48. (1) An engineer of mines may direct
(a) the holder of a recorded claim to carry out any mining work on the claim in a manner that does not interfere with or endanger the safety of the public, any public work, road or right-of-way, or any other mining property or recorded claim; and
(b) the owner of any abandoned mining work to have it filled in, fenced or otherwise made safe.
(2) Every person who is directed to carry out any work pursuant to subsection (1) shall carry out that work without delay.
LAPSING AND SURRENDER OF CLAIMS
49. (1) Subject to section 50, where a recorded claim lapses or is cancelled, the holder of the claim at the time it lapses or is cancelled shall not
(a) relocate or have any interest in the claim or any part thereof, or
(b) have the claim or any part thereof recorded in his name or in the name of any corporation controlled by him
for a period of one year from the date that the claim lapsed or was cancelled.
(2) Except as otherwise provided in these Regulations, where a recorded claim lapses or is cancelled, the claim or any part thereof shall be open for relocation under these Regulations after 12 o’clock noon on the day following the first business day following the day that the claim lapsed or was cancelled.
50. (1) Subject to subsection 27(2), where a recorded claim lapses or is cancelled, the holder of the claim may, if he is not under an obligation to pay any moneys to Her Majesty in respect of the claim, remove from the claim all his personal property, including any minerals or ore extracted from the claim, at any time within
(a) 180 days from the date that the claim lapsed or was cancelled; or
(b) such additional period, not exceeding one year, as the Mining Recorder may fix.
(2) Any property described in subsection (1) that is not removed from a recorded claim within the time referred to in that subsection shall be deemed to be the property of Her Majesty.
51. (1) The holder of a recorded claim may, at any time, with the approval of the Supervising Mining Recorder surrender the claim for the purpose of relocating it by
(a) filing with the Mining Recorder a notice of surrender in Form 12 of Schedule III; and
(b) paying the applicable fee set out in Schedule I.
(2) Where a recorded claim is surrendered in accordance with subsection (1), the date of surrender shall be the day following the day the notice of surrender is recorded by the Mining Recorder, unless a later day is specified in the notice.
(3) Where a recorded claim is surrendered in accordance with subsection (1), the claim may not be located by or on behalf of any person other than the person surrendering the claim for a period of seven days from the date of surrender.
(4) Where a recorded claim that is surrendered pursuant to subsection (1) is relocated by the person surrendering the claim within the time referred to in subsection (3), the claim shall, for the purposes of these Regulations, be deemed to be the same as the claim surrendered except for the location of the boundaries thereof.
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