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M-13.1 - Mining Act
Section 52
Disposition versions
52. The registrar shall refuse a notice of map designation
(1) where the land is subject to an exclusive exploration right registered in accordance with this subdivision;
(2) where the land is subject to a mining lease, a mining concession, an application for a mining lease or an application for a conversion of an exclusive exploration right under subdivision 5 of Division III of this chapter;
(3) where the land’s mineral substances are withdrawn from prospecting, mining exploration and mining operations;
(4) where the land is subject to a temporary suspension notice pursuant to section 304.1;
(5) where the land is an outstanding geological site classified under section 305.1;
(6) where the land has been designated on a map in contravention of sections 38 and 288;
(7) where the land has been designated by a person who does not meet the conditions set out in section 18.1; or
(8) where the territory has an area of 0.1 hectares or less.
The registrar shall forward, to the Minister, every notice of map designation that concerns a parcel of land
(1) referred to in section 4, where only gold and silver form part of the domain of the State;
(2) from which mineral substances referred to in section 5 have been, or are being, extracted, except sand or gravel;
(3) referred to in section 33; or
(4) where the mineral substances are reserved to the State.
The Minister may refuse the notice of map designation or, where considered necessary by the Minister, accept it subject to the conditions and requirements imposed by the Minister that may, in particular and notwithstanding the provisions of this Act, concern work to be performed on the parcel of land that will be subject to the exclusive exploration right.
52. The registrar shall refuse a notice of map designation
(1) where the land is subject to a claim registered in accordance with this subdivision;
(2) (subparagraph repealed);
(3) where the land has been designated on a map in contravention of section 29, 30, 30.1 or 38;
(4) where it does not meet the requirements of section 49, in particular where the conversion cannot be effected;
(5) where the territory has an area of 0.1 ha or less.
The registrar shall forward, to the Minister, every notice of map designation that concerns a parcel of land
(1) referred to in section 4, where only gold and silver form part of the domain of the State;
(2) from which mineral substances referred to in section 5 have been, or are being, extracted, except sand or gravel;
(3) referred to in section 33; or
(4) where the mineral substances are reserved to the State under section 304.
The Minister may refuse the notice of map designation or, where considered necessary by the Minister, accept it subject to the conditions and requirements imposed by the Minister that may, in particular and notwithstanding the provisions of this Act, concern work to be performed on the parcel of land that will be subject to the claim.
The Minister may also, in the public interest, impose such conditions and requirements on the claim holder during the term of the claim, alter existing conditions and requirements or impose new conditions and requirements.
52. The registrar shall refuse a notice of map designation
(1) where the land is subject to a claim registered in accordance with this subdivision;
(2) (subparagraph repealed);
(3) where the land has been designated on a map in contravention of the second paragraph of section 28 or section 29, 30, 30.1 or 38;
(4) where it does not meet the requirements of section 49, in particular where the conversion cannot be effected;
(5) where the territory has an area of 0.1 ha or less.
The registrar shall forward, to the Minister, every notice of map designation that relates to a parcel of land
(1) from which mineral substances referred to in section 5 have been, or are being, extracted, except sand or gravel;
(2) for which authorization from the Minister would be required under section 32 or 33 were the parcel of land a parcel of land open for staking.
The Minister may refuse the notice of map designation or, where considered necessary by the Minister, accept it subject to the conditions and requirements imposed by the Minister that may, in particular and notwithstanding the provisions of this Act, concern work to be performed on the parcel of land that will be subject to the claim.
The Minister may also, in the public interest, impose such conditions and requirements on the claim holder during the term of the claim, alter existing conditions and requirements or impose new conditions and requirements.
52. The registrar shall refuse a notice of map designation
(1) where the land is subject to a claim registered in accordance with this subdivision;
(2) (subparagraph repealed);
(3) where the land has been designated on a map in contravention of the second paragraph of section 28 or section 29, 30 or 38;
(4) where it does not meet the requirements of section 49, in particular where the conversion cannot be effected.
The registrar shall forward, to the Minister, every notice of map designation that relates to a parcel of land
(1) from which mineral substances referred to in section 5 have been, or are being, extracted, except sand or gravel;
(2) for which authorization from the Minister would be required under section 32 or 33 were the parcel of land a parcel of land open for staking.
The Minister may refuse the notice of map designation or, where considered necessary by the Minister, accept it subject to the conditions and requirements imposed by the Minister that may, in particular and notwithstanding the provisions of this Act, concern work to be performed on the parcel of land that will be subject to the claim.
The Minister may also, in the public interest, impose such conditions and requirements on the claim holder during the term of the claim, alter existing conditions and requirements or impose new conditions and requirements.
52. The registrar shall refuse a notice of map designation
(1) where the land is subject to a claim registered in accordance with this subdivision;
(2) (subparagraph repealed);
(3) where the land has been designated on a map in contravention of the second paragraph of section 28 or section 29, 30 or 38;
(4) where it does not meet the requirements of section 49.
The registrar shall forward, to the Minister, every notice of map designation that relates to a parcel of land
(1) from which mineral substances referred to in section 5 have been, or are being, extracted, except sand or gravel;
(2) for which authorization from the Minister would be required under section 32 or 33 were the parcel of land a parcel of land open for staking.
The Minister may refuse the notice of map designation or, where considered necessary by the Minister, accept it subject to the conditions and requirements imposed by the Minister that may, in particular and notwithstanding the provisions of this Act, concern work to be performed on the parcel of land that will be subject to the claim.
The Minister may also, in the public interest, impose such conditions and requirements on the claim holder during the term of the claim, alter existing conditions and requirements or impose new conditions and requirements.
52. The registrar shall refuse a notice of map designation
(1) where the land is subject to a claim registered in accordance with this subdivision;
(2) where the land has been designated on a map without the Minister’s authorization as required by section 32 or 33;
(3) where the land has been designated on a map in contravention of the second paragraph of section 28 or section 29, 30, 35, 37, 38, 41 or 42;
(4) where it does not meet the requirements of section 49.
