304. The Minister may, by order,(1) reserve to the State or withdraw from prospecting, mining exploration and mining operations any mineral substance forming part of the domain of the State and necessary for any purpose that the Minister considers to be in the public interest, in particular, — mining inventory and exploration work;
— mining, industrial, port, airport or communications facilities;
— underground conduits;
— development and utilization of waterpower, power transmission lines, storage tanks or underground reservoirs;
— creation of parks or protection areas;
— plant-life and wildlife conservation;
— the protection of eskers that may be a source of drinking water;
— respect for protection areas established under the Groundwater Catchment Regulation (chapter Q-2, r. 6);
— the protection of the rehabilitation and restoration work carried out in accumulation areas under sections 232.1 and 232.11;
— classification as an exceptional forest ecosystem under the Sustainable Forest Development Act (chapter A-18.1) or designation of biological refuges under that same Act; (1.1) (subparagraph repealed);
(1.2) (subparagraph repealed);
(2) (subparagraph repealed);
(2.1) define, for lands of the domain of the State, the types of construction that may be erected or maintained by the holder of a claim of the land subject to the claim without being required to obtain authorization from the Minister;
(3) (subparagraph repealed);
(4) (subparagraph repealed).
Where the land on which mining inventory and mining exploration work is to be performed is in a reserved area or an agricultural zone within the meaning of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the Minister shall consult the Commission de protection du territoire agricole du Québec before withdrawing the land from prospecting, map designation, mining exploration or mining operations. The Minister must, by order, reserve to the State all mineral substances that form part of the domain of the State and for which a lease to mine surface mineral substances was refused under section 142.0.1 or terminated by the Minister under section 142.0.2.
The Minister may allow, by order, on land reserved to the State, mining exploration or mining operations in accordance with this Act for such mineral substances as are determined by the Minister.
The order comes into force on the day of its publication in the Gazette officielle du Québec or on any later date specified therein.
An order made by the Minister under subparagraph 1 of the first paragraph, concerning the designation of a biological refuge, must refer to the number assigned the biological refuge appearing in the list referred to in section 29 of the Sustainable Forest Development Act, and is valid without further formality.
The order is published on the department’s website and comes into force on the date given on that website.
1987, c. 64, s. 304; 1988, c. 9, s. 50; 1991, c. 23, s. 8; 1996, c. 26, s. 85; 1998, c. 24, s. 127; 1999, c. 40, s. 178; 1998, c. 24, s. 127; 2001, c. 6, s. 149; 2007, c. 39, s. 33; 2010, c. 3, s. 305; 2013, c. 16, s. 19; 2013, c. 32, s. 106; 2016, c. 35, s. 23; 2021, c. 352021, c. 35, s. 681.