Mr. John Jewitt reports
NEW NADINA's FMC SUSPENDED FOR FOUR MONTHS
New Nadina Explorations
Ltd. has received
notice, dated Sept. 13, 2018, from the Ministry of Energy and Mines
British's Chief Gold Commissioner, stating the following.
"I have reviewed submissions provided to me by e-mail from Ms. Ellen
Clements on behalf of New Nadina on Sept. 8 and 9, 2018, as well as the
June 6 and 7, 2018, inspection report, a copy of which was provided to you
with the Section 10 notice of June 26, 2018. I have also reviewed
submissions made to me by Mr. Frame (redacted), on behalf of his client Mr.
Christmann (redacted), by e-mail, on Sept. 8, 2018, to which you were copied.
"The inspection report documents that notice was not served to the owner of
the surface of titles with PIDs 027-961-401, 015-197-808, 015-275-949,
015-190-919 and 015-197-832. Failure to serve notice is a contravention of
s.19 of the act. This contravention could have been easily avoided had
persons on site correctly used a functioning global positioning system
device and maps, both of which are readily available and reliable means of
determining ground location to an acceptable degree of accuracy.
"I would also note that, in earlier landowner notifications served to Mr.
Christmann, there has been a failure to provide accurate detail with respect
to the exact dates on which New Nadina intends to conduct mining activities
on Mr. Christmann's land. When a notice is served to the owner of the
surface, it must be in the form and manner described in s.2.1 of the Mineral
Tenure Act regulation. My review of prior landowner notices from New Nadina
shows they have not always complied with respect to the following:
"2.1 (2) (d) -- identification of the dates on which the mining activity will
"2.1 (5)-- a person required to serve notice under Subsection (1) must, in
accordance with subsections (2) to (4), serve an amended notice to the
persons listed in Section 19 (1) (a) (i) to (iii) of the act if:
- "(a) there are changes to the dates identified in Subsection (2) (d)
affecting more than seven days;
(b) there are substantial changes to the description of the mining activity
referred to in Subsection (2) (e).
"It is my interpretation that, in all cases, a correct landowner notification
must include exact dates, and, if those dates are to change, s.2.1(5) and of
the regulation applies accordingly.
"For these reasons, I have decided to cancel New Nadina's free miner
certificate for four months from the date of this order.
"Further to this order and pursuant to the authority under Section 10(2) of
the act, I order that the New Nadina must comply with the following
conditions before New Nadina may apply to renew their free miner
"Condition 1: New Nadina must complete a reclamation plan for all outstanding
reclamation resulting from their mining activities on the surface of titles
PIDs 027-961-401, 015-197-808, 015-275-949, 015-190-919 and 015-197-832.
This reclamation plan must be submitted to an inspector of mines for review
- "Condition 2: New Nadina must complete or have completed all reclamation
proposed or recommended in the approved reclamation plan noted in condition
1 above. All reclamation activities completed must be inspected and approved
by an inspector of mines.
"I note that, pursuant to Section 11 of the act, New Nadina and its agents may
not enter mineral lands to explore for minerals without a valid free miner
certificate. New Nadina and its agents may, however, conduct reclamation
activities on mineral lands without a valid free miner certificate."
The company is prepared to comply immediately with the two condition orders
We seek Safe Harbor.
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