Bill 2358 — Quarry Resources Act (50th General Assembly, 2nd Session)
Bill 2358
Newfoundland and Labrador — Bills
Second
Session, 50th General Assembly
Charles III, 2023
BILL 58
AN ACT RESPECTING
QUARRY RESOURCES IN THE PROVINCE
Received
and Read the First Time ................................................................
Second
Reading ............................................................................................
Committee .....................................................................................................
Third
Reading ...............................................................................................
Royal
Assent .................................................................................................
HONOURABLE ANDREW
PARSONS, K.C.
Minister of Industry,
Energy and Technology
Ordered to be printed by
the Honourable House of Assembly
EXPLANATORY NOTES
This Bill
would repeal the Quarry Materials Act,
1998 and enact the Quarry Resources
Act .
The Bill
would
redefine
quarry resources to clarify the distinction between minerals and quarry
resources and to remove peat from the definition and add dimension stone and
gemstone;
create
a new tenure system for quarries by creating short term 2 year, non-renewable
wayside permits and 2 classes of leases;
require
holders of exploration licences, wayside permits and leases to rehabilitate a
site in accordance with the rehabilitation standards prescribed in the
regulations;
enhance
the monitoring and enforcement of quarry operations; and
establish
resource management areas to enhance management of quarry resources.
A BILL
AN ACT RESPECTING QUARRY RESOURCES IN THE
PROVINCE
Analysis
Short title
Interpretation
Crown bound
Ownership of quarry resources
Labrador Inuit rights
PART
LICENCES, PERMITS AND LEASES
Application for exploration licence
Exploration licence
Application for wayside permit
Wayside permit
Category A lease
Category B lease
Leases generally
Duties of lessees
Assignment and renewal of leases
Matters to be considered
Amendments
Suspension or cancellation
Surrender of wayside permit or lease
Prohibition
Quarry resources required on emergency
basis
Register
Rights not conferred
Grubbing and topsoil
PART
REHABILITATION
Rehabilitation standards
Duty to rehabilitate
Rehabilitation by minister
Duties continue
PART
III
QUARRY RESOURCE MANAGEMENT AREAS
Quarry resource management areas
PART
ROYALTIES
Royalties
PART
INSPECTIONS
Inspectors
Powers of inspectors
Orders of inspector
Contravention of Act suspected
Telewarrant
Report of inspector
PART
GENERAL
Guidelines
Time periods
Geoscience surveys
Protection from liability
Title to quarry resources unaffected
Document delivery
Fees and forms
PART
VII
APPEAL AND OFFENCES
Appeal
Offences
PART VIII
REGULATIONS
Lieutenant-Governor in Council
regulations
Ministerial regulations
PART
TRANSITIONAL
Transitional
PART
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
RSNL1990 cH-4 Amdt.
SNL1991 c36 Amdt.
RSNL1990 cM-12 Amdt.
SNL1999 cM-15.1 Amdt.
SNL2009 cR-15.01 Amdt
NLR 54/03 Amdt.
NLR 78/99 Amdt.
NLR 73/11 Amdt.
SNL1998 cQ-1.1 Rep.
Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Quarry Resources Act.
Interpretation
(1) In this Act
(a) "category A lease" means a lease
issued under
section 10;
(b) "category B lease" means a lease
issued under
section 11;
(c) "compliance report" means a report
prepared by a holder of a wayside permit or lease that contains an assessment
of the holder's compliance with this Act, the regulations and the conditions of
a wayside permit or lease;
(d) "consolidated quarry resources"
means quarry resources in bedrock that requires blasting or ripping or both;
(e) "department" means the department
presided over by the minister;
(f) "development, rehabilitation and closure
plan" means a plan that sets out in detail
(
i) the planned development of a site, and
(ii) the rehabilitation of a site at any stage
during the term of the lease, including at the end of the lease;
(g) "dimension stone" means a natural
stone or rock that has been selected, shaped and finished to specific sizes or
shapes;
(h) "exploration licence" means a licence
issued under
section 6;
(i) "financial assurance" means a form of assurance which would enable the minister to
rehabilitate a site;
(j) "former Act" means the Quarry Materials Act, 1998 ;
(k) "gemstone" means a precious or
semiprecious stone that is to be cut and polished for use in jewellery or
ornaments but does not include diamonds, rubies, sapphires and emeralds;
(l) "grubbing" means stumps, organic
material and topsoil that are stripped to access quarry resources;
(m) "inspector" means a person appointed
under
section 31;
(n) "lease" includes a category A lease
and a category B lease;
(o) "minister" means the minister
appointed under the Executive Council Act
to administer this Act;
(p) "production report" means a report that
states the amount of quarry resources that are excavated or removed from a site
or a quarry;
(q) "qualified person" means an engineer or geoscientist who is a member in good
standing of the Professional Engineers and Geoscientists of Newfoundland and
Labrador;
(r) "quarry" means land
(
i) from which consolidated and unconsolidated quarry
resources are being, or have been, excavated, and
(ii) that has not been rehabilitated;
(s) "quarry resource" includes
(
i) clay, silt, sand, and gravel that will not undergo
processing to extract metals, metalloids, non-metal elements or other
substances prescribed in the regulations,
(ii) rock used in civil construction,
(iii) topsoil,
(iv) slag,
(
v) gemstones, and
(vi) dimension stone,
but does not include peat;
(t) "quarry resource management area"
means an area designated in accordance with
section 29;
(u) "rehabilitate" means to take measures in accordance with the standards
prescribed by the regulations with respect to a site so that the use or
condition of the site is, in the opinion of the minister,
(
i) restored as close as
is reasonably possible to its former use or condition,
(ii) restored to a
condition that is acceptable to the minister, or
(iii) made suitable for a
use that the minister considers appropriate;
(v) "security deposit" means an amount
of money provided to the minister to ensure that the assessment work proposed
by the holder of an exploration licence is completed within the term of the
exploration licence;
(w) "site" means the land for which an
exploration licence, wayside permit or lease or an application for an
exploration licence, wayside permit or lease relates;
(x) "site plan" means a drawing showing the
layout of a site and other information set by the minister;
(y) "topsoil" means the uppermost layer
of soil containing organic matter;
(z) "unconsolidated quarry resources"
means quarry resources overlying bedrock; and
(aa) "wayside permit" means a permit
issued under
section 8.
