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Natural resource policy, law and administration with respect to mineral exploration in British Columbia Hogg, James Lauder Ettrick 1972

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NATURAL RESOURCE POLICY, LAW AND ADMINISTRATION WITH RESPECT TO MINERAL EXPLORATION IN BRITISH COLUMBIA  hy JAMES LAUDER ETTRICK HOGG  A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF FORESTRY  i n the Faculty of Forestry We accept this thesis as conforming to the required standard  THE UNIVERSITY OF BRITISH COLUMBIA January, 1972  In presenting  t h i s t h e s i s i n p a r t i a l f u l f i l m e n t of the requirements f o r  an advanced degree at the U n i v e r s i t y of B r i t i s h Columbia, I agree that the L i b r a r y s h a l l make i t f r e e l y a v a i l a b l e f o r reference and study. I f u r t h e r agree that permission f o r extensive  copying of t h i s t h e s i s  f o r s c h o l a r l y purposes may be granted by the Head of my Department or by h i s representatives.  I t i s understood that copying or p u b l i c a t i o n  of t h i s t h e s i s f o r f i n a n c i a l gain s h a l l not be allowed without my w r i t t e n permission.  Department of The U n i v e r s i t y of B r i t i s h Columbia Vancouver 8, Canada  Date  /9?AL  ABSTRACT  Increasing pressures on B r i t i s h Columbia s natural resources have l e d to a greater concern for o v e r a l l planning of resource development i n the Province.  Good inventory data are e s s e n t i a l  for e f f i c i e n t planning, and, while t h i s can he obtained r e l a t i v e l y e a s i l y f o r most renewable resources, mineral resources present a serious problem because they cannot be r e a d i l y i d e n t i f i e d .  This  has l e d to a general lack of consideration of the mining industry i n natural resource planning.' While the impact of mining upon the environment has been well documented, l i t t l e e f f o r t has been made to determine what e f f e c t s are a t t r i b u t a b l e to mineral exploration.  This shortcoming  i s very  important because mineral exploration i s unique among inventory processes i n t h a t , although i t does not generally involve the use of surface resources on a large scale, i t does involve occupancy and use of the land surface.  Thus, because free miners may  enter  upon almost any land i n the Province f o r the purpose of mineral exp l o r a t i o n , there w i l l be widespread i n t e r a c t i o n with other resource users. In t h i s study, the nature of mineral exploration associated with hard-rock metal mining i n B r i t i s h Columbia and i t s impact upon the environment described.  Interactions with the t r a d i t i o n a l extrac-  t i v e industries such as f o r e s t r y and ranching are discussed, and actual  - iii -  and potential sources of conflict are pinpointed.  Attention i s given to  the possible need to withdraw land from mineral exploration i n order to protect watershed, recreational, aesthetic and ecological values. There i s almost no l i t e r a t u r e that deals s p e c i f i c a l l y with the interaction of mineral exploration with other resources, and so i t was necessary to gather information from individuals i n government and industry who are d i r e c t l y involved with resource planning, administration and management i n B r i t i s h Columbia. Attention i s given to land-use regulation as i t might be applied to mineral exploration.  While reference i s made to the p o s s i b i l i t y of  introducing alternative forms of mineral tenure, the study was developed on the basis of the present system of mineral tenures because of the probability of widespread opposition by certain sections of the mining industry would appear to make any substantial change unlikely i n the immediate future. It i s concluded that, i f the rights and r e s p o n s i b i l i t i e s of a l l individuals are clearly defined and r i g i d l y enforced, mineral exploration in B r i t i s h Columbia can co-exist with most forms of resource management. However, the mining industry must be brought into any discussions on resource policy and planning, because i t i s only through a mutual awareness of each other's  problems and objectives that common ground can be  found to settle operational problems and yet achieve the objectives which, in the long-term, w i l l benefit the people of B r i t i s h Columbia.  - iv -  TABLE OF CONTENTS  Abstract Table of contents Acknowledgements Chapter 1 1.1 1.2 1.3 1.1+ Chapter 2  INTRODUCTION Resource management i n B r i t i s h Columbia The study The scope of the study Sources of information  i i iv vi 1 1 5 6 10  MINERAL EXPLORATION IN BRITISH COLUMBIA  11  2.1 Exploration techniques 2.2 Acquisition of mineral rights 2.3 The exploration environment i n B r i t i s h Columbia  11 14 18  Chapter 3  ENVIRONMENTAL IMPACT  3.1 The effects of mineral exploration 3.1.1 Forests 3.1.2 Grazing lands 3.2 The control of environmental damage 3.3 The public image 3.4 Assessment of forest values Chapter k  RESOURCE MANAGEMENT IMPACT  4.1 N o t i f i c a t i o n of exploration a c t i v i t y 4.2 Interaction with t r a d i t i o n a l extractive industries 4.2.1 Mineral claim posts 4.2.2 Road building and timber cutting 4.2.3 Sample plots and damage to exploration work 4.2.4 Fire hazard 4.2.5 Grazing 4.3 Consultation and co-operation 4.4 Security and compensation 4.5 Other resource management impacts 4.5.1 Water resources 4.5-2 Recreational, aesthetic and ecological values  19 19 21 24 2k 26 26 32 32 37 37 39 39 4l 43 43 kk 46 47 1+8  -  Chapter 5  V  -  GOVERNMENT REGULATION  55  5.1 5.2  Licences to cut timber Land-use regulation  55 56  5.3  Government structure  6l  Chapter 6 References Appendix  CONCLUSIONS AND RECOMMENDATIONS  66 70  - vi -  ACKNOWLEDGEMENTS  This study would not have been possible without the co-operation of many individuals and organizations involved with resource management in B r i t i s h Columbia.  In addition to those individuals mentioned i n  the l i s t of references, I am indebted to many others who helped me to gain an insight into the mining industry and i t s relationships with other resource management interests.  