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January 02, 2014 --- Vol. 08, No. 01January 2014

Yukon government amends mining acts and regulations

The Yukon Legislature passed the Act to Amend the Placer Mining Act and the Quartz Mining Act Dec. 19, the government reported Dec. 20. Following the passage of the act, the Yukon government approved amended regulations under the Placer Mining Act and the Quartz Mining Act. The government also designated the Ross River Area, where new reporting requirements will apply.

“With these amendments to our mining acts and regulations, the Yukon government has met the declaration of the Yukon Court of Appeal regarding Class 1 exploration activities in the Ross River Area. We believe this will improve communication among the mining industry, First Nations and government,” Minister of Energy, Mines and Resources Scott Kent said. “Improved communication and management of land results in better outcomes for everyone involved.”

The act and regulation amendments allow the Yukon government to designate areas where industry must notify the government of low level (Class 1) mining exploration activities. The amendments will also give the Yukon government the ability to establish special operating conditions in areas that have high environmental, cultural or socio-economic values.

The Dec. 27, 2012 decision of the Yukon Court of Appeal—Ross River Dena Council vs. Government of Yukon—stated that the Yukon government has a duty to notify and, where appropriate, consult with and accommodate the Ross River Dena Council, before allowing any mining exploration activities to take place within the Ross River Area. The court imposed a deadline of December 27, 2013.

Some details on Class 1 requirements, specifically relating to which low-level activities may require notification, are still to be determined. The Yukon government will be continuing discussions on these and other details early in the New Year.

For information on the amendments and the designated areas, visit emr.gov.yk.ca.

Staking prohibition extended

The Yukon government has approved an interim mineral staking prohibition order in the Ross River Area. The order is in effect from Dec. 27 to April 30, 2014.

The Dec. 27, 2012 decision of the Yukon Court of Appeal in Ross River Dena Council vs. Government of Yukon stated that the Yukon government must consult the Ross River Dena Council about whether to grant mineral rights on Crown lands in the Ross River Area.

“Interim protection of these lands will provide time for Yukon to conclude the consultation with Ross River Dena Council that began in October,” Yukon Premier Darrell Pasloski said.

The Yukon government plans to remove the requirement for 2014 for mining claim holders in the Ross River Area to perform work on their claims or pay in lieu.

That will occur as a separate order authorized under Section 57 of the Quartz Mining Act. Without such relief in place, claim owners could lose their claims if they did not perform work on them or pay in lieu.


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