Territorial Quarrying Regulations

4 (1) A person who desires to obtain a lease of territorial lands for the purpose of taking limestone, granite, slate, marble, gypsum, marl, gravel, loam, sand, clay, volcanic ash or stone therefrom, shall stake such lands in the manner prescribed in this section.

(2) In the case of loam, the area shall not exceed 20 acres, and in the case of any other material mentioned in subsection (1), the area shall not exceed 160 acres; and the length of any area shall not exceed twice the breadth.

(3) The area staked shall be rectangular in form except where a boundary of a previously staked tract is adopted as common to both areas.

(4) The land shall be marked by the applicant with posts firmly fixed in the ground, one at each corner; in areas where there is no timber, rock cairns may be used in lieu of posts.

(5) Each post shall be at least four inches square and when firmly planted shall be not less than four feet above the ground.

(6) Each post shall bear markings showing the number of the post, the name of the applicant, the date of staking and the kind of material which it is desired to remove.

(7) When rock cairns are used, they shall be well constructed, be not less than two feet high and two feet in diameter at the base, a metal container shall be built into the cairn, and a notice bearing the number of the cairn, the name of the applicant, the date of staking and the kind of material which it is desired to remove shall be placed therein.

(8) In a timbered area the lines between the posts shall be clearly marked, and in treeless areas mounds of earth or rock not less than two feet high and two feet in diameter at the base may be used to mark the lines between the cairns.

(9) The applicant shall post a written or printed notice on a post or in a cairn setting out his intention to apply for a lease within the time prescribed by these Regulations.

(10) If two or more persons apply for the same area, the person who first staked the area in accordance with these Regulations shall be entitled to priority in respect of the issuance of a lease.