In p a r t i c u l a r , I wish to  thank Mr. T. E l l i o t t and Mr. F.G. Higgs of the B r i t i s h Columbia and Yukon Chamber of Mines. I wish to thank the members of my committee for t h e i r helpful comments and suggestions, especially Dr. J.V. Thirgood who encouraged my interest i n the mining industry.  My thanks also go to my t y p i s t ,  Miss K. P l e t t . • My short stay i n Vancouver has been enjoyable and very worthwhile, and my appreciation goes to a l l who have helped to make i t so. I am grateful to the Faculty of Forestry and to Dr. J.V. Thirgood for providing f i n a n c i a l assistance, without which I should not have had the opportunity to learn something about resource management i n B r i t i s h Columbia.  CHAPTER 1 INTRODUCTION  1.1  Resource management i n B r i t i s h Columbia  U n t i l quite recently, an attitude prevailed that B r i t i s h Columbia was an inexhaustible source of natural resources, and both government and industry were concerned solely with reaping the harvest. Since the Second World War, however, the government has been guiding the Province out of this purely exploitive phase of i t s resource policy and into a more rational allocation and development of i t s natural wealth.  The f i r s t post-war attempt to consider integrally  the needs of society and industry with regard to a natural resource was the study of the forest resources of B r i t i s h Columbia carried out by the Sloan Commission i n 19^+5 (TO).  Despite the controversy over  such items of policy as sustained y i e l d , that study was a major step forward, and the development of the present-day system of tenures has placed the forest industry on a much sounder base from which to conduct i t s business. A review of forestry l i t e r a t u r e has shown that i n B r i t i s h Columbia, as i n North America as a whole, foresters have been extending both their interests and t h e i r area of competence from forest engineering and timber management to the broader f i e l d of forest land management.  - 2-  To this end, much attention has been given to the concept of multiple use and i t s various derivatives.  The objective of these concepts i s  to allocate land to i t s optimal use under a given set of socioeconomic conditions, and the fulfillment of that objective requires a f a i r l y detailed knowledge of the location and extent of each resource (71).  This inventory data can be gathered r e l a t i v e l y easily  for many natural resources such as timber and grazing land. Indirect methods of assessment are also available for gathering data on f i s h and w i l d l i f e populations, and an assessment can be made of recreational potential.  However, mineral resources occur below the land surface  and cannot be i d e n t i f i e d as readily as surface resources.  Mineral  resources are also unique because the inventory process i t s e l f necessitates some alteration of other natural resources.  I f a mineral  deposit i s known to e x i s t , the development and operation of the mine can be considered i n the planning of optimal land use i n any area, but there i s no guarantee that exploration for minerals i s the optimal use of the land. Thus, i n their f a i r l y detailed-investigations of the integrated approach to resource management, Smith (71) and Travers (72 ) both concentrated on renewable resources and mentioned mineral resources only i n passing. Because of this basic d i f f i c u l t y i n planning for mineral exploration, many land managers have tended to adopt, at best, an attitude of sufferance towards the mining industry, and, i n many instances,  - 3-  have made l i t t l e effort to understand i t s problems.  However, i t must  be admitted that i n the past the mining industry did not make the situation any easier by making statements such as:  "The mining industry feels that this lack of understanding i s eroding the inherent essential rights of free miners, long recognized and clearly established i n early statutes, to explore for mineral deposits on Crown land. I f this erosion i s l e f t unchecked, i t w i l l have a serious adverse effect on the future of mining and hence the economy of this Province." (33)  Although some considerable time has passed since the miners had the Province to themselves, i t would appear that many wish to retain for the mining industry a favoured position over other natural resource interests.  However, i n the development of a rational resource p o l i c y ,  the principle of first-come-first-served has no place. A l l natural resource interests must be given equal consideration to ensure that the needs and desires of society are not subordinated to the "inherent rights" of a group of investors whose main interest i n resources i s their conversion to capital and p r o f i t .  What i s best for the mining  industry i s not i m p l i c i t l y what i s best for B r i t i s h Columbia or Canada. However, the question of equal consideration should not be confused with that of equal p r i o r i t y .  While, i n any one area, a l l resource  interests must be considered, there i s no requirement that a l l of  -  h  -  these interests should be given equal weighting when a decision i s being made. In fact, the question of equal p r i o r i t y occurs only rarely when the development of a proven mineral deposit i s being considered.  While, i n some instances, one of the d i f f i c u l t i e s en-  countered i n assigning p r i o r i t i e s among various biologically-based resource uses i s due to minimal differences i n net returns, the enormous potential of a proven mineral deposit i n terms of dollars per acre w i l l usually override the value of any other resource investment on financial grounds. While some of the external costs of the mine i t s e l f are now being considered i n the f e a s i b i l i t y studies of many operations, f o r example the impact upon water resources and the need for reclamation (hO),  no attempt has been made i n such studies to consider the impact  of mineral exploration, which yields no significant monetary returns unless a mine i s subsequently developed, and, indeed, may reduce the value of the land surface with respect to other natural resources (37). It would be very d i f f i c u l t to determine even the order of magnitude of such external costs, and i f the need for a mining industry and i t s concomitant exploration a c t i v i t i e s i s accepted, the only available course of action i s to ensure that there i s a minimum of interference with the interests of other natural resource users.  - 5 -  1.2  The study  Although the raining industry has been improving i t s relations with other natural resource interests over the past few years, there exist a number of c o n f l i c t areas which appear to be due to a lack of understanding of the structure and operation of the mining industry on the one hand and of the necessity for regulation of a l l natural resource use on the other.  The picture i s further confused by many unfounded  statements about mining and the damage caused by miners.  I t i s the  purpose of this study to determine the extent to which mineral exploration interacts with other natural resource interests and to pinpoint sources of actual and potential c o n f l i c t . The single resource orientation of B r i t i s h Columbia's natural resource l e g i s l a t i o n and administration has led to contradictions i n some statutes. . Because of a lack of consideration of other resource users during the development of the l e g i s l a t i o n , there i s disagreement about the interpretation of some statutory provisions, and the outcome of controversies may depend more upon the power and influence of the respective government departments than upon a rational consideration of natural resource use as a whole. Where such conflicts are found to e x i s t , the amendment of the l e g i s l a t i o n w i l l be considered.  Any rights  or r e s t r i c t i o n s a r i s i n g from l e g i s l a t i o n should be a considered matter of public policy and not the result of the haphazard development of  - 6 -  various resource uses and government agencies. The needs and a c t i v i t i e s of the mining industry w i l l be examined i n an attempt to determine how these may be accomodated i n an i n t e grated approach to the development of natural resources i n B r i t i s h Columbia. The approach taken i n this study w i l l undoubtedly r e f l e c t the author's background.  I t i s that of a forester looking at another  resource-based industry and attempting to relate i t s problems to his own interests.  As such i t i s hoped that this dissertation w i l l  provide a useful introduction to those resource managers who have not given much, or indeed any thought to the mining industry so that a l l resource managers might be able to work i n cooperation for the benefit of the people of B r i t i s h Columbia.  1.3  The scope of the study  The definition of the term "mineral" has been very important i n a number of legal cases dealing with t i t l e to minerals, and the courts have usually adopted the standpoint that the deciding factor i s the meaning of the word i n the vernacular of the mining world, of the commercial world, and of land owners (h). The s t r i c t geological definition of a mineral as a homogenous s o l i d of inorganic origin has not been upheld by the courts.  In one case, the judge commented  -  7 -  that " i n one sense natural gas i s as rock i s , a mineral i n that i t i s not an animal or a vegetable product and a l l substances found on, i n or under the earth must be i n one or other of these categories of animals, vegetable or mineral substances" ( 5 8 ) , and, under common law, the word mineral i s not a definite term, but i s susceptible t o l i m i tation and expansion according to the intention with which the words were used. When dealing with reservations from grants and actual i n terests i n land, i t may include every substance which can be obtained from underneath the surface of the earth for a p r o f i t (h), including water ( 5 2 ) . However, minerals so defined vary greatly i n t h e i r geological relationships and economic significance, and the various methods of exploration and development have evolved to take this into account. Thus for ease of administration, minerals i n B r i t i s h Columbia, excluding water, are considered under the following groups, each with i t s own system of tenure and incentives for exploration and development:  (l)  *  those considered under the Mineral Act* (27) which defines minerals as including (a) ore of any metal or metals; and (b) every natural substance that can be mined; and (c) every natural substance that occurs i n fragments or particles l y i n g on or above or adjacent to the bedrock source from which i t i s derived, and commonly described as t a l u s , but does not include coal, petroleum, natural gas, building and construction stone, limestone, dolomite, marble, shale, clay, sand, gravel, volcanic ash, earth, s o i l , diatomaceous earth, marl or peat.  Unless stated otherwise, Mineral Act s h a l l refer to the Mineral Act, Revised Statutes of B r i t i s h Columbia I960, Chapter 2kk, and amendments thereof.  - 8-  (2)  the definition of mineral under the Placer-mining Act (32) i s the same, but does not include mineral i n place  (3)  coal - considered under the Coal Act (19)  (U)  petroleum and natural gas - considered under the Petroleum and Natural Gas Act (31)  (5)  a l l other substances excepted from Group 1 and not included i n Groups 2, 3, and U - considered under the Land Act (26).  Because of the differences i n the approach to exploration and development i n each group, a detailed consideration of a l l five groups would be a monumental task, and so this study i s restricted to the f i r s t group of minerals, which account for the most economically s i g nificant sector of the industry - hard-rock metal mining.  During 1969,  hard-rock mining accounted for $315,386,227 of the t o t a l value of $U6U,302,695 for mineral production as a whole i n B r i t i s h Columbia (9). Apart from i t s greater dollar value, hard-rock mining i s an important factor i n most areas of the Province whereas coal, petroleum and natural gas are more limited i n their distribution.  By i t s very nature, placer-  mining i s also restricted i n i t s d i s t r i b u t i o n , and, accounting for only $11,720 i n 1969 (9)i i s no longer of any major significance i n B r i t i s h Columbia. Although there are many problems associated with the production of minerals i n Group 5> these minerals have not been considered because they are the concern of many more organizations than what i s commonly referred to as the mining industry and are not usually  the object of large flows of speculative capital. The study has been further restricted with respect to the ownership of mineral rights.  