Coming into Force of New Legislative and Regulatory Provisions
The Regulation to amend the Regulation respecting mineral substances other than petroleum, natural gas and brine came into force on December 31, 2015. Seven provisions of the Act to amend the Mining Act also came into force on the same date.
Among other things, the Regulation sets out:
- the conditions for public consultations and for the monitoring committee to foster the involvement of the local community in the project as a whole (sections 39.1 to 39.3, 42.1 to 42.6 and 56.1);
- an increase in the duties, fees and other amounts associated with a claim, by 8% on January 1, 2016 and by a further 8% on January 1, 2017 (section 130.2);
- an increase in the duties, fees, rental and other amounts associated with a lease to mine surface mineral substances, by 6% on January 1, 2016 and by a further 6% on January 1, 2017 (section 130.2);
- a reduction of the minimum cost of work to be done on a claim, for a two-year period (section 138.2).
The amendments to the Mining Act that also came into force concern:
- the notice to be sent by a claim holder to the landowner and municipality when registering a claim, and the notice to be sent before carrying out work (section 65);
- the declaration of a discovery of uranium (section 81.1);
- the public consultation held by the proponent of a metal mine project where the mine has a production capacity of less than 2,000 metric tons per day (section 101.0.1);
- the consultation to be held by the applicant for a peat lease or a lease to mine surface mineral substances (e.g. sand, gravel, stone) in the case of an industrial activity or commercial export activity (section 140.1);
- the requirement for a mining lease holder to establish a monitoring committee to foster the involvement of the local community in the project as a whole (section 101.0.3).
The notice of coming into force contains a detailed description of every section of the Act that came into force on December 31, 2015 (the old and new texts), clarifies the scope of the fee increases and sets out the calculation method for the two-year reduction in the minimum cost of work to be done on a claim.
Section 65 of the Mining Act requires a claim holder to notify the local municipality, the landowner, the State lessee and the holder of an exclusive lease to mine surface mineral substances of the claim obtained, within 60 days after registering the claim in the register of real and immovable mining rights, and in the manner determined by regulation. Landowners and municipalities will find information on these new legislative provisions in the two notices shown below.
The Regulation provides that the claim holder may either send the notice of obtaining a claim to the people and municipality concerned, or publish it in a daily or weekly newspaper distributed in the region in which the claim is located. In the latter case, a map showing the location of the mining title, which can be used to situate the claim, must be published with the notice. The notice must be given on one of the attached forms, depending on whether it is handed to the people and municipality concerned, or published in a daily or weekly newspaper.
Section 65 of the Mining Act requires a claim holder to notify the local municipality and the owner of the land on which the claim is situated of the work that will be carried out, at least 30 days before the work begins. Although the Regulation does not stipulate the form of the notice, the attached form may be used as an example.