(2) Notwithstanding paragraph (1)(r), where the
minister is of the opinion that the production of quarry resources is not the primary
purpose of an excavation, the minister may declare that the land on which the
excavation is situate is not a quarry for the purposes of this Act.
(3) Where before 1952
there was a conveyance of Crown land by way of a grant to a person and the
grant excepts from the conveyance minerals in, on or under the land, the
reference to minerals in the grant shall be considered to include quarry
resources.
Crown bound
3. This
Act binds the Crown.
Ownership of quarry
resources
4. Quarry
resources are vested in the Crown.
Labrador Inuit
rights
(1) This Act and regulations made under this Act shall be read
and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and, where a provision of this Act or regulations made under this Act is
inconsistent or conflicts with a provision, term or condition of the Labrador
Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador
Inuit Land Claims Agreement Act shall have precedence over the provision of
this Act or a regulation made under this Act.
(2) Where, under this
Act or regulations made under this Act, the minister issues an exploration
the exploration licence, wayside permit or lease to ensure compliance with the
Act .
PART I
LICENCES, PERMITS AND LEASES
Application for exploration
licence
(1) A
person may apply to the minister for an exploration licence to explore for quarry
resources.
(2) The minister may issue an exploration licence
to a person who
(
a) submits an application to the minister in the
form and manner set by the minister;
(
b) pays the fees set by the minister;
(
c) pays the security deposit set by the minister;
(
d) provides information satisfactory to the
minister regarding the quarry resources the person intends to explore;
(
e) submits in a form satisfactory to the minister
a plan of the exploration work to be conducted that contains the information
prescribed in the regulations;
(
f) submits a description of the site that contains
the information set by the minister; and
(
g) satisfies the other requirements prescribed in
the regulations.
(3) Where requested by the minister, a person
applying for an exploration licence shall provide financial assurance in
(
a) a form prescribed in the regulations; and
(
b) an amount satisfactory to the minister.
(4) The minister shall not issue an exploration
licence for an area where
(
a) the quarry resources in the area are not
vested in the Crown; or
(
b) there is a current exploration licence,
wayside permit or lease issued for the area.
Exploration
licence
(1) A person who holds an exploration licence has, during the term of the
exploration licence, the exclusive right to
(
a) explore for or assess the quality of quarry
resources on the site; and
(
b) apply for a wayside permit or a lease for the
site or a part of the site.
(2) An exploration licence
(
a) is non-renewable and non-assignable; and
(
b) expires one year after the date it was issued.
(3) A person who holds an exploration licence
shall not remove quarry resources except for the purpose of sampling and
(4) A person who holds an exploration licence shall
(
a) submit reports to the minister containing the
information prescribed in the regulations in the time period prescribed in the
regulations; and
exploration licence and the requirements prescribed in this Act and the regulations.
(5) The
minister may issue more than one exploration licence to a person in a one year
period but the total hectares included in the exploration licences shall not
exceed 100 hectares on a single National Topographic System 1:50,000 map sheet.
(6) Notwithstanding subsection (1) and paragraph
8(3)(b), the minister may issue a wayside permit for a site for which an
exploration licence is issued where the minister determines that a wayside
permit is necessary for work conducted by, or on behalf of, the Crown.
(7) A security deposit may, in accordance with the
regulations, be
(
a) returned, in whole or in part, to the person
who currently holds or has held the exploration licence; or
(
b) forfeited, in whole or in part, to the Crown.
Application for
wayside permit
(1) A
person may apply to the minister for a wayside permit.
(2) The minister may issue a wayside permit to a
person who
(
a) submits an application to the minister in the
form and manner set by the minister;
(
b) pays the fees set by the minister;
(
c) provides information satisfactory to the
minister regarding the amount and type of quarry resource to be produced;
(
d) submits a site plan, in a form acceptable to
the minister, that
(
i) contains the information required by the
minister, and
(ii) shows the area for which the wayside permit is
required;
(
e) provides information satisfactory to the
minister regarding the reason that quarry resources are required from the site,
including information relating to alternate supplies of quarry resources;
(
f) where requested by the minister, provides a
survey of the perimeter of the site that
(
i) is prepared by a qualified land surveyor,
(ii) contains a certified plan of the survey, and
(iii) includes surveyor's notes and a description of
the land using the mapping reference datum prescribed in the regulations; and
(
g) satisfies the other requirements prescribed in
the regulations.
(3) The minister shall not issue a wayside permit
for an area where
(
a) the quarry resources in the area are not
vested in the Crown; or
(
b) there is a current exploration licence,
wayside permit or lease issued for the area.
(4) The minister may refuse to issue a wayside
permit where the minister is of the opinion that a lease would be more
appropriate for one or more of the following reasons:
(
a) a lease would better manage the quarry
resources;
(
b) the amount of production
carried out or proposed warrants operation under a lease;
(
c) a lease would
mitigate a conflict with other land uses; or
(
d) a lease would ensure
the rehabilitation of a site or proposed site.
Wayside permit
(1) A person who holds a wayside permit has, during the term of the wayside permit,
the exclusive right to dig for, excavate, remove and dispose of quarry resources
at the site.
(2) A wayside permit
(
a) is non-renewable and non-assignable; and
(
b) expires 2 years after the date it was issued.
(3) Notwithstanding paragraph (2)(b), the minister
may, in accordance with the regulations, extend the term of a wayside permit.
(4) A person who holds a wayside permit shall
(
a) pay the annual fee set by the minister in the
time period set by the minister;
(
b) submit the following reports in the time
period prescribed in the regulations:
(
i) a production report containing the information
prescribed in the regulations, and
(ii) a compliance report containing the information
prescribed in the regulations;
(
c) pay the royalties prescribed in the
regulations;
(
d) rehabilitate the site to the satisfaction of
the minister where the wayside permit expires or the holder of the wayside
permit no longer requires use of the quarry; and
wayside permit and the requirements prescribed in this Act and the regulations.
(5) Notwithstanding paragraph (2)(a), a person who
holds a wayside permit may provide written permission to a person for the
person to dig for, excavate, remove and dispose of quarry resources under the
wayside permit.
(6) Where a person who holds a wayside permit
provides written permission under subsection (5), the person who holds the
wayside permit is responsible for ensuring that
(
a) all activities on the site comply with the
(
b) the royalties prescribed in the regulations are
paid.