Under section 109 of the B r i t i s h North  America Act, 1867, and section 10 of the Terms of Union, 1871, mineral ownership resides i n the Province (59). Apart from Crown-granted mineral claims, which were replaced as a form of tenure by mineral leases i n 1959 (28), a number of old Crown grants of land which included base minerals, and the alienation of Indian Reserves and National Parks to the Dominion, the Province has retained ownership of mineral rights.  Under an agreement signed i n 19^3, the mining laws of the  Province apply to Indian Reserves, and a l l income collected as a result of the use of Indian Reserves under these laws w i l l be shared equally by the Dominion and Provincial governments (58).  Ownership  of the precious metals, gold and s i l v e r , has been retained by the Province on a l l lands. Section 12 of the Mineral Act allows that "every free miner s h a l l .. have the right to enter, locate, prospect and mine (a) upon any waste lands of the Crown for a l l minerals; and (b) upon a l l lands the right whereon to so enter upon, locate, prospect and mine a l l minerals i s reserved to the Crown and i t s licencees, for a l l minerals; and (c) for gold and s i l v e r upon any lands the right whereon to so enter and mine gold and s i l v e r i s reserved to the Crown and i t s licencees;  - 10 -  excepting out of a l l the above descriptions of lands any land occupied by any building, and any land f a l l i n g within the curtilage of any dwelling-house, and any orchard, and any land for the time being actually under c u l t i v a t i o n , and any land lawfully occupied for mining purposes other than placer-mining, and also military or naval reservations .. "  The precious and base metals are so closely associated that they cannot be mined separately *, and so i t i s l i k e l y that any exploration work w i l l be by agreement with the owner of the base metals.  Thus,  only Indian Reserves and lands on which the Province has retained ownership of the base minerals w i l l be considered i n this study.  l.k  Sources of information  There i s l i t t l e published information on many of the problems considered i n this study,and, therefore, much emphasis was placed on contact with those who have had first-hand knowledge of the r e l a t i o n ships between the mining industry and other resource interests. mation  Infor-  was gathered both by correspondence and personal interview  with government o f f i c i a l s and industry representatives. Much information was gathered from the f i l e s of the B r i t i s h Columbia and Yukon Chamber of Mines. V/here discretion prevents the discussion of particular cases, the Chamber of Mines i s cited as the source of the information. *  This was, i n fact, one of the reasons which was cited i n the agreement over Indian Reserves, mentioned on page 9» which placed a l l mineral exploration and development under the j u r i s d i c t i o n of the Province.  - 11 -  CHAPTER 2 MINERAL EXPLORATION IN BRITISH COLUMBIA  2.1  Exploration techniques  Although metalliferous minerals are widespread i n the earth's crust, i t i s only at certain locations that they occur i n s u f f i c i e n t volume and concentration to make extraction economically feasible. Mineral exploration i s an attempt to locate these deposits, whose occurrence i s r e l a t i v e l y rare, and one of the mining industry's major problems i s that there i s no simple method of doing so. Mineral exploration techniques have become much more sophisticated since the days of the individual prospector who searched patiently and methodically with such simple tools as pick and shovel.  Individual  prospectors, who remain an important factor i n mineral exploration (2U), are v i r t u a l l y restricted to rock outcrops, which cover only about 10$ of the Province (33). As much of that area has been subjected to at least cursory examination, the" mining industry has been forced to develop methods for locating deposits that are overlain by heavy overburden or rock capping. Detailed mineral exploration i s costly, and so the mining industry must r e s t r i c t i t s search to those areas which offer the greatest potential and reduce the investment risk as much as possible.  After  - 12 -  each stage, the exploration personnel must decide whether the r i s k involved i n investing i n further exploration work i s acceptable. Geological maps, produced by the Federal and B r i t i s h Columbian Governments may indicate those areas which are considered to be geolog i c a l l y favourable to the occurrence of concentrations of metalliferous minerals.  On the macro-scale, for example, the Western Cordillera  w i l l be favoured over the sedimentary p r a i r i e regions. On the microscale, what i s sought i s a geological condition which i s different from i t s surroundings, for example, a rock structure, an abrupt change i n rock types, a sign of chemical alteration or some other anomaly which may indicate the p o s s i b i l i t y of ore deposition. Mineral exploration i s now benefitting greatly from developments in geophysics and geochemistry.  The fact that rocks vary i n their  physical and chemical characteristics has been used on a rather crude basis for several centuries, for example the use of bar magnets to detect bodies of iron ore, but only with the r e l a t i v e l y recent development of instruments capable of detecting extremely small variations in a number of physical parameters has the use of geophysical techniques become widespread.  By examining certain aspects of the magnetic,  e l e c t r i c a l , seismic, gravimetric or radioactive behaviour of any area and p l o t t i n g the values measured at various grid positions , the geophysicist w i l l be able to detect anomalies i n physical behaviour.  -  13-  However, i t should be noted that the detection of an anomaly does not necessarily indicate an orebody. The instruments measure physical parameters.  They do not indicate what rocks are present.  Any set  of data i s susceptible to a number of interpretations, and so i t i s highly desirable to have good geological information about the area concerned.  Otherwise, further investments might be made on .the :  basis of interpretations which are geologically impossible. s o i l has overlain a mineral deposit for some time, i t may minute quantities of metallic ions. these ions i n their foliage.  