M-13 - Mining Act

Section 234 Disposition versions

1982-09-15

234. The Government may revoke, upon an application by a municipality, the surface rights in the title of a mining concession which has not been operated for at least ten years, when it considers it necessary in the public interest for the development of a municipality.

Notice of the intention to revoke such rights shall be given as set forth in section 231. If the owner does not reside in Québec or cannot be found, the notice shall be published in accordance with section 232.

1965 (1st sess.), c. 34, s. 206; 1970, c. 27, s. 35; 1977, c. 31, s. 15; 1982, c. 27, s. 8.

1977-12-31

234. The Government may revoke:

(a)  any mining concession for which letters patent were issued before the 1st of July 1911 and upon which no mining operations have been carried on during the ten years preceding the date of service or first publication of the notice mentioned in section 235;

(b)  the mining rights included in any concession of land made in any township before the 24th of July 1880, or contemplated by section 6, when no mining operations or explorations have been made there by the owner or on his behalf during:

i.  the ten years preceding the date of service or of the first publication of the notice mentioned in section 235, or

ii.  the ten years preceding a valid staking;

(c)  upon an application by a municipality, the surface rights in the title of a mining concession which has not been operated for at least ten years, when it considers it necessary in the public interest for the development of a municipality.

Sections 235 to 237 shall apply to such revocation.

The mining rights contemplated in sub-paragraph b do not include sand, gravel, building-stone and stone used for sculpture, limestone, calcite used as flux, millstones and grindstones, gypsum, common clay used in making building materials, firebrick, pottery, ceramic substances, mineral waters, infusory earths or tripoli, fuller’s earth and peat.

1965 (1st sess.), c. 34, s. 206; 1970, c. 27, s. 35; 1977, c. 31, s. 15.