Bill 45 (Legislature 15, Session 2)

L15 S2 1485

Alberta — Bills

No. 45 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 4S A BiB to Provide for the p.ayment to Surface Owners of Royalties Collected by the 'Crown with Respect to Clay and Marl HON. MR. PATRICK Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty. Edmonton, Alberta, 1965

Explanatory Note I.

Short title. 2.

Definitions.

BILL No. 45 of 19 1 65

An Act to Provide for the Payment to Surface Owner,s of Royalties Collected by the Crown with Respect to Clay and Marl (Assented to , 1965) WHEREArS The Clay and ]l;fa'rl Act declares that the 'Owner 'Of the surface 'Of land is and shall be deemed at all times to have been the owner of and entitled to clay and marl on the surface of that land, and all clay and marl obtained by stripping off the overburden, excavating from the surface, or otherwise recovered by surface operations; and

WHEREAS Her Majesty in right of Alberta as owner 'Of the mines and minerals prior to the commencement of The Clay and Marl Act, being the 12th day of April, 1961, had granted quarrying leases giving authority to obtain clay Dr marl by surface excavation methods; and WHERE'AS ilt is desirable and in the public interest that the royalties paid to Her Majesty under such quarrying leases on, from and after the 12th day of April, 1961, be paid by Her Maj esty to the owners of the surface: 'THEREFORE, Her Majesty, by and with the advice and consent of the Legislaltive Assembly of the Province of Alberta, enacts as follDWS: 1.

This Act may be cited as "The Clay and Marl Crown Leases Act". 2.

In this Act, (a) "additional royalty" means the royalty payable to Her Majesty with respect to clay or 'ma~l pursu~nt to the terms 'Of a quarrying lease but excludIng minimum royalty; (b) '''lease year" means a period of time commencing on an anniversary date of a quarrying lease and continuing until the neJrt following anniversary date; (c) "minimum royalty" means the royalty payable to Her Majesty yearly in advance pursuant to the terms of a quarrying lease; (d) "Minister" means the Minister of Mines and Minerals; (e) "'quarrying lease" mea!ls a lease. whereby Her Majesty granted authorIty to obtaIn clay or marl by surface excavation methods.

3. Application of Act. 4.

(1) Amount equal to mmlmum royalty to be paid to the owner of the surface of land described in a quarrying lease.

(2) Minimum royalty to be apportioned where there is more than one owner. 5.

(1) Amount equal to additional royalty to be paid to the owner of the surface of the area from which clay or marl has been excavated during lease year.

(2) Clay or marl excavated from each owner's land to be deter mined during lease year where there is more than one owner from whos'e land clay or marl was excavated.

(3) Additional royalty to be apportioned where there is more than one owner of the area from which clay or marl has been excavated during lease year. 6. Interest to form part of minimum royalty or additional royalty as the case may be. 7. Decision of the Minister to be final. 8. Commencement. 2

3. This Act applie,s to each quarrying lease granted by Her Maj esty prior to and sUbsisting on the 12th day of April, 1961. 4.

(1) When a minimum royalty is paid to Her Majesty on or after the 12th day of April, 1961, the Minister is em powered to direct the Provincial Treasurer to pay an equal amount of money out of the General Revenue Fund to the owner of the surface of the land described in the quarrying lease.

(2) Where there is more than one owner of the surface of the land desc~ibed in a quarrying lease, the Minister shall apportion the amount of the minimum royalty among the various owners in the ratio that the acreage of each owner of the surface within the quarrying lease bears to the acreage comprised in the quarrying lease. 5.

(1) When an additional royalty is paid to Her Majesty on or after the 12th day of April, 1961, the Minister is empowered to direct the Provincial Treasurer to pay an equal amount of money out of the General Revenue Fund to the owner of the surface of the land from which the clay or marl has been excavated during the lease year.

(2) Where there is more than one owner of the sur face of the land comprised in the area from which clay or marl has been excavated during the lease year, the Minister shall determine the amount of clay or marl excavated from each owner's land and in so doing may have regard to the reports of a district inspector appointed under The Coal Mines Regulation Act and may consider such other evidence as he deems necessary.

(3) Where subsection (2) applies, the Minister shall apportion the amount of the additional royalty among the various owners in the ratio that the amount of clay or marl excavated from each ow-ner's land as determined by the Minister bears to the total amount of clay or marl excavated during the lease year from the land described in the quarry ing lease. 6. Where interest is paid with respect to minimum royalty or additional royalty, such inter~st is deemed to be part of the minin1um royalty or additIOnal royalty, as the case may be. 7.

Any decision n1ade by the Minister under this Act is final and there is no appeal ,therefrom. 8. This Act comes into force on the day upon which it is assented to.

No. 45 SEOOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABET;H II 1965 BILL

An Act to Provide for the Payment to Surface Owners of Royalties Collected by the Crown with Respect to Clay and Marl Received and read the First time ......................................... . Second time ...................... . Third time ...... . HON. MR. PATRICK Title: 1965 (15th, 2nd) Bill 45,

An Act to Provide for the Payment to Surface Owners of Royalties Collected by the Crown with Respect to Clay and Marl

Document details

Collection	Alberta — Bills
Citation	L15 S2 1485
Type	bill
Volume / chapter	L15 S2 1485
Language	en
Format	json
Source	PROVINCIAL
Identifier	5b7db814fa9e915791fcf4d712eab987fc226f63

Source file is stored in the law ingest library (json).