Where contain  Certain plants w i l l concentrate  By systematically taking samples of  s o i l and foliage, anomalies may be noted.  Stream water may also be  samples i n the hope of detecting upstream orebodies. None of these approaches to exploration - geological, geophysical or geochemical - can be used by i t s e l f to say whether or not an economic mineral deposit exists.  They are used i n various combinations, depending  upon l o c a l conditions, to help plan i n an e f f i c i e n t manner the next phase of exploration - sampling of the most favourable anomalous areas. In this phase, where the overburden i s not too deep, trenches are dug across these areas so that the underlying rock formations may be examined and the quality and the horizontal location and extent of any mineralization determined. Apart from intensive d r i l l sampling, there i s no way of definitely determining whether or not an economic deposit e x i s t s , but i t i s highly preferable that d r i l l i n g be preceeded  -lU  -  by surface stripping so that the d r i l l - s i t e s can be planned e f f i c i e n t l y . Otherwise, d r i l l i n g might be ineffective because of the r e l a t i v e l y small size of the orebody.  Indeed, anyone who has v i s i t e d an open-pit mine  cannot help but be amazed that such a r e l a t i v e l y minute body of rock can be pinpointed. In summary, therefore, mineral exploration consists of a series of stages, each of which furnishes information for those who must decide on further expenditure.  The t o t a l area under examination i s  rapidly reduced and the search i n t e n s i f i e d u n t i l d r i l l i n g operations locate the orebody and ..allow a decision on whether or not largescale investment i n mine development i s economically j u s t i f i a b l e .  2.2  Acquisition of mineral rights.  Whenever exploration has indicated the p o s s i b i l i t y of significant mineralization, the free miner, whether an individual or a company, w i l l wish to secure t i t l e to any minerals which may exist.  This i s  usually carried out very early i n the exploration programme to prevent other free miners from gaining the benefits of one's work. Every person who wishes to obtain t i t l e to minerals or exercise the right to enter, locate, prospect and mine must be the holder of a free miner's c e r t i f i c a t e , which i s available to any person, eighteen years of age and over, upon payment of a fee of $5 for individuals or  - 15 $100 or $200 for corporations, depending upon the l e v e l of capitalization (s.U)*. (s.5).  The free miner's c e r t i f i c a t e must be renewed annually Any person wishing to acquire any rights by conveyance or  transfer of t i t l e must also hold a free miner's c e r t i f i c a t e ( s . l l ) . The only exception to this rule i s where someone wishes to acquire shares i n a mining or exploration company. On lands open for entry under the Mineral Act, the free miner can locate and record any number of mineral claims, each with a maximum size of 1500' x 1500' (s.27).  S t r i c t compliance with the require-  ments for locating and recording i s essential for a v a l i d claim.  Dis-  regard for these requirements i s intolerable to other free miners who must rely entirely upon the information f i l e d i n the Mining Recorder's office together with the mineral claim posts and location lines on the ground (25).  I t has long been recognized, however, that the demand  for l i t e r a l compliance with these requirements i n the rough terrain of B r i t i s h Columbia may defeat the purpose of the Mineral Act, namely to secure a minimum l e v e l of order and s t a b i l i t y i n mineral exploration and development. Thus, a provision exists i n section 39 of the Mineral Act such that "the f a i l u r e on the part of the locator of a mineral claim to comply with the provisions .. s h a l l not be deemed to invalidate the location or the recording thereof, i f upon the facts i t appears that there has been on his part a  This notation indicates the relevant sections of the Mineral Act.  - 16-  bona fide attempt to comply with the provisions of this Act, and that failure to comply with any one or more of these provisions i s not of a character calculated to mislead other persons desiring to locate claims i n the vicinity."  One source of conflict was removed with the introduction of witness posts.  Where i t i s not possible to place mineral claim posts i n the  ground as required by section 27 of the Mineral Act, witness posts may be placed on adjacent, accessible land, indicating the compass bearing and distance to the point where the mineral claim posts would have been (s.30).  One example of the type of c o n f l i c t which used to  arise before witness posts were introduced occurred i n a case where the free miner had placed one of his mineral claim posts i n the surface of a glacier (59).  While a s t r i c t interpretation of the Mineral Act  would have required that he dig down through the i c e and place the posts i n the underlying ground, this would have resulted i n a staking which, because the posts would not have been conspicuous, would have been a trap for subsequent free miners, and i t was held that he had done everything possible i n the circumstances to comply with the Mineral Act and that h i s staking had been carefully designed to avoid trespass and to give the best possible marking for the benefit of subsequent free miners. The free miner now has a mineral claim on which he alone, or any  -17 of his agents, i s e n t i t l e d to explore and mine for a l l minerals for a period of one year (s.15,16,17)•  The claim may be renewed annually  i f , during each year, work involving actual exploratory or mining operations has been carried out to the value of $100 or the sum of $100 has been paid i n l i e u to the Mining Recorder (s.51,5*0. Where the claim has been surveyed by a Provincial land surveyor, part of the cost of the survey may be charged against the work requirement  (s.56).  Subject to  approval from the Department of Mines, road and t r a i l construction maybe counted as assessment work for one year during any one of the f i r s t three years, but such work s h a l l not be accepted i n any l a t e r year (s.5l). Claims, not exceeding forty i n number, may be grouped, and the work required for a l l may be performed on any one or more of these claims (s.5l).  