to-face (make a personal visit) and
advise him/her of the planned work by presenting him/her with a
completed
notice of planned work on private land-Form 18. Forward a copy of
the completed form to the Recorder, indicating how and when the
landowner was notified.
- Attempt to reach an agreement with the landowner regarding damage to
and interference with use and enjoyment of his land, including plans for
reclamation (e.g., filling in trenches and covering with topsoil).
- If the landowner cannot be contacted, satisfy the Recorder that a
reasonable effort to do so was made and either:
- Send a copy of the completed form 18 to the
landowner's last known address, or
- Advertise a notice of the planned work once in each of two
consecutive weeks in a newspaper circulated in the area where the work
will be performed.
- If the landowner can be contacted but an agreement cannot be reached
within 60 days of the contact, the work can be done after a security has
been deposited with the Recorder. Please note that certain restrictions
apply.
Unless the landowner agrees to other arrangements, the
first and fourth procedures must be repeated for each year work is planned
and any other time there is a significant change in a planned work.
The Recorder will review the submitted form and give
permission on behalf of the Department of Natural Resources for the work to
proceed.
In some cases, the Recorder will advise the person
planning the work that a reclamation plan is required before the work can
commence. In such cases, a copy of the
reclamation plan must be given to the landowner at least 60 days prior
to the commencement of the work, unless the landowner agrees to a shorter
time.
Note: Information regarding
ownership of private lands can be obtained from
Service New Brunswick:
- Toll free within the Province: 1 888-762-8600
- Outside the Province: 506-684-7901
When visiting a Service New Brunswick office, a
prospector should take along a map showing his/her claims to assist in the
search process.
Crown Lands
Prior to commencing work that would cause actual damage
to or interference with the use and enjoyment of Crown lands; the following
procedures must be followed:
- Submit to the Recorder the completed
notice of planned work on crown land-Form 18.1, listing the proposed
work and enclosing a map showing the area of work and the claims.
- The Recorder will review the submitted form and give permission on
behalf of the Department of Natural Resources for the work to proceed.
- In some cases, the Recorder will advise the person planning the work
that a
reclamation plan and
security are required before the work can commence.
- If work is to be done on a Crown land lease, obtain the consent of
the lessee.
A lease or a right to occupy as issued under the
Crown Lands and Forests Act is required before erecting any permanent
camp, building or other structure on Crown lands.
Special Lands
Consent of the owner or appropriate authority must be
obtained prior to causing actual damage to or interference with the use and
enjoyment of the following lands:
- Lands in cities, town and villages,
- Lands occupied by railway stations and switching yards and railway
rights of way
- Lands within the boundaries of a public highway
- Lands occupied by a building or curtilage thereof, gardens and
cultivated lands
- Other lands that are prescribed by regulation.
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