Legislative Assembly of New Brunswick
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An Act to Amend the Quarriable Substances Act

Legislature :
55
Session :
1
Bill No. :
45
Member :
Hon. Mr. Ashfield
First Reading :
2004-4-20
Second Reading :
2004-4-21
Committee of the Whole :
2004-5-25
Amended :
Third Reading :
2004-5-26
Royal Assent :
2004-5-28
Download PDF :
Bill 45

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                              Subsection 1(1) of the Quarriable Substances Act, chapter Q-1.1 of the Acts of New Brunswick, 1991, is amended



(a)               in the definition "peat exploration licence" by striking out "issued" and substituting "granted";



(b)               in the definition « zone riveraine » of the French version by striking out "en deça" and substituting "en deçà".



2                              Paragraph 7(a) of the Act is amended



(a)               in the portion preceding subparagraph (i) by striking out "submitted" and substituting "provided";



(b)               in subparagraph (i) by striking out "protection, reclamation and rehabilitation" and substituting "reclamation".



3                              Section 8 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



8(1)                   The Minister may grant a peat exploration licence that authorizes a person to conduct field tests necessary to determine if the quality and volume of peat in the area covered by the licence is suitable for the intended use.



(b)               by adding after subsection (1) the following:



8(1.1)             With respect to the granting of a peat exploration licence for an area that equals or exceeds the area prescribed by regulation, the Minister shall call for tenders in the manner provided by regulation.



8(1.2)             With respect to the granting of a peat exploration licence for an area smaller than the area referred to in subsection (1.1), the Minister may



(a)               call for tenders in the manner provided by regulation, or



(b)                      accept applications made in accordance with the regulations for such licence.



(c)               in subsection (2) by striking out "issued" and substituting "granted";



(d)               in subsection (3) by striking out "of issue" and substituting "the licence was granted".



4                              Section 9 of the Act is repealed and the following is substituted:



9(1)                   A holder of a peat exploration licence may apply in accordance with the regulations to the Minister and be granted a peat lease which authorizes the taking or removal of peat from Crown Lands if



(a)               the Minister approves the applicant's feasibility study report, which report shall include



(i)         a summary of exploration work performed with results and analyses, with an up-to-date summary of total exploration expenses,



(ii)       a development plan,



(iii)    a drainage plan, and



(iv)      a reclamation plan,



(b)               the applicant has provided to the Minister



(i)         the application fee, as prescribed by regulation,



(ii)       the rent set by regulation for the first year of the peat lease, and



(iii)    such information as the Minister may require in accordance with the regulations and any other information the Minister considers necessary in order to evaluate an application for a peat lease, and



(c)                the boundaries of the Crown Lands to be covered by the peat lease have been surveyed in accordance with the regulations.



9(2)                   Upon the commencement of a peat lease, the peat exploration licence in respect of which the application for the lease was made is replaced by the peat lease.



9(3)                   The holder of a peat lease shall provide to the Minister security with respect to the reclamation of the Crown Lands during and on discontinuance of quarrying within the period of time specified by the Minister and in an amount determined by the Minster having regard to the factors, if any, prescribed by regulation.



9(4)                   The holder of a peat lease who has not submitted a reclamation plan to the Minister before the commencement of this provision shall submit to the Minister a reclamation plan for his or her approval within the period of time specified by the Minister.



9(5)                   The Minister may at any time review any reclamation plan and may require the holder of the peat lease to revise the reclamation plan and, upon the Minister's request, the holder shall submit the revised reclamation plan to the Minister for his or her approval within the period of time specified by the Minister.



9(6)                              Where the Minister approves a reclamation plan under subsection (4) or (5), the Minister may require further security with respect to the reclamation of the Crown Lands from a holder of a peat lease during and on discontinuance of quarrying and, upon the Minister's request, the holder of the peat lease shall provide to the Minister the further security within the period of time specified by the Minister and in an amount determined by the Minister having regard to the factors, if any, prescribed by regulation.



5                           The heading "OPTIONS" preceding section 11 of the Act is repealed.



6                              Section 11 of the Act is repealed.



7                              Section 12 of the Act is repealed and the following is substituted:



12(1)               The issuing of a quarry permit or written authorization or the granting of a peat exploration licence, quarry lease or peat lease under this Act does not prevent or in any way limit the right of the Crown to grant prospecting, mining, timber or fishing rights over Crown Lands covered in the quarry permit, peat exploration licence, written authorization, quarry lease or peat lease.



12(2)               The Minister, in issuing a quarry permit or written authorization or in granting a peat exploration licence, quarry lease or peat lease, shall have regard to any existing rights or privileges affecting the Crown Lands to be made subject to the quarry permit, peat exploration licence, written authorization, quarry lease or peat lease.



8                              Paragraph 17(b) of the Act is amended by striking out "or rehabilitated".



9                              Section 18 of the Act is amended



(a)               in paragraph (b) by striking out "and rehabilitation";



(b)               in the portion following paragraph b) of the French version by striking out "responsabilitè" and substituting "responsabilité".



10                              Subsection 34(4) of the French version of the Act is amended by striking out "rendre".



11                              Section 39 of the Act is amended



(a)               in subsection (1)



(i)         by adding after paragraph (a) the following:



(a.01)                      respecting the granting of a peat exploration licence;



(a.02)                      respecting calls for tenders referred to in section 8;



(a.03)                      prescribing the area of Crown Lands referred to in section 8;



(ii)       by repealing paragraph (a.3);



(iii)    by adding after paragraph (d) the following:



(d.1)                      prescribing the factors that are to be taken into consideration by the Minister when requiring an amount of security referred to in section 9;



(iv)      in subparagraph (i) by striking out "protection, reclamation and rehabilitation" and substituting "reclamation";



(b)               by adding after subsection (2) the following:



39(3)                              Regulations made under paragraph (1)(l) may be retroactive in their operation to July 1, 2002, or any date after July 1, 2002.



