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entitled to use any of the timber for the reduction of ore or the generation of power unless the timber is first acquired by him under the provisions of the “ Forest Act.”
waste lands of
Purchase of Phosphate-mining Rights. 19. (1.) If during the term of any lease or any renewal thereof, Right of lessee to
purchase mining or at the expiration of such term or any renewal thereof, and within rights. three months thereafter, the lessee shows conclusively that he has continuously and vigorously prosecuted the work of phosphatemining, or has expended a reasonable sum of money in the development of a mine on the lands held under the lease, or any group of leases, as hereinbefore mentioned, to the satisfaction of the Gold Commissioner, and has fully carried out the provisions of his lease, and deposits with the Gold Commissioner the purchase price at the rate of one dollar per acre of the land, he shall be entitled to a grant of the phosphate comprised within the land covered by the lease; and upon obtaining the grant shall be deemed to acquire the right to all phosphate found in veins, or lodes, or rock in place in, upon, or under the land mentioned in the grant.
(2.) In case the phosphate comprised within any waste lands of Surface rights in the Crown is granted to any lessee under the provisions of this sec. Crown. tion, the grantee shall be deemed to acquire also the right to receive a Crown grant of the surface rights in any parcel containing forty acres in area of the land mentioned in his grant, and if he has caused the parcel to be selected and surveyed, and has filed a notice of the selection and a plat of the parcel so surveyed and a copy of the original field-notes of the survey with the Gold Commissioner at the time of the deposit of the purchase price mentioned in subsection (1); but the grantee shall be deemed to acquire no other surface rights in the said land, and the surface rights in the remainder of the land or, in case the grantee has failed to make the selection of a parcel in accordance with this subsection, the surface rights in the entire area of said land may be granted and disposed of by the Crown as is provided by the land laws for the time being in force.
(3.) In case phosphate comprised within any land previously Right of grantee alienated or held under lease is granted to any lessee under the alienated lands for
mining purposes. provisions of this section, or in case the surface rights are subsequently alienated by the Crown as mentioned in subsection (2), the grantee shall be deemed to acquire also the right to enter upon the surface of said lands for mining purposes, and to occupy and use such portion of the surface as may be reasonably necessary for mining purposes: Provided that prior to such entry being made or such surface being occupied and used as aforesaid, the grantee shall give adequate security to the Gold Commissioner for any loss or damage which may be caused by such entry, use, or occupation, and shall, after such entry and before any of the lands are permanently used or occupied as aforesaid, make full compensation for the loss or
damage; the amount of such compensation, in case the parties differ, to be referred to arbitration under the provisions of the “ Arbitration Act."
Royalties on phosphate.
Surveys to be under control of Surveyor-General.
Minister may cause survey to be made.
20. (1.) Every lessee, in addition to the annual rental of fifteen cents per acre, and every grantee of phosphate-mining rights shall pay to and for the use of His Majesty a royalty of ten cents per ton of two thousand pounds on all phosphate of commercial grade raised or gotten from the land covered by the lease or grant.
(2.) All leases and grants issued under the authority of this Act shall be deemed to reserve to His Majesty the royalty mentioned in this section.
Surveys. 21. (1.) All surveys of lands dealt with under this Act shall be made only by a surveyor approved of and acting under instructions from the Surveyor-General, who may from time to time issue regulations and instructions governing the manner and methods of making surveys of lands dealt with under this Act.
(2.) It shall be lawful for the Minister at any time to cause a survey to be made of any lands covered by a prospecting licence, and to make a charge for such survey against the licence, which charge shall be paid by the holder of the licence before application for a lease of the lands can be made; and in the event of the Minister notifying the holder of any licence that it is his intention to cause a survey to be made of the land covered by the same, the holder shall be relieved of any requirement to make a survey, and no unauthorized survey made subsequent to the date of such notification shall be accepted as valid.