Category A lease
(1) A
person may apply to the minister for a category A lease where one or both of
the following apply:
(
a) production of the quarry resources is expected
to be more than 10,000 cubic metres in any one year; or
(
b) it is anticipated that there will be greater
than 10 metres depth of excavation.
(2) The minister may issue a category A lease to a
person who
(
a) submits an application to the minister in the
form and manner set by the minister;
(
b) pays the fees set by the minister;
(
c) provides information satisfactory to the
minister regarding the amount and type of quarry resources to be produced;
(
d) provides information satisfactory to the
minister regarding the reason that quarry resources are required from the site,
including information regarding alternate supplies of quarry resources;
(
e) submits a development, rehabilitation and
closure plan satisfactory to the minister that
(
i) contains the information prescribed in the
regulations, and
(ii) is prepared by a qualified person;
(
f) provides a survey of the perimeter of the site
that
(
i) is prepared by a registered land surveyor,
(ii) contains a certified plan of the survey, and
(iii) includes surveyor's notes and a description of
the land using the mapping reference datum prescribed in the regulations;
(
g) provides financial assurance in
(
i) a form prescribed in the regulations, and
(ii) an amount satisfactory to the minister; and
(
h) satisfies the other requirements prescribed in
the regulations.
(3) The minister shall not issue a category A
lease for a term that exceeds 20 years.
Category B lease
(1) A
person may apply to the minister for a category B lease where
(
a) production of the quarry resources is expected
to be no more than 10,000 cubic metres in any one year; and
(
b) it is anticipated that there will be no more
than 10 metres depth of excavation.
(2) The minister may issue a category B lease to a
person who
(
a) submits an application to the minister in the
form and manner set by the minister;
(
b) pays the fees set by the minister;
(
c) provides information satisfactory to the
minister regarding the amount and type of quarry resources to be produced;
(
d) provides information satisfactory to the minister
regarding the reason that quarry resources are required from the site, including
information regarding alternate supplies of quarry resources;
(
e) submits a development, rehabilitation and
closure plan satisfactory to the minister that contains the information
prescribed in the regulations;
(
f) where requested by the minister, provides a survey
of the perimeter of the site that
(
i) is prepared by a registered land surveyor,
(ii) contains a certified plan of the survey, and
(iii) includes surveyor's notes and a description of
the land using the mapping reference datum prescribed in the regulations;
(
g) provides financial assurance in
(
i) a form prescribed in the regulations, and
(ii) an amount satisfactory to the minister; and
(
h) satisfies the other requirements prescribed in
the regulations.
(3) The minister may, in accordance with the regulations, exempt a person who
applies for a category B lease from one or more of the requirements in
subsection (2).
(4) The minister shall not issue a category B
lease for a term that exceeds 10 years.
Leases generally
(1) A person who holds a lease has, during the term of the lease, the exclusive
right to dig for, excavate, remove and dispose of quarry resources at the site.
(2) The minister shall not issue a lease for an
area where
(
a) the quarry resources in the area are not
vested in the Crown; or
(
b) there is a current exploration licence,
wayside permit or lease issued for the area.
(3) Notwithstanding paragraphs 10(2)(
g) and
11(2)(g), financial assurance is not required for leases issued to the Crown.
(4) Notwithstanding subsection (1), a person who
holds a lease may provide written permission to a person for the person to dig
for, excavate, remove and dispose of quarry resources under the lease.
(5) Where a person who holds a lease provides
written permission under subsection (4), the person who holds the lease is
responsible for ensuring that
(
a) all activities on the site comply with the
(
b) the royalties prescribed in the regulations
are paid.
Duties of lessees
(1) A
person who holds a lease shall
(
a) pay the annual fee set by the minister in the
time period set by the minister;
(
b) submit the following reports in the time period
prescribed in the regulations:
(
i) a production report containing the information
prescribed in the regulations, and
(ii) a compliance report containing the information
prescribed in the regulations;
(
c) pay the royalties prescribed in the regulations;
(
d) rehabilitate the site in accordance with the
development, rehabilitation and closure plan, this Act, the regulations and the
and the requirements prescribed in this Act and the regulations.
(2) In addition to the requirements in subsection
(1),
(
a) a person who holds a category A lease shall
submit an updated development, rehabilitation and closure plan every 5 years
and at other times where requested by the minister; and
(
b) a person who holds a category B lease shall
submit an updated development, rehabilitation and closure plan where requested
by the minister.
Assignment and
renewal of leases
(1) A
lease may be assigned to another person where the holder of the lease
(
a) complied with this Act, the regulations and
(
b) obtained the consent of the minister to assign
the lease.
(2) The minister may renew a lease where the
holder of the lease
(
a) submits an application for renewal in the form
and manner set by the minister no later than 3 months before the expiration of
the lease;
(
b) pays the fees set by the minister;
(
c) complied with the Act, the regulations and the
(
d) submits an updated development, rehabilitation
and closure plan satisfactory to the minister; and
(
e) satisfies the other requirements prescribed in
the regulations.
(3) Where the minister renews a lease under
lease.
Matters to be
considered
15. In
determining whether to issue an exploration licence, wayside permit or a lease or
to renew a lease, the minister may consider the following:
(
a) the person's history of compliance with this
Act, the regulations, the former Act, another Act or regulations and the terms
and conditions of an exploration licence, wayside permit or lease where an
exploration licence, wayside permit or lease had previously been issued to the
applicant under this Act or the former Act;
(
b) the person's reasons as to why quarry resources
are required from the site, including information regarding alternate supplies
of quarry resources;
(
c) in the case of leases, the suitability of a development,
rehabilitation and closure plan for the site;
(
d) the possible effect of the operation of the
quarry on the environment;
(
e) the possible effect of the operation of the
quarry on nearby communities;
(
f) any comments provided by a municipality, Indigenous
organizations or other organizations in the area in which the site is located;
(
g) any possible effects on ground and surface
water resources including on drinking water sources;
(
h) any possible effects of the operation of the
quarry on other land uses;
(
i) any planning and land use considerations;
(
j) the main haul routes and proposed truck
traffic to and from the site;
(
k) the quality and quantity of the quarry
resources on the site;
(
l) the amount of quarry resources estimated to be
removed from the site;
(
m) the management of the quarry resources of the
area;
(
n) impacts on landscape aesthetics; and
(
o) other matters prescribed in regulations.
Terms and
conditions
16. The
or a lease.
