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Territorial Quarrying Regulations

Version of section 4 from 2016-06-13 to 2024-06-11:

  •  (1) A person who desires to obtain a lease of territorial lands for the purpose of taking material from those lands shall stake those lands in the manner prescribed in this section.

  • (2) In the case of loam, the area staked shall not exceed 8.1 hectares, and in the case of any other material, the area shall not exceed 64.8 hectares.

  • (2.1) The length of the area staked shall not exceed twice its width.

  • (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 10 centimetres square and when firmly planted shall be at least 1.2 metres 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 type of material to be removed.

  • (7) If a rock cairn is used, it shall be well constructed and at least 60 centimetres high and 60 centimetres in diameter at the base. A metal container shall be built into the cairn and shall contain a document bearing the number of the cairn, the name of the applicant, the date of staking and the type of material to be removed.

  • (8) In a timbered area, the lines between the posts shall be clearly marked.

  • (9) The applicant shall post a written or printed notice on a post or in a cairn setting out their 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.

  • SOR/2016-131, s. 5

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