Excess work may be counted against work requirements i n future  years (s.53). I f the claim holder wishes to acquire greater security of tenure, he can obtain a 21-year, renewable mineral lease. However, the costs of holding a lease are quite substantial compared with the work requirement of mineral claims, and even the larger companies do not acquire mineral leases u n t i l production i s assured.  Thus, mineral  exploration w i l l usually be carried out under the terms of mineral claims rather than leases. However, i f any s i t e proves especially interesting, the free miner may have his claims surveyed to ensure that there i s no misunderstanding about the actual location of the claim.  -  2.3  18-  The exploration environment i n B r i t i s h Columbia  Climate and terrain are major factors affecting mineral exploration i n much of B r i t i s h Columbia.  In many places, the severe climate,  p a r t i c u l a r l y through the impact of snowfall upon access , l i m i t s the length of season during which exploration work can be carried out. The rugged terrain also makes access d i f f i c u l t , especially for the individual prospector. Although the nature, location and extent of the work are planned to some extent before the exploration programme i s started, f i e l d observations may cause even the most f l e x i b l e of plans to be changed at very short notice.  Thus, i t i s d i f f i c u l t to keep track of what i s  going on i n any one area.  The large number of people involved and the  isolated nature of mineral exploration also make i t an a c t i v i t y which i s very d i f f i c u l t to regulate. The B r i t i s h Columbia and Yukon Chamber of Mines estimated that "each season some 2,000 people are involved i n prospecting a c t i v i t y . At least 1,000 of these are highly experienced 'grass-roots' prospectors, while the balance are geologists, geophysicists, geochemists and university students." (U8)  - 19 -  CHAPTER 3  ENVIRONMENTAL IMPACT '  3.1  The effects of mineral exploration  By i t s very nature, mineral exploration involves some disturbance of the environment. Vegetation w i l l be destroyed by surface trenching operations.  Trees must be cleared to provide sites f o r  d r i l l i n g equipment, and they must be cleared or blazed to mark the location of grid l i n e s .  The building of access roads and exploration  t r a i l s , a i r s t r i p s , helicopter pads, campsites and storage areas also necessitates some disturbance. Erosion i s a potential problem whenever vegetation i s removed and the land surface disturbed.  Seismic lines and the havoc they have  wrought i n Alberta immediately spring to mind, but this technique i s mainly restricted to o i l and gas exploration and i s not of much concern in hard-rock mining i n B r i t i s h Columbia (6k).  However, b l a s t i n g , road  and t r a i l construction, trenching and any other operation involving bulldozers are potential sources of erosion problems. Roads and t r a i l s are b u i l t on a short-term basis to provide the cheapest access for exploration equipment. They are usually made by running a bulldozer through the vegetation, and the surface i s no more than the underlying s o i l .  Roadside ditches are seldom dug, and  stream crossings are usually fords or log culverts; H i l l s i d e roads  - 20-  intercept surface drainage, and, on steep slopes, roadside streams develop, scouring channels and carrying heavy loads of sediment. In mountainous areas, c u t - a n d - f i l l road construction, trenching and the l e v e l l i n g of sites for d r i l l i n g equipment may lead to unstable slopes, and any resulting slides w i l l cause deterioration of downhill vegetation.  Unstable slopes may also encroach upon stream channels  and set up conditions of i n s t a b i l i t y that persist for many years. The alteration of normal surface and sub-surface drainage patterns may have serious consequences. Damage to stream banks, blockage of stream channels and sedimentation cause changes i n stream p r o f i l e s , reduce the storm-carrying capacity of the watercourses and increase the danger from flash floods. In B r i t i s h Columbia, increased sediment loads may have serious consequences because of the importance of water resources management (68)«  The effects on salmonid fishes have been well documented (UU),  and any deterioration i n water quality may have important consequences for domestic and i n d u s t r i a l consumers downstream.  In certain situations,  sedimentation may also cause the premature silting-up of dams. In addition to erosion, the disturbance of vegetation may also have an impact upon w i l d l i f e values.  In some instances, the effects  may be detrimental to l o c a l w i l d l i f e populations, but i n areas of dense forest cover, clearing may provide a valuable d i v e r s i f i c a t i o n of. habitat as long as natural revegatation ensues.  3.1.1  Forests  At one time, the low intensity of the impact of mineral, exploration upon the forest resource was such that the Forest Service either did not notice i t , or i f they did, merely ignored i t (53).  However,  the rapid increase i n exploration a c t i v i t y which occurred several years ago coincided with a period during which the Forest Service was also trying to put pressure on the forest industry to do a better job (53).  At that time, the Forest service became seriously alarmed at  the impact of mineral exploration.  The main points of concern were  that "(l)  slash i s not disposed of, leaving very severe hazards from both f i r e and disease;  (2)  i n many cases, access roads are not properly located, and much destruction takes place where the bulldozer operator makes several attempts to get through;  (3)  timber i s destroyed because l i t t l e or no care i s taken to avoid destruction." (13)  Submissions were made to the Select Standing Committee on Forestry and Fisheries, which recommended i n March 1967  that, before further  l e g i s l a t i v e powers were enacted, a one-year t r i a l period be granted for voluntary control of damage (15).  