Bill 48 — (Second Session) First Session, 18Th Legislature; 24 Elizabeth Ii the Legislative Assembly of Alberta Bill 48 the Coal Conservation Amendment Act, 1975 (Legislature 18, Session 1)

L18 S1 5500

Alberta — Bills

1975 Bill 48 (Second Session) First Session, 18th Legislature; 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 48 THE COAL CONSERVATION AMENDMENT ACT, 1975 THE MINISTER OF ENERGY AND NATURAL RESOURCES First Reading .............................. . Second Reading ............................ . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 48 BILL 48 1975 (Second Session) THE COAL CONSERVATION AMENDMENT ACT, 1975 (Assented to , 1975) HER MAJESTY, by and with the adviC'e and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Coal Conservation Act is he,reby amended.

Section 1, subsection (1) is amended (

a) as to clause 3 by adding after the words tiThe Coal Mines Regulation Act" the words "or The Coal Mines Safety Act", (

b) by striking out clause 8 and by substituting the following: (c) (d) 8. "mine" m'eans any working, other than a drill hole made while exploring for coal, from which coal is or could be extracted, whether commer cially or otherwise; as to clause 9, subclause (

i) by striking out the words "waste disposal" and by substituting the. words "discard disposal", by st,riking out clause 10 and by substituting the following: 10. "mine surveyor" means a person qualified under The Coal Mines Safety Act to survey a mine and to prepare the plans required under this Act;

Section 13 is struck out and the following is substituted therefor: 13.

(1) The holder of a permit or licence shall not extend or materially alter the program of op'erations upon which his permit or liC'ence was granted unJess the Board, upon application, amends the permit or licence to authorize the extension or alteration.

(2) An application under subsection (1) to amend a permit or licence shall (

a) include a statement s'etting out the reasons for the proposed extension or alteration,

Explanatory Note$ l. This Bill will amend

chapter 65 of the Statutes of Alberta, 1973. 2. Amendment of

definitions resulting from the enactment on June 6, 1974 of The Coal Mines Safety Act, either to achieve greater consistency with that Act or to update references,.

Section 1, subsection (1), clauses 3, 8, 9 and 101 presently read: 1.

(1) In this Act, 3. "certificate of competency" means a certificate granted under The Coal Mines Regulation Act and entitling the holder to perform the duties of the occupation or office in respect of which the certificate is granted; 8. "mine" means any working from which coal is or could be extracted, whether commercially or otherwise; 9.

"mine site" means a location at which a facility for extracting coal by underground, strip or open pit operations exists or is to be developed, and includes CD any coal processing plant, storage facility or waste disposal facility whiCh exists or is to be developed in connection with the mine, and (ii) all connected access roads; 10. "mine surveyor" means a person qualified under The Coal Mines Regula tion Act to survey a mine and to prepare the plans required under this Act;

Section 13 is rewritten in order to have an extension or alter ation of an authorized program of operations dealt with by way of amending the original permit or licence authorizing the program rather than making it the subject of a separate permit or licence. 13.

(1) No holder of a permit or licence shall materially alter or go beyond the program of operations upon which his permit or licence was granted.

(2) An application for a permit or licence to depart from or extend an author ized program shall (

a) include a statement setting out the reasons for the p:oo;Josed departure ur extension, (

b) describe the proposed departure or extension, and (

c) be supplemented with such further information as the Board may require.

(

b) describe the proposed extension or alteration, and (

c) be supplemented with such other information as the Board may require.

Section 14 is amended (

a) by renumbering the

section as subsection (1), (

b) as to renumbered subsection (1), by striking out clause (

c) and by substituting the following: (

c) grant a permit or lic'ence or an amendment of a permit or lieence, as the case may be, subject to such conditions, restrictions or stipulations as it may consider appropriate and set out in the permit or licence or amendment. (

c) by adding the following subsection:

(2) Notwithstanding subsection (1), clause (c), the Board shall not grant an application under

section 10, 11 or 13 unl'ess in its opinion it is in the public interest to do so having regard to the present and future requirements for coal in Alberta.