12                        The Act is amended by adding after section 41 the following:



41.1                              Notwithstanding the repeal of section 11, subsection 11(3) as it existed immediately before its repeal continues to apply to an agreement made under that section.



13                        New Brunswick Regulation 2002-78 under the Quarriable Substances Act shall be deemed to be validly made and to have been enforceable or to be enforceable, as the case may be.



14                        This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



(a)               The existing definition is as follows:



"peat exploration licence" means an exploration licence issued under section 8 of this Act;



(b)               A correction is made in the French version.



Section 2



(a) and (b)                      The existing provision is as follows:



7                              Where a person applies in accordance with the regulations for a quarry lease, the Minister may grant a quarry lease authorizing that person to take or remove a quarriable substance, except peat, from Crown Lands if



(a)               the applicant has submitted to the Minister



(i)               security, in accordance with the regulations, with respect to the protection, reclamation and rehabilitation of the Crown Lands during and on discontinuance of quarrying,



Section 3



(a)               The existing provision is as follows:



8(1)                              Where a person applies in accordance with the regulations for a peat exploration licence, the Minister may issue a peat exploration licence authorizing that person to conduct field tests necessary to determine if the quality and volume of peat in the area covered by the licence is suitable for the intended use.



(b)               New provisions.



(c)                The existing provision is as follows:



8(2)                   The peat exploration licence issued under this section gives the holder the exclusive right to conduct field tests for peat in the area covered by the licence.



(d)               The existing provision is as follows:



8(3)                   A peat exploration licence is valid for one year from the date of issue.



Section 4



The existing provision is as follows:



9(1)                   A holder of a peat exploration licence may apply in accordance with the regulations to the Minister and be granted a peat lease which authorizes the taking or removal of peat from Crown Lands if



(a)               the Minister approves the applicant's feasibility study report,



(b)               the applicant has submitted to the Minister



(i)               security, in accordance with the regulations, with respect to the protection, reclamation and rehabilitation of the Crown Lands during and on discontinuance of quarrying,



(ii)       the application fee, as prescribed by regulation,



(iii)    the rent set by regulation for the first year of the peat lease, and



(iv)      such information as the Minister may require in accordance with the regulations, and



(c)                the boundaries of the Crown Lands to be covered by the peat lease have been surveyed in accordance with the regulations.



9(2)                   Upon the commencement of a peat lease, the peat exploration licence in respect of which the application for the lease was made is replaced by the peat lease.



Section 5



A heading is repealed.



Section 6



The existing provision is as follows:



11(1)               The Minister may, in accordance with the regulations, enter into an agreement with a holder of a peat lease whereby the Minister agrees to give the holder of the peat lease a first option to apply for a peat exploration licence in respect of Crown Lands described in the agreement.



11(2)               The agreement entered into under subsection (1) shall be for a term not exceeding five years.



11(3)               The Minister may cancel the option given under subsection (1) if



(a)               the holder of a peat lease who enters into an agreement under subsection (1) does not comply with the agreement, or



(b)               the holder of a peat lease who enters into an agreement under subsection (1) does not pay the annual option fee prescribed by regulation.



Section 7



The existing provision is as follows:



12(1)               The issuing of a quarry permit, peat exploration licence or written authorization or the granting of a quarry lease or peat lease under this Act does not prevent or in any way limit the right of the Crown to grant prospecting, mining, timber or fishing rights over Crown Lands covered in the quarry permit, peat exploration licence, written authorization, quarry lease or peat lease.



12(2)               The Minister, in issuing a quarry permit, peat exploration licence or written authorization or in granting a quarry lease or peat lease, shall have regard to any existing rights or privileges affecting the Crown Lands to be made subject to the quarry permit, peat exploration licence, written authorization, quarry lease or peat lease.



Section 8



The existing provision is as follows:



17                              Where a quarry lease or peat lease has expired or has been suspended, surrendered or cancelled, the lessee shall, within sixty days...



(b)                      ensure that the lease area has been reclaimed or rehabilitated in a manner satisfactory to the Minister.



Section 9



(a)               The existing provision is as follows:



18                              Where a quarry lease or peat lease expires or is suspended, surrendered or cancelled, the person who held the lease continues to be liable for...



(b)               the reclamation and rehabilitation of the land, and for any other obligation,



(b)               A correction is made in the French version.



Section 10



The English and French versions are made consistent.



Section 11



(a)(i)         New regulation-making authority.



(a)(ii)       The existing provision is as follows:



39(1)               The Lieutenant-Governor in Council may make regulations...



(a.3)                      respecting the agreement entered into by the Minister under section 11;



(a)(iii)      New regulation-making authority.



(a)(iv)      The existing provision is as follows:



39(1)               The Lieutenant-Governor in Council may make regulations...



(i)                      respecting things and work to be done with respect to the protection, reclamation and rehabilitation of Crown Lands before quarrying commences, during quarrying and after quarrying is discontinued;



(b)               New provision.



Section 12



Transitional provision.



Section 13



Deeming provision.



Section 14



Commencement provision.

 

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