Bill 49 (Legislature 18, Session 4)

L18 S4 4357

Alberta — Bills

1978 BILL 49 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBEIb'flAl BILL 49 THE LAND SURFACE CONSERVATION AND REC1.AMAT10N AMENDMENT ACT, 1978 MR. BUTLER First Reading ............................................ . Second Reading .......................................... . Committee of the Whole .................................. . Third Reading ........................................... . Royal Assent ............................................ . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 49 Mr. Butler BILL 49 1978 THE LAND SURFACE CONSERVATION AND RECLAMATION AMENDMENT ACT, 1978 (Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Land Surface Conservation and Reclamation Act is amended by this Act. 2

Section 11 (

e) is amended by striking out "geophysical" and substituting "exploration". 3

Section 30 is amended by adding the follOWing after subsection (6):

(7) Notwithstanding this section, if the reclamation of all of the land to which an approval applies has been completed in a manner satisfactory to the Council, but no reclamation certificate will be issued under this Act until after the approval terminates or the operator surrenders his interest in the land, the Minister on application by the holder of the approval may return to the holder all or any part of the deposit as he considers appropriate. 1

Explanatory Notes 1 This Bill will amend

chapter 34 of the Statutes of Alberta, 1973. 2

Section 11 presently reads in part: 11 The Lieutenant Governor in Council may make regulations (

e) governing the manner in which geophysical operations may be conducted on land or water covered areas. Consequential to the amendments to The Mines and Minerals Act contained in

chapter 23 of the Statutes of Alberta, 1978. 3 Permits the return of security deposits prior to the issue of a reclamation certificate.

Section 30 presently reads in part: 300) Subject to the provisions of any agreements entered into by the Minister pursuant to

section 25, subsection (3) or (4), where the reclamation of the land to which an approval applies has been completed, the holder of the approval may apply for a return of the deposit given pursuant to the regulations.

(2) Where an application is made under subsection (1), the Minister (

a) shall return the deposit if a reclamation certificate has been issued under

section 51 in respect of all of the land to which the approval applies and no additional time is needed in the opinion of the Council to determine the effectiveness of the reclamation; 1

Section 35(J) (

e) is repealed and the/allowing is substituted: (

e) prescribing the circumstances under which an inquiry may be conducted by members of the Council other than those appointed by local authorities and the procedures to be followed at those inquires; 5

Section 46(

J) is amended (

a) in clause (

b) by adding "prior" after "ceased to be operated", and (

b) in clause (

c) by striking out "recommended" and substi tuting "recommenced". 6 This Act comes into force on the day upon which it is assented to. 2

(

b) shall return the deposit if a reclamation certificate has been issued under

section 52 and, following an inquilY pursuant to subsection (2) of that section, either (

i) no reclamation order was issued, or (;;) a reclamation order was issued and the work required by the order has been completed; (

c) where a reclamation certificate has been issued under

section 53, may require that all or part of the security be retained until after the Minister has received a copy of the decision of the Council under

section 53, subsection (4); (

d) may require that all or part of the security be retained, where the land has not been reclaimed in a manner satisfactolY to the Council and a reclamation order has been issued under

section 53, subsection (4), clause (

b) with respect to the land. 4

Section 35 (1) presently reads in part: 35(1) The Lieutenant Governor in Council may make regulations (

e) prescribing the circumstances under which members appointed by local authorities and the circumstances under which an inquilY may be held by the members of the Council; Corrects the clause to express its original intent of authorizing regula tions prescribing procedures where no local authority member has been appointed or can be present at an inquiry. 5

Section 46(1) presently reads in part: 46(1) Where the Council holds an inquilY under

section 40 in respect of any land where (

b) the mine, quarry, pit, waste disposal site or land .fill site was abandoned or ceased to be operated to the commencement of this section, and (

c) after the commencement of this section, the operation of the mine, quarry, pit, waste disposal site or land .fill site is recommended by a person who was not the operator at the time of the abandonment or cessation of operation thereof, Corrects a drafting omission and a typographical error. 2 Title: 1978 (18th, 4th) Bill 49, The Land Surface Conservation and Reclamation Amendment Act, 1978

Document details

Collection	Alberta — Bills
Citation	L18 S4 4357
Type	bill
Volume / chapter	L18 S4 4357
Language	en
Format	json
Source	PROVINCIAL
Identifier	bd904236e448bcba4a4b5809d1d3639887fa9809

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