Amendments
(1) The minister may at any time,
(
a) add a condition to an exploration licence,
wayside permit or lease, remove or vary a condition of an exploration licence,
wayside permit or lease; or
(
b) require a holder of a wayside permit to amend
the site plan or to submit a new site plan.
(2) A holder of an exploration licence or lease
may apply to the minister to do one or both of the following:
(
a) add, remove or vary a condition to the
exploration licence or lease; or
(
b) amend the exploration licence or lease.
(3) A holder of a wayside permit may apply to the
minister to do one or more of the following:
(
a) add, remove or vary a condition to the wayside
permit;
(
b) amend the wayside permit; or
(
c) request the ministers written approval of an
amendment to the site plan or of a new site plan.
(4) The minister may approve an amendment under
subsection (2) or (3) where the holder of the exploration licence, wayside permit
or lease
(
a) submits an application in the form and manner
set by the minister; and
(
b) provides the information and documentation
required by the minister.
Suspension or
cancellation
(1) The minister may suspend or cancel an exploration
licence, wayside permit or lease for one or more of the following reasons:
(
a) the minister is
satisfied that the holder of the exploration licence, wayside permit or lease
contravened
(
i) this Act or the
regulations,
(ii) a term or condition
of the exploration licence, wayside permit or lease, or
(iii) an order issued
under this Act;
(
b) t he minister is
satisfied that the holder of the exploration licence, wayside permit or lease
made one or more false or misleading statements in
(
i) the application for
the exploration licence, wayside permit or lease,
(ii) the information
provided in support of the application for the exploration licence, wayside permit
or lease, or
(iii) a report;
(
c) t he holder of the exploration
licence, wayside permit or lease is insolvent, declared bankruptcy or has
committed
an act of bankruptcy;
(
d) t he holder of the exploration
licence, wayside permit or lease failed
(
i) t o pay the annual
fees,
(ii) to pay the royalties prescribed in the
regulations, or
(iii) f ile reports
required to be filed under this Act or the regulations; or
(
e) a nother reason
prescribed in the regulations.
(2) Where the minister cancels an exploration
licence, a wayside permit or a lease under subsection (1), the minister may
order the person who held the ex ploration licence,
wayside permit or lease to do one or both of the following:
(
a) take the action
specified in the order to bring the site into compliance with the exploration
licence, wayside permit or lease that was cancelled; or
(
b) rehabilitate the site
as the minister considers necessary.
(3) Where financial assurance is required to be
provided under this Act, the financial assurance shall remain in force until
the site to which the financial assurance relates is rehabilitated to the
satisfaction of the minister.
(4) Notwithstanding subsection (3), a person who
is required to provide financial assurance may apply to the minister to reduce
the amount of financial assurance.
(5) Where a person makes an application under
subsection (4), the minister may reduce the amount of financial assurance where
the minister is of the opinion that the amount of financial assurance remaining
after the reduction is sufficient to pay the cost of rehabilitating the site.
Surrender of wayside
permit or lease
19. The
minister may accept the surrender of a wayside permit or a lease where the
holder of the wayside permit or lease
(
a) submits an application in the form and manner
set by the minister;
(
b) provides the information and documentation
required by the minister;
(
c) paid all fees required under this Act or the
regulations;
(
d) paid the royalties prescribed in the
regulations;
(
e) rehabilitated the site to the satisfaction of
the minister; and
(
f) satisfies any other requirements prescribed in
the regulations.
Prohibition
(1) A person shall not explore for quarry resources at a quarry unless the person
holds an exploration licence.
(2) A person shall not dig for, excavate, remove
or dispose of quarry resources from a quarry unless the person
(
a) holds a wayside permit or a lease; or
(
b) has written permission in accordance with subsection
9(5) from a person who holds a wayside permit or subsection 12(4) from a person
who holds a lease.
(3) A person shall not prepare an area for the removal
of quarry resources except in accordance with this Act, the regulations and the
Quarry resources
required on emergency basis
21. Notwithstanding
subsections 7(1), 9(1) and 12(1), where the minister is of the opinion that
quarry resources are required on an emergency basis, the Crown may, for the
purpose of obtaining quarry resources, enter land on which an exploration
licence, wayside permit or lease has been issued and dig for, excavate, remove
or dispose of quarry resources.
Register
(1) The minister shall keep a register of
(
a) exploration licences;
(
b) wayside permits;
(
c) leases; and
(
d) quarry resource management areas.
(2) The register referred to in subsection
(1) shall be available to the public.
Rights not
conferred
23. An exploration licence, wayside permit or lease does not
confer a right to minerals as defined in the Mineral Act .
Grubbing and
topsoil
(1) A
holder of a wayside permit or a lease
(
a) shall stockpile grubbing at the site for use
in rehabilitating the site; and
(
b) shall not remove grubbing from the site.
(2) Notwithstanding subsection (1), the holder of
a wayside permit or a lease may apply to the minister for approval to remove
and sell topsoil.
(3) The minister may allow the holder of a wayside
permit or lease to remove and sell topsoil in accordance with the regulations.
(4) Where the minister grants approval under
subsection (3), the minister shall amend the wayside permit or lease to state
the amount of topsoil that may be removed by the holder of the wayside permit
or lease.
PART II
REHABILITATION
Rehabilitation
standards
25. The minister shall prescribe the standards
to be followed for rehabilitating sites.
Duty to
rehabilitate
(1) A holder of an exploration licence or
wayside permit shall
(
a) rehabilitate
the site in accordance with this Act, the standards prescribed in the
permit to the satisfaction of the minister; and
(
b) submit
reports regarding the rehabilitation of the site at the times set by the
minister.
(2) A
holder of a lease shall
(
a) rehabilitate
the site in accordance with this Act, the standards prescribed in the
regulations, the development, rehabilitation and closure plan and the terms and
conditions of the lease to the satisfaction of the minister; and
(
b) submit
reports regarding the rehabilitation of the site at the times set by the
minister.
(3) A
report referred to in paragraph (1)(
b) or (2)(
b) shall be prepared in
accordance with the regulations.
(4) Where
during the course of an inspection, an inspector determines that the holder of
the exploration licence, wayside permit or lease is not rehabilitating the site
or did not rehabilitate the site in accordance with subsection (1) or (2), an
inspector may order the person to rehabilitate the site to the satisfaction of
the minister within the time period set by the minister and the person shall
comply with the order.