Section 21 is amended by striking out subsection (3) and by substituting the following:

(3) Where an application is made under

section 10, sub section (1), clause (

b) with respect to a mine or proposed mine that is or will be capable of producing more than 50,000 tons of coal per year by normal operations, the Board shall not grant the permit unless the Lieutenant Governor in Council has first authorized the granting of the permit. 6. The following

Part is added after

section 27:

PART 5.1 INDUSTRIAL DEVELOPMENT PERMITS 27.1.

(1) No coal produced in Alberta, or any product derived therefrom, shall be used in Alberta as a raw mat'erial, reductant or fuel in any industrial or nianufactur" ing operation unless the Board, upon application, has granted a permit authorizing such use for that purpose in accordance with this section.

(2) Notwithstanding subsection (1), a permit under this

section is not required (

a) for the operation of a power plant as defined in The Hydro and Electric Energy Act, or (

b) where the quantity of coal used each year (

i) in an industrial or manufacturing operation, and 2

4. Sections 10, 11 and 13 of the Act deal with applications of various kinds to develop mine sites, 'commence or resume mining operations and to alter or extend mining operations.

Section 14 presently reads: 14. Upon receiving an application under

section 10, 11 or 13, the Board may, after considering the circumstances of the particular case, (

a) deny the application, or (

b) require that an appropriately amended or modified application be made, or (

c) grant a permit or licence subject to such conditions, restrictions or stipu- lations as it may consider appropriate and set out in the permit or licence.

Section 21, subsection (3) presently reads:

(3) No permit or licence to develop or operate a mine capable of producing more than 50,000 tons per year by normal continuous operations shall be issued by the Board pursuant to this Part unless the Lieutenant Governor in Council has first authorized the issue of the permit or licence. The result of the proposed subsection (3) is that Orders in Coun cil will only be required at the time when the permit to develop a 50,000 ton per year mine is first considered. A further Order in Council would not be needed to authorize the commencement of operations under a Board licence. 6.

This new prOVISIOn will protect Alberta's coal supply in a manner similar to the way in which the Industrial Development Permit provisions in The Oil and Gas Conservation Act protect Alberta's gas supply: see

section 42 of that Act. 2

(ii) in producing a product derived from coal to be used in the industrial or manufacturing operation, does not exceed 250,000 tons.

(3) Upon receipt of an application pursuant toO sub section (1) together with any information prescribed oOr required by the Board, the Board may, (

a) if so authorized by the Lieutenant Governor in Council, grant a permit for the use of coOal or pro ducts derived from coal proposed in the application upon the terms and conditions set out in the permit, or (

b) refuse the application. ( 4) The Board may hold' a he:aring with respect to an application und'er this section.

(5) The Board shall not grant a permit under this

section unless in its opinion it is in the public interest to do so having regard to, among other considerations, (

a) the efficient use without waste of coal or products derived from coal, and (

b) the pres'ent and future availability of coal in Alberta.

(6) A permit granted pursuant to this

section (

a) shall be referred to as an "industrial development permit" ; (

b) shall be in the form prescribed by the order of the Lieutenant Governor in Council authorizing the granting of the permit and shall be subject to any terms and conditions prescribed by the Lieutenant Governor in Council; (

c) shall authorize the use of the coal or products de rived from coal for the purpose or purpos'es pre scribed in the permit; (

d) may prescribe the term for which the permit is granted; (

e) may prescribe the maximum quantities of coal or products derived from coal that may be used an nually or during the term of the permit; (

f) shall be subject to any other terms and conditions contained in the permit.

(7) The Li'eutenant G(W'ernor in Council may make reg ulations exempting from the operation of this Part (

a) any person or class of persons, or (

b) any industrial or manufacturing operation or any part thereof or any class of industrial or manufac turing operation. 3

(1) This Act, except

section 2, clauses (

a) and (d), comes into force on the day upon which it is assented to.

(2) Section 2, clauses (

a) and (

d) come into force on the date upon which The Coal Mines Safety Act is proclaimed in force. 4 Title: 1975 (18th, 1st) Bill 48, The Coal Conservation Amendment Act, 1975

Document details

Collection	Alberta — Bills
Citation	L18 S1 5500
Type	bill
Volume / chapter	L18 S1 5500
Language	en
Format	json
Source	PROVINCIAL
Identifier	97789a8525b8529d0cd0e82b337990175b937a50

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