There is a very good site about all of this with a Frequently asked Questions page and it tells the landowner just where these Freehold Miners can and cannot work. It is

http://www.empr.gov.bc.ca/Titles/MineralTitles/faq/Pages/PrivateProperty.aspx

Below are some examples of the information that can be found on this page.

* Section 40 (1)(c) of the Mineral Tenure Act

* Section 10 of the Mineral Tenure Act

* Information Update #7 – A Guide to Surface and Subsurface Right and Responsibilities in British Columbia

* Information Update #29A – Notice Requirements for Exploration and Development or Production of Coal

* Information Update #29B – Notice Requirements for Mining Activities on Private Land and Land Act Leases

There is a lot of information about the Free Miner Act and it is something that people should read up on if they are approached by someone who is telling them they have the right to explore for minerals on their property.

As for standing up for my constituents I always have and will continue to do so if elected. But be aware that we must pick our battles these days. We are faced with a great many issues at this time and I cannot drop the ball on my other responsibilities to wage war against the Provincial Government. Being the Director of Area H is a multi faceted role and I am responsible to over 2500 people who all have the right to have me represent them. I have a great many duties that I must perform and each year I have to submit my Project list to the RDOS so that staff time can be allocated to me. That being said if this is going to become a threatening force in our community I will stand up and take the proper steps to get our message out and address our concerns. There are ways to approach the Provincial Government and one is by putting a resolution through the Regional District of Okanagan Similkameen and onto the Union of British Columbia Municipalities. There it can be discussed by the all of the elected officials in British Columbia and if endorsed it is then submitted to the Provincial Government for comment and or action.

I know that the thought of someone coming onto your land is viewed as an invasion but please go to the website and at least find out what your rights are. And if you require my assistance, call me, I’ll be there.

This is for your info

11 (1) Subject to this Act, only a free miner or an agent of a free miner may enter mineral lands to explore for minerals or placer minerals.

(2) The right of entry under subsection (1) does not extend to

(a) land occupied by a building,

(b) the curtilage of a dwelling house,

(c) orchard land,

(d) land under cultivation,

(e) land lawfully occupied for mining purposes, except for the purposes of exploring and locating for minerals or placer minerals as permitted by this Act,

(f) protected heritage property, except as authorized by the local government or minister responsible for the protection of the protected heritage property, or

(g) land in a park, except as permitted by section 21.
Right of entry on private land and compensation

19 (1) A person must not commence a mining activity by a method using mechanical equipment that disturbs the surface unless the recorded holder

(a) first serves written notice on the owner of every surface area on which the recorded holder intends to work or intends to utilize a right of entry for that purpose, and

(b) provides, within 30 days after serving the notice required by paragraph (a), a copy of the notice to the chief gold commissioner and to an inspector under the Mines Act.

(2) A free miner or recorded holder, or any person acting under or with the authority of a free miner or recorded holder, is liable to compensate the owner of a surface area for loss or damage caused by the entry, occupation or use of that area or right of way by or on behalf of the free miner or recorded holder for location, exploration and development, or production of minerals or placer minerals.

(3) On receipt by the chief gold commissioner of an application from a free miner, recorded holder, owner or other person who, in the opinion of the chief gold commissioner, has a material interest in the surface, the chief gold commissioner must use his or her best efforts to settle issues in dispute between them arising from rights acquired under this Act in respect of entry, taking of right of way, use or occupation, security, rent or compensation.

(4) If the chief gold commissioner is unable to settle the dispute to the satisfaction of the parties to the dispute, the Mediation and Arbitration Board under the Petroleum and Natural Gas Act has, on application by a party to the dispute, authority to settle the issues in dispute and, for this purpose, the relevant provisions of Part 3 of the Petroleum and Natural Gas Act apply.

(5) In an arbitration under subsection (4) involving a conflict between rights acquired under this Act and rights acquired under the Land Act, the Mediation and Arbitration Board must take into account which of the rights was applied for first and, unless injustice would result, must give the holder of those rights due priority in its consideration of the dispute between the parties.

(6) A copy of an order made by the Mediation and Arbitration Board under subsection (4) may be filed at any time in a Supreme Court registry and enforced as if it were an order of the court.

(7) If an owner of private land opposes entry on the land by a recorded holder on the grounds that the intended activity would obstruct or interfere with an existing operation or activity on the land or with the construction or maintenance of a building, structure, improvement or work on the land, the Mediation and Arbitration Board must determine the impact of the intended entry and must determine which parts of the land would be affected by that entry.

(8) If, under subsection (7), the Mediation and Arbitration Board determines that it is not possible to enter the land or a part of it without obstruction or interference, in addition to any other order it makes, the board must make an order

(a) specifying conditions of entry that will minimize the obstruction to or interference with the existing circumstances of the land, and

(b) specifying compensation for obstruction to or interference with enjoyment of the land.

(9) Without limiting the factors that the board may consider in making a decision under this section, in making a determination under subsections (7) and (8) the board must take into account the extent of the obstruction or interference with respect to the following:

(a) land occupied by a building;

(b) the curtilage of a dwelling house;

(c) orchard land;

(d) land under cultivation.

Gerri Logan