(5) Notwithstanding that a person has explored, dug for, excavated, removed or disposed of quarry
resources in contravention of subsection 20(1) or (2), the person is liable to
rehabilitate the area where the person explored, dug for, excavated, removed or
disposed of quarry resources.
Rehabilitation by
minister
(1) Where a holder of an exploration
licence, wayside permit or lease fails to comply with an order under subsection
26(4), the minister may enter onto the site to rehabilitate the site.
(2) The minister shall give the holder of the exploration licence, wayside
permit or lease reasonable notice of the intention to rehabilitate the site
under subsection (1).
(3) W here the minister rehabilitates a site, the costs incurred by the
minister shall constitute a debt due to the Crown and in the case of an
exploration licence or lease may be satisfied by drawing on the financial
assurance provided by the holder of the exploration licence or lease and any
expenditure by the minister in excess of the financial assurance shall
constitute a debt due to the Crown.
(4) This
section applies to a person referred to
in subsection 26(5).
Duties continue
(1) Where an exploration licence, wayside permit or a lease
expires or is cancelled, the duties under this Act, the regulations and terms
and conditions of the exploration licence, wayside permit or lease continue to
apply until the site has been rehabilitated to the satisfaction of the
minister.
(2) Notwithstanding
subsection (1), a person who held an exploration licence, wayside permit or
lease shall not incur any further liability for the site where the person has,
to the satisfaction of the minister, complied with the requirements of this
wayside permit or lease.
PART III
QUARRY RESOURCE MANAGEMENT AREAS
Quarry resource
management areas
(1) The
minister may designate areas in the province as quarry resource management
areas in which exploration licences, wayside permits or leases shall not be
issued under this Act except in accordance with this section.
(2) Quarry resource management areas shall be
(
a) designated on a map maintained by the
department and made available to the public; and
(
b) included in the register referred to in
section 22.
(3) In determining whether to designate a quarry resource
management area the minister shall consider the factors prescribed in the
regulations.
(4) The minister may make the land or portions of
the land designated in accordance with subsection (1) available for an
exploration licence, wayside permit or a lease by publishing a notice in the
Gazette and in other media in the province inviting proposals in relation to
the quarry resource management area.
(5) A proposal referred to in subsection (4) shall
contain information outlining
(
a) how the quarry resource management area will
be developed; and
(
b) how the project being proposed for the quarry
resource management area will benefit the province.
(6) The minister shall review the proposals
submitted and where the minister determines that there is an acceptable
proposal, the minister may select
a proposal.
(7) Where the minister selects a proposal under
subsection (6), the minister shall notify the person who submitted the proposal
to apply for an exploration licence, wayside permit or lease in accordance with
this Act and the regulations.
(8) Notwithstanding subsection (1), the minister
may issue a wayside permit or lease in a quarry resource management area where
the minister determines it is necessary for work being conducted by, or on
behalf of, the Crown.
PART IV
ROYALTIES
Royalties
(1) A
person who takes or removes quarry resources shall pay to the Crown the
royalties prescribed in the regulations.
(2) Notwithstanding subsection (1), a person who
takes or removes dimension stone or gemstone is not required to pay a royalty
under subsection (1) but shall pay a mining and mineral rights tax to the Crown
in accordance with the Revenue
Administration Act and Revenue Administration
Regulations .
(3) The Lieutenant-Governor in Council, may by
regulation,
(
a) exempt a person or class of persons from the
payment of royalties; or
(
b) modify the amount of royalty that a person or
class of persons prescribed in the regulations is required to pay.
(4) The holder of a
wayside permit or lease shall
(
a) keep and maintain a record
of quarry resources excavated and removed from the site; and
(
b) at the request of the minister, make the records available for inspection for the purpose
of determining the royalty payable under subsection (1).
(5) A holder of a wayside permit or lease shall
pay the royalties referred to in subsection (1) to the minister
(
a) on or before January 31 of each year in
relation to production in the previous calendar year; or
(
b) within 30 days of the expiry, surrender or
cancellation of the wayside permit or lease where a wayside permit or lease expired
or was surrendered or cancelled during the year.
(6) Notwithstanding that a person has dug for, excavated, removed or disposed of quarry resources
in contravention of subsection 20(2), the person is liable to and shall pay to
the Crown an amount equal to the amount of royalties that would be payable in
respect of the quarry resources had the quarry resources been dug for, excavated,
removed or disposed of under a valid wayside permit or lease issued under this
Act.
(7) Subsection (6) applies even where the person
referred to in subsection (6) has been, or is being, prosecuted for
contravening subsection 20(2).
(8) An amount owing
under this
section may be recovered as a debt due to the Crown.
PART V
INSPECTIONS
Inspectors
(1) T he minister may designate persons or classes of persons to
act as inspectors for the purpose of this Act and the regulations.
(2) A person shall not
knowingly make a false or misleading statement, either orally or in writing, to
an inspector while the inspector is exercising powers or carrying out duties or
functions under this Act or the regulations.
Powers of
inspectors
(1) An inspector may, at all reasonable times, for purposes
related to the administration or enforcement of this Act or the regulations,
inspect or examine the land, premises, processes, books and records of a person
that the inspector may consider relevant for the purpose of determining
compliance with this Act or the regulations, and the inspector may, without a
warrant,
(
a) enter on land or any
premises where
(
i) any property, books
or records are or may be kept, or
(ii) anything is done or
is suspected by the inspector of being done in connection with a requirement of
this Act or the regulations;
(
b) take samples, conduct tests or surveys and make copies, extracts, photographs or videos the inspector
considers necessary;
(
c) require the owner or
person in charge of land or premises to give the inspector all reasonable
assistance, including the production of books and records as requested by the
inspector, and to answer all proper questions relating to the administration or
enforcement of this Act or the regulations and, for that purpose, require the
owner or person in charge to attend at the land or premises with the inspector;
and
(
d) require the owner or
person in charge to make available the means to generate and manipulate books
and records that are in machine readable or electronic form and any other means
or information necessary for the inspector to assess the books and records.
(2) Notwithstanding
subsection (1), an inspector shall not enter a dwelling-house without the
consent of the occupant except under the authority of a warrant issued under
section
34 or 35.
Orders of
inspector
(1) Where an inspector finds that a person is not in
compliance with a provision of this Act or the regulations, the inspector may
order the person to comply with the provision and may require the order to be
carried out immediately or within the period of time that the inspector
specifies.
