BILL 75

An Act to Amend the Mining Act

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

1 The Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by adding the following after section 1.2: 

Meaning of actual damage to or interference with the use and enjoyment of private land

1.3 A prospector or a person acting on behalf of the prospector who walks on private land, or collects samples on private land by hand or by the use of a handheld tool, including a rock hammer or handheld auger, not exceeding 2 kg or 2 l each for the purpose of mineralogical identification or analysis, is deemed not to cause actual damage to or interference with the use and enjoyment of the land within the meaning of this Act.

2 Section 48.4 of the Act is amended

ain subsection (1) in the portion preceding the definition “ground staked mineral claim” by striking out “sections 48.5 to 48.8” and substituting “sections 48.5, 48.6 and 48.9”;

bby repealing subsection (3);

cby repealing subsection (4);

dby repealing subsection (5);

ein subsection (7) in the portion preceding paragraph (a) by striking out “or sections 48.7 and 48.8”.

3 The heading “Voluntary conversion of ground staked mineral claims” preceding section 48.7 of the Act is repealed.

4 Section 48.7 of the Act is repealed.

5 The heading “Mandatory conversion of ground staked mineral claims” preceding section 48.8 of the Act is repealed.

6 Section 48.8 of the Act is repealed.

7 The Act is amended by adding before section 50 the following: 

Identification of the boundaries of ground staked mineral claims over the same mineral claim unit

48.9 If a mineral claim unit covers portions of more than one ground staked mineral claim, the boundaries of the ground staked mineral claims shall be identified in the same manner as under subsection 48.4(6).