As a result of these recommen-  dations, the Department of Mines issued a "Notice to a l l free miners and  -22-  a l l persons engaged i n mining exploration", which stated that "every effort must therefore be taken to minimize destruction of standing timber as well as the destruction of surface capable of perpetual y i e l d . I t need not be construed that legitimate mining exploration work w i l l be unnecessarily hampered by the need for sensible conservation of forest growth, but i t i s essential for a l l those i n the mining exploration f i e l d to recognize that f a i l u r e to co-operate i n carrying out the requirements detailed herei n w i l l result i n stringent o f f i c i a l regulations to the probable detriment of the mining fraternity." (13)  Section 10 of the Mines Regulation Act (29) requires that the D i s t r i c t Inspector of Mines be n o t i f i e d of any exploration or development work. To f a c i l i t a t e the enforcement of this section, the Department of Mines produced a form e n t i t l e d "Notice of opening of a mine or quarry, or of work on a mineral property" (12) (see Appendix). Two copies of this form were required i n order that a copy might be forwarded to the D i s t r i c t Forester.  A circular l e t t e r to a l l D i s t r i c t  Foresters indicated the policy and procedures to be followed i n the enforcement of those sections of the Forest Act (23) dealing with hazard abatement and the assessment of timber values ( l ? ) - On receipt of the "Notice of opening", the D i s t r i c t Forester would send the operator a form l e t t e r setting out the requirements of,the Forest Act and requesting him to contact the D i s t r i c t Forest Ranger ( l 6 ) . A copy of the l e t t e r would also be sent to that Ranger.  "23  *  In 1968, after one year, the Forest Service submitted a report to the Select Standing Committee stating that, i n spite of a lack of applications for Licences to Cut,  which i t s policy demanded, a l l  forest d i s t r i c t s reported a general willingness to co-operate with the Forest Service (15).  There had been a heavy f i r e season, which had  prevented several d i s t r i c t s from maintaining close contact with mining operations, and there had not been time to acquaint a l l operators with the policy or to judge i t s effects, but the general feeling was  one  of optimism and that, with more publicity and education, the policy could work. In March 1969, the Select Standing Committee observed that there was a delay between the submission of the "Notice of opening" to the D i s t r i c t Inspector of Mines and the copy being forwarded to the Forest Ranger.  Thus, i n many instances, the exploration work had been carried  out and the operator had abandoned the s i t e before the Forest Ranger had had the opportunity to contact the  operator.  The Select Standing  Committee then recommended that the operator mail a copy of the "Notice of opening" directly to the D i s t r i c t Forest Ranger (18). Despite the continued increase i n mineral exploration and the corresponding increase i n paper-work and inspection duties, i t would appear that the voluntary measures to prevent unnecessary damage and reduce hazards from f i r e and disease have been generally successful ( 18) •  -  2h-  This i s not to say that the problem has been completely solved.  The  Forest Service i s s t i l l concerned about the construction of roads without any proper planning and without proper disposal of slash, (l+l).  3.1.2  Grazing lands  The B r i t i s h Columbia Beef Cattle Growers' Association also made representations to the Select Standing Committee on Forestry and Fisheries i n 1°67 about the damage being done to grazing lands by careless and negligent bulldozer operators (37).  Certain types of  pasture were being irreparably destroyed, and increased erosion was causing serious problems. Surface trenches were a hazard to c a t t l e . This type of damage s t i l l occurs, and unless the rancher has some agreement with the free miner, trenches are not usually b a c k f i l l e d ( 6 l ) . The rancher may or may not reseed the area himself.  3.2  The control of environmental damage.  When l e g i s l a t i v e controls for the reclamation of mined-lands were f i r s t considered, the exploration phase of the industry was also included.  However, i t was claimed that the amount of administrative  effort necessary for such control would be impracticable.  Certainly,  -25 -  the scattered and isolated nature of mineral exploration and the preparation of reports i n such d e t a i l as required by Section 11 of the Mines Regulation Act would be impracticable for many exploration programmes which last only a few weeks. Thus, when the reclamation l e g i s l a t i o n was incorporated into the Mines Regulation Act, the exploration phase was excluded from i t s j u r i s d i c t i o n . The rather concentrated nature of coal deposits and the tenure system of leasing under the Coal Act (19) allow much closer control to be exercised over coal exploration. In A p r i l 19^7» the reclamation provisions of the Coal Mines Regulation Act (20), which are i d e n t i c a l to those covering hard-rock mining, were applied by Order i n Council to a l l coal mines i n the exploration stage "where the employment of mechanical equipment has disturbed or w i l l disturb the surface of the land i n clearing, stripping, trenching and such other operations as have or may be considered to cause significant disturbance of the surface of the land." (10). As with the o r i g i n a l introduction of the reclamation l e g i s l a t i o n , the government i s obviously, and perhaps wisely, being very cautious about the amount and type of control to be exercised over an industry which does not lend i t s e l f to easy supervision.  However, some form  of environmental control over mineral exploration w i l l be necessary i n the future. At present, the submission of a "Notice of opening" does not guarantee the minimization of environmental impact. The form of  - 26-  any future control measures i s d i f f i c u l t to predict because of the lack of knowledge of a l l of the effects and their remedies. Detailed regulations cannot be drawn up unless this information i s available. U n t i l this information i s forthcoming, i t may be advisable to follow along the lines suggested i n Section 5.2.  3.3  The public image.  The mining industry has had a reputation for abandoning useless equipment and materials, for not clearing up campsites and storage areas and for being generally untidy.  