(2) Where an inspector is of the opinion that an
activity, work or operation is being, or has been, carried out which contravenes
this Act, the regulations or a term or condition of an exploration licence, wayside
permit or lease, the inspector may order the person responsible to stop the activity,
work or operation and to immediately or within the
period of time that the inspector specifies take the action necessary to
comply with the Act, the regulations or the term or condition of the exploration
licence, wayside permit or lease.
Contravention of
Act suspected
(1) Where during the course of an inspection under
section 32
or otherwise an inspector believes on reasonable grounds that there has been a
contravention of this Act or the regulations, the inspector may, with a warrant
issued under subsection (2) or
section 35, seize and take away any of the books
or records that may be required as evidence of a contravention and may retain
those documents until the time they are required in a court proceeding.
(2) A Provincial Court
judge who is satisfied upon oath or affirmation there are reasonable grounds
for believing there is in or on a premises anything that may provide evidence
with respect to a suspected offence under this Act or the regulations, may
issue a warrant authorizing an inspector to enter the premises and to
(
a) search;
(
b) examine the contents
of the premises and make those inquiries that the inspector considers
necessary;
(
c) seize, take away and
hold anything which on reasonable grounds appears to be used in contravening
this Act, including equipment, machinery and motor vehicles; and
(
d) copy, extract,
photograph, video, seize and take away evidence, books and records,
for the purpose of
investigating the suspected offence.
(3) The owner or person
in charge of a premises referred to in this
section or a person located at the
premises shall not obstruct an inspector in the carrying out of the inspectors
duties under this
section as authorized by the warrant.
Telewarrant
(1) Where, in the opinion of an inspector it would not be
practical to appear before a Provincial Court judge to apply for a warrant, the
inspector may make the application by telephone or other means of
telecommunication.
(2) Where an
inspector acts under the authority of a warrant obtained under this section,
the inspector shall provide a facsimile of the warrant to the owner or person
in charge of a premises present at the time the warrant is carried out.
(3) In subsection (2),
"facsimile" includes a record produced by electronic means or a
written record of a telephone conversation made by both parties to the
conversation while it is in progress and which the parties have confirmed as to
its accuracy by reading their record of the conversation to one another at the
end of the conversation.
Report of
inspector
36. An inspector shall
(
a) prepare a report
which sets out the findings and results of the inspection; and
(
b) provide a copy of
the report to the holder of an exploration licence, wayside permit or lease, as
applicable.
PART VI
GENERAL
Guidelines
37. The
minister may establish guidelines relating to the exploration of quarry
resources and the operation of quarries.
Time periods
38. The
minister may, by regulation, prescribe time periods in which one or more of the
following shall be completed:
(
a) a decision regarding an application for the
issuance of an exploration licence, wayside permit or lease;
(
b) a decision regarding an application for the
renewal of a lease;
(
c) the return of a security deposit; or
(
d) the completion of a report by an inspector.
Geoscience
surveys
39. Notwithstanding
subsections 7(1), 9(1) and 12(1), the minister may authorize persons to enter
land on which an exploration licence, wayside permit or lease has been issued to
conduct geological, geochemical and geophysical surveys for the purposes of
collecting data for the Crown.
Protection from
liability
40. The minister, an inspector or a person acting on behalf of
the minister, shall not be liable for anything done or omitted to be done in
good faith in the exercise or performance of a power, duty or function
conferred or imposed on the minister, inspector or person under this Act or the
regulations.
Title to quarry
resources unaffected
41. Nothing in this Act affects the title of a person to quarry
resources validly acquired in accordance with the law existing at the date of its
acquisition.
Document
delivery
(1) A document required to be delivered under this Act or the
regulations may be
(
a) personally delivered to the person's last
known address;
(
b) sent by registered
mail to the person's last known address; or
(
c) sent electronically
to the email address provided by the person.
(2) For the purpose of
this section, where a document is sent
(
a) by registered mail,
it shall be considered to have been received on the fifth day after mailing; or
(
b) electronically, it
shall be considered to have been received on the day it is sent, if the
document is sent by 4 p.m., or the next day that is not a Saturday, Sunday or
holiday, if the document is sent after 4 p.m.
Fees and forms
43. The minister may set fees and establish forms for the
purpose and administration of this Act and the regulations.
PART VII
APPEAL AND OFFENCES
Appeal
(1) A person who feels aggrieved by an order made under subsection
33(2) may, within 14 days of receipt of the order, appeal the order to a judge
of the Supreme Court by filing a notice of the appeal with the Supreme Court
and by serving a copy of that notice on the minister or the deputy minister of
the department.
(2) Notwithstanding that
an appeal has been made under this section, an order made under subsection
33(2) remains in effect pending the final decision on
the appeal.
Offences
(1) A
person who contravenes subsection 33(2) is guilty of
an offence and is liable on
summary conviction to a fine of not less than
$15,000 and not more than $75,000 or to imprisonment for not less than 30 days
and not more than 6 months or to both the fine and imprisonment.
(2) A person who contravenes subsection 20(1) or
(2) is guilty of an offence and is liable on
summary
conviction
(
a) for a first offence
to a fine of not less than $15,000 and not more than $30,000 or to imprisonment
for a term of not less than 30 days and not more than 90 days or to both the
fine and imprisonment; and
(
b) for a subsequent offence
to a fine of not less than $30,000 and not more than $60,000 or to imprisonment
for a term of not less than 30 days and not more than 6 months or to both the
fine and imprisonment.
(3) A person who contravenes subsection 20(3) is guilty of an offence and is liable on
summary conviction
(
a) for a first offence
to a fine of not less than $1,000 and not more than $5,000 or to imprisonment
for a term of not less than 30 days and not more than 90 days or to both the
fine and imprisonment; and
(
b) for a subsequent
offence to a fine of not less than $5,000 and not more than $10,000 or to
imprisonment for a term of not less than 30 days and not more than 6 months or
to both the fine and imprisonment.
(4) A person who provides a false or misleading
statement in a report under this Act is guilty of an
offence and is liable on
summary conviction
(
a) for a first offence
to a fine of not less than $150 and not more than $1,500; and
(
b) for a subsequent
offence to a fine of not less than $750 and not more than $7,500.