Assignments of Licences and Leases. 22. Every assignment of a licence or lease issued under the provisions of this Act shall be filed in the office of the Gold Commissioner of the mining division in which the land covered by the licence or lease is situate, and a fee of five dollars shall be payable in respect of each licence or lease assigned.
Disputes and Appeals. 23. No lease shall be granted under the provisions of this Act, covering land in dispute and in pending litigation, until such dispute or pending litigation is finally determined.
Filing of assignments.
Lease shall not be granted of land in dispute and in litigation.
Ilearing before Minister or officer directed by him.
24. In any application under the provisions of this Act regarding which any adverse claim or protest has been lodged or objection taken, the Minister, or the Gold Commissioner for the mining division when so directed by the Minister, or the Deputy Minister of Mines when so directed by the Minister, shall have power to hear, settle, and determine the rights of the adverse claimants, and to make such order in the premises as he may deem just, and for all of the purposes aforesaid he shall have full power to summon and examine under oath the parties and witnesses; but such decision and order, if made by a Commissioner or the Deputy Minister of Mines, shall be subject to review by the Minister, and subject to appeal as hereinafter provided; but in case any dispute as to the staking arises, the right to the completion of the application may be recognized according to priority of staking.
25. Any person affected by any decision of the Minister may, Appeal to within one calendar month after the decision, but not afterwards,
Supreme Court. appeal to the Supreme Court in a summary manner; and such appeal shall be in the form of a petition, verified by affidavit, to any Judge of the Supreme Court, setting out the points relied upon; and a copy of the petition shall be served upon the Minister, and such time shall be allowed for his answer to the petition as to the Judge may seem advisable; but no such appeal shall be allowed except from decisions on points of law.
Council may make
26. Such sum as may be fixed by the Minister shall be deposited Security for costs. by the appellant with the Minister of Finance within two weeks from the date of the decision appealed from as security for the due prosecution of the appeal and submission thereto, and the appeal shall not be heard until the expiration of one month after service upon the Minister or his deputy of notice that such security has been given.
Regulations. 27. (1.) It shall be lawful for the Lieutenant-Governor in Council Lieut. Governor in from time to time to make regulations, not inconsistent with this rules and
regulations. Act, for carrying into effect and operation the provisions of this Act according to their true intent and meaning, and such regulations shall be signed by the Minister and published in the Gazette, and when so published shall have the effect and force of law.
(2.) Without thereby limiting the generality of the provisions contained in subsection (1), it is declared that the power of the Lieutenant-Governor in Council to make regulations shall extend to:
(a.) Prescribing of forms to be used for purposes of this Act:
duplicates or copies of any documents affecting Crown
28. Nothing in this Act shall in any way prejudice or affect the Saving clause. powers contained in the “ Forest Act” for the disposition of Crown timber on any lands of the Crown in respect of which a prospecting licence, or a lease, or a grant of phosphate-mining rights is issued under this Act; and all such licences, leases, and grants so issued
shall be deemed to be subject to such powers; but a grant of surface rights made under this Act shall include all timber on the area covered by the grant not previously disposed of by the Crown.
Commencement of Act.
29. This Act shall come into operation on the first day of February, 1926.
VICTORIA, B.C. :
An Act respecting Rights-of way to Mining Properties.
[Assented to 19th December, 1925.] IS MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts as follows:
1. This Act may be cited as the “Mineral Right-of-way Act."
2. In this Act, unless the context otherwise requires :
Interpretation. “ Mining property” means any land in which any vein or lode,
or rock in place, or any natural stratum or bed of earth,
emptor, or purchaser thereof, and the lessee, licensee, or
timber limit therein or thereon:
tered in the books of any Land Registry Office as owner of
the land or of any charge on the land:
for the purpose of constructing, maintaining, or operating
3. Notwithstanding anything in any Act contained, and in addi. Power to take and tion to all existing powers, any owner or holder of a mining property rights-of-way. who desires to secure a right-of-way across, over, under, or through