(5) A person who contravenes a
section of this Act
that is not referred to in subsections (1) to (4) is guilty
of an offence and is liable on
summary conviction
(
a) for a first offence
to a fine of not less than $150 and not more than $1,500; and
(
b) for a subsequent
offence to a fine of not less than $750 and not more than $7,500.
(6) Notwithstanding subsection (4), a person who
provides a false or misleading statement in a production report is guilty of an
offence and is liable on
summary conviction
(
a) for a first offence
to a fine of not less than $3,000 and not more than $15,000 or to imprisonment
for a term of not less than 30 days and not more than 90 days or to both the
fine and imprisonment; and
(
b) for a subsequent
offence to a fine of not less than $15,000 and not more than $75,000 or to
imprisonment for a term of not less than 30 days and not more than 6 months or
to both the fine and imprisonment.
(7) Where a person provides a false or misleading
statement in a production report that results in a royalty amount being paid
that is less than the person is required to pay if the report had not contained
a false or misleading statement, the court shall, in addition to imposing a
fine under subsection (4), order the person to pay the additional amount of the
royalty owing.
(8) For the purposes of subsections (2) to (7), an
offence shall not be considered a subsequent offence unless it is committed
within 5 years of the date of the last previous conviction.
(9) Where an offence
under this Act or the regulations is committed or continued on more than one
day, the person who committed the offence is liable to be convicted for a
separate offence for each day on which the offence is committed or continued.
(10) Where a corporation
fails to pay a fine imposed under this section, the court which imposed the
fine may order that the directors of the corporation, at the time the
corporation was required to pay the money, are jointly and individually liable,
together with the corporation, to pay the amount of the fine, and the court may
order that where those directors fail to pay the fine imposed upon them by the
court, that any or all of those directors be imprisoned for not more than 30
days.
(11) The court may, in
addition to imposing a fine under subsection (2), order the person to restore
the land to which the offence relates to a condition satisfactory to the
minister and the person shall carry out the order of the court within the
period of time that is considered reasonable by the court.
(12) W here a person fails
to comply with an order under subsection (11), the minister may do the
necessary work and charge the person the cost of it and that cost may be
recovered as a debt due to the Crown.
(13) With respect to an
offence under this Act or the regulations, a complaint may be made and a
summons issued by means of a ticket under the Provincial Offences Act .
PART VIII
REGULATIONS
Lieutenant-Governor
in Council regulations
46. The
Lieutenant-Governor in Council may make regulations
(
a) respecting the return or forfeiture of security
deposits;
(
b) prescribing additional matters to be
considered by the minister when determining whether to issue an exploration
licence, wayside permit or lease or to renew a lease;
(
c) prescribing additional reasons the minister
may suspend or cancel an exploration licence, wayside permit or lease;
(
d) prescribing the factors to be considered by the
minister when designating a quarry resource management area;
(
e) prescribing royalties;
(
f) exempting a person or class of persons from
the payment of royalties;
(
g) modifying a royalty amount and the persons or
class or persons who are permitted to pay a modified royalty amount;
(
h) defining a word or
expression used but not defined in this Act; and
(
i) generally, to give
effect to the purpose of this Act.
Ministerial
regulations
47. The
minister may make regulations
(
a) prescribing substances for the purposes of
paragraph 2(1)(s);
(
b) prescribing the information to be included in
a plan referred to in paragraph 6(2)(e);
(
c) prescribing the form of financial assurance;
(
d) prescribing additional requirements to be
satisfied for the issuance of an exploration licence;
(
e) prescribing the information to be included in
reports referred to in paragraph 7(4)(
a) and the time period in which the
reports are to be submitted;
(
f) prescribing mapping reference datum;
(
g) prescribing additional requirements to be
satisfied for the issuance of a wayside permit;
(
h) respecting the extension of the term of a
wayside permit;
(
i) prescribing the information to be included in
a production report and a compliance report and the time period in which the
reports are to be submitted;
(
j) prescribing the information to be included in a
development, rehabilitation and closure plan;
(
k) prescribing the additional requirements to be
satisfied for the issuance of a lease;
(
l) prescribing the additional requirements to be
satisfied for the renewal of a lease;
(
m) respecting exemptions from the requirements in
subsection 11(3);
(
n) prescribing standards for rehabilitation;
(
o) prescribing additional requirements to be
satisfied for the surrender of a wayside permit or lease;
(
p) respecting the removal and sale of topsoil;
(
q) respecting the preparation of reports referred
to in paragraphs 26(1)(
b) and 26(2)(b);
(
r) prescribing time periods for the purposes of
section 38;
(
s) defining a word or
expression used but not defined in this Act; and
(
t) generally, to give
effect to the purpose of this Act.
PART IX
TRANSITIONAL
Transitional
(1) On the coming into force of this Act, a valid exploration licence issued under
the former Act shall continue to be valid as though it were an exploration licence
issued under this Act until the exploration licence expires.
(2) On the coming into force of this Act, a valid
quarry permit or a beach permit issued under the former Act shall continue to
be valid as though it were a wayside permit issued under this Act until 2 years
after the expiry date of the quarry permit or beach permit.
(3) On the coming into force of this Act, a person
who holds a valid subordinate quarry permit issued under the former Act may
continue to dig for, excavate, remove and dispose of quarry resources from the
site where the person has the written permission of the person who holds the
wayside permit for the site.
(4) On the coming into force of this Act, a valid
quarry lease issued under the former Act shall, for the time period prescribed
in subsection (6), continue to be valid as though it were a category B lease.
(5) Notwithstanding subsection (4), where the
reported production in the preceding 5 year period was greater than 10,000
cubic metres in any year or the existing excavations were greater than 10
metres depth, the quarry lease shall, for the time period prescribed in
subsection (6), continue to be valid as though it were a category A lease.
(6) For the purposes of subsections (4) and (5), a
quarry lease issued under the former Act continues to be valid until whichever
of the following occurs first:
(
a) the quarry lease expires; or
(b) 5 years after the coming into force of this
Act.
(7) Notwithstanding paragraph 2(1)(s), where a
quarry permit or lease for the extraction of peat was issued under the former
Act, the quarry permit, beach permit or lease continues to be valid until the
earlier of
(a) 2 years after the coming into force of this
Act; or
(
b) the date the permit or lease expires.
(8) A person who was issued a mineral licence
under the Mineral Act before the
coming into force of this Act, continues to have the exclusive right to explore
for dimension stone and gemstone in or around the area of land described in the
mineral licence until the earlier of
(a) 5 years after the coming into force of this
Act; or
(
b) the date the mineral licence expires.
(9) Notwithstanding subsection (8), where a holder
of a mineral licence wishes to develop or extract dimension stone or gemstone after
the coming into force of this Act, the holder of the mineral licence shall
apply for a lease under this Act.
PART X
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
RSNL1990 cH-4
Amdt.
Section 36 of the Historic Resources Act is amended by deleting the reference " Quarry Materials Act, 1998 " and
substituting the reference " Quarry
Resources Act ".
SNL1991 c36 Amdt.
50. (1)
Subsection 15(1) of the Lands Act is
amended by deleting the word "materials" and substituting the word
"resources".
(2) Paragraph
15(2)(
c) of the Act is repealed and the following substituted:
(c) "quarry resources" means quarry
resources as defined in the Quarry
Resources Act .
RSNL1990 cM-12
Amdt.
(1) Subparagraph 2(1)(f)(ii) of the Mineral Act is repealed and the
following substituted:
(ii) quarry resources as defined in the Quarry Resources Act ,
(2) Subsection
43(5) of the Act is amended by deleting the words "quarry materials as
defined in the Quarry Materials Act "
and substituting the words "quarry resources as defined in the Quarry Resources Act ".
SNL1999 cM-15.1
Amdt.
(1) Subparagraph 2(f)(ii) of the Mining Act
is repealed.
(2) Subparagraph
2(f)(iv) of the Act is repealed and the following substituted:
(iv) a right to minerals issued under an instrument
other than the Mineral Act , and
(3) Paragraph
2(
j) of the Act is amended by deleting the words "and includes quarry
materials as defined under the Quarry
Materials Act, 1998 ".
(4) Paragraph
12(2)(
b) of the Act is amended by deleting the words "or quarry
project".
SNL2009 cR-15.01
Amdt
(1) Section 2 of the Revenue Administration Act is amended by adding immediately after
paragraph (
q) the following:
(q.01) "dimension stone" means a natural
stone or rock that has been selected, shaped and finished to specific sizes or
shapes;
(2) Paragraph
2(
x) of the Act is repealed and the following substituted:
(a) "exploration expenditure" means an expenditure relating to prospecting, sampling, mapping,
diamond drilling and other work involved in searching for ore in the province
under
(
i) a licence to
explore for minerals issued under the Mineral Act ; or
(ii) a licence to explore for dimension stone or
gemstone issued under the Quarry
Resources Act ;
(3) Section
2 of the Act is amended by adding immediately after paragraph (aa) the
following:
(aa.1) "gemstone" means a precious or
semiprecious stone that is to be cut and polished for use in jewellery or
ornaments but does not include diamonds, rubies, sapphires and emeralds;
(4) Paragraph
2(pp) of the Act is repealed and the following substituted:
(pp) "mineral" means
(
i) mineral as defined in the Mineral Act,
(ii) dimension stone, and
(iii) gemstone;
(5) Paragraph
2(qq) of the Act is repealed and the following substituted:
(qq) "mining lease" means
(
i) a mining lease issued under the Mineral Act ; or
(ii) a lease or wayside permit issued under the Quarry Resources Act in relation to dimension
stone or gemstone;
(6) Section
2 of the Act is amended by deleting the word "and" at the end of
paragraph (xxx) and adding immediately after paragraph (xxx) the following:
(xxx.1) "wayside permit" means a permit
issued under
section 8 of the Quarry
Resources Act ; and
(7) Paragraph
81(1)(
e) of the Act is repealed and the following substituted:
(
e) withdrawals from
(
i) a form of financial assurance referred to in subsection
10(3) of the Mining Act ; or
(ii) financial assurance referred to in subsection
6(3) and paragraphs 10(2)(
g) and 11(2)(
g) of the Quarry Resources Act where the financial assurance relates to
dimension stone or gemstone; and
(8) Subsection
82(1) of the Act is amended by deleting the word "and" at the end of
paragraph (e.1) and adding immediately after that paragraph the following:
(e.2) costs incurrent to obtain financial assurance
required under subsection 6(3) and paragraphs 10(2)(
g) and 11(2)(
g) of the Quarry Resources Act where the financial
assurance relates to dimension stone or gemstone; and
(9) Subsection
85(1) of the Act is repealed and the following substituted:
Mineral right tax
(1) A person who receives,
(
a) from an operator or
other person, consideration including a lump sum, periodic payment, rent, royalty
or other income, which is contingent upon production of a mine, or computed by
reference to the amount or value of production from a mining operation, for the
grant or assignment of any right issued under
(
i) the Mineral Act, or
(ii) the Quarry
Resources Act in relation to dimension stone and gemstone,
in cluding an
exploration licence, a mining lease and any claim, permit or right held under
them; or
(
b) consideration under
section 7 of the Undeveloped Mineral Areas Act , by way of payment to
that person as owner of an undeveloped mineral area,
is liable for and
shall pay to the Crown, in the manner and at the time set out in the
regulations, an annual tax of 20% of the net revenue received for the
consideration during that year.
NLR 54/03 Amdt.
54. Subsection 33(3) of the Environmental Assessment Regulations, 2003
under the Environmental Protection Act
is repealed and the following substituted:
(3) An undertaking that
will be engaged in the mining or quarrying of a quarry resource as defined in
the Quarry Resources Act where that mining or quarrying operation covers
an area that is more than 10 hectares shall be registered.
NLR 78/99 Amdt.
Section
2 of the Provincial Offences Ticket
Regulations, 1999 under the Provincial
Offences Act is amended by adding immediately after paragraph (h.2) the
following:
(h.3) a provision of the Quarry Resources Act or a regulation made under that Act;
NLR 73/11 Amdt.
(1) Section 62 of the Revenue Administration
Regulations under the Revenue
Administration Act is substituted:
Application of
Quarry Resources Act
(1) Where a person is subject to the Quarry Resources
Act and is liable to pay royalties under that Act, that person is exempt
from the payment of all taxes imposed by this Act in respect of those quarry resources.
SNL1998 cQ-1.1
Rep.
57. The
Quarry Materials Act, 1998 is
repealed.
Commencement
58. This
Act comes into force on a day to be proclaimed by the Lieutenant-Governor in
Council.
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