Although there i s s t i l l much  to be done, i t should be noted that many companies are aware of this blot on t h e i r public image and are taking steps to erase i t (63). It would be naive to think that everything possible i s being done. Examples of complete disregard for the impact upon environmental and aesthetic values s t i l l occur ( 6 l ) . However, discussions with many people have revealed a marked change i n the attitudes within the mining industry over the past few years,and this trend must be encouraged.  3.^  Assessment of forest values.  Subsection 21(2) of the Mineral Act and subsection 10(l) of the Forest Act are c o n f l i c t i n g pieces of l e g i s l a t i o n i n that one allows the  - 27 -  free miner to make use of the timber on his mineral claim while the other states that, without a licence, i t i s unlawful to cut any trees which have been reserved to the Crown. The Forest Service informs the free miner that  "with the accelerating mining development and exploration a c t i v i t y throughout the Province, the loss of timber values resulting from such a c t i v i t y has become a matter of considerable concern. Because of the need for sustaining the supply of raw material for the forest industries, i t i s essential that every effort be made to u t i l i z e as much as possible of the merchantable timber being removed for mining purposes. Where this cannot be done, i t i s essential that a charge be made for timber destroyed, as i t represents an asset belonging to the people of the Province." (l6)  Although Forest Service policy has always been that a l l timber must be accounted f o r , the extensive and often isolated nature of mineral exploration would appear to have prevented the r i g i d enforcement of the Forest Act i n the past (53). I t i s claimed by some free miners that only with the voluntary programme for the abatement of forest damage i n 1967 and the submission of "Notices of opening" did the Forest Service have the opportunity to begin charging stumpage (36). When a mining operator i s cutting timber on a mineral claim for use on that claim, no licence to cut i s required nor i s any stumpage or royalty charged even although, under s t r i c t interpretation of the Forest Act, royalty should be paid (Ul). This also applies when  - 28  -  timber i s used i n the construction of access roads:  the Forest Service  recognizes road building as an improvement to mineral properties (4l). In a l l other situations, a licence to cut i s required, and the following procedures have been established by the Forest Service for dealing with stumpage charges arising from mineral exploration, whether on mineral claims or not.  The policy concerning the payment of stumpage for  timber cleared during the building of main mining roads i s not to b i l l for any timber used for road construction (4l). I f there i s any merchantable timber not required for road building purposes,  the free  miner i s expected to deck logs for disposal by the Forest Service. When the timber i s sold, the free miner i s reimbursed for reasonable costs of f e l l i n g and decking.  Where timber i s knocked down and des-  troyed, the free miner w i l l be b i l l e d for i t s appraised value. There i s no charge for immature timber destroyed except where there i s unnecessary waste. Where timber values are destroyed during the construction of temporary mining roads or during other exploration a c t i v i t i e s the same procedure w i l l be followed as for main access roads except that an assessment i s made for immature timber destroyed (l6). When temporary access roads are not b u i l t over mineral claims, a charge w i l l be made for any timber used i n their construction.  "Where the de-  struction of timber i s of such intensity as to leave only scattered trees of marginal residual value, the timber, including immature, on the entire area so affected w i l l be considered destroyed and waste  - 29. -  charges assessed accordingly" ( l 6 ) . Although many free miners have been paying stumpage b i l l s , there are many who have refused to do so (36). They consider that subsection 21(2) of the Mineral Act allows them to do as they please with any timber on t h e i r mineral claims. In the past, they have used the argument that surface stripping and road building are operations connected with the business of mining and claimed that they should not be charged for any timber cut during such operations. However, the Forest Service recognize these a c t i v i t i e s as a part of mining, and the problem r e a l l y revolves around the definition of the word "use".  When free miners  were f i r s t given the right to the use of timber for mining purposes, what was contemplated was the physical use of timber for pit-props, s l u i c e s , etc. Timber was essential to the development of a mineral claim, and the right to use timber on that claim was an incentive to that development.  The use of heavy machinery and the need for extensive road  building were surely not envisaged i n the middle of the Nineteenth Century when mineral l e g i s l a t i o n was f i r s t enacted i n B r i t i s h Columbia. Although surface stripping and road building must be considered as operations connected with the business of mining, they do not always involve the use of timber, but i t s destruction! The mining industry objects on principle to paying stumpage, even where the l e g i s l a t i o n states clearly that timber must be paid for (3 , 33, 36).  Free miners are interested only i n minerals — they do  - 30.' -  not want to become involved i n the logging industry with a l l the extra work of decking logs. Many exploration companies consist of only a handful of geologists and so they are dependant upon the l o c a l availab i l i t y of labour and machinery i f they are forced to cut and deck logs as distinct from burying or windrowing them. (63).  Free miners object  to paying for timber which cannot be marketed and point out that, even where the operations of the forest industry provide a market nearby, that market i s often saturated with the output of l o c a l logging companies.  They argue that the trees which are cut or destroyed i n the  course of their operations are of negligible value when compared with the value of mineral production i n B r i t i s h Columbia.  This i s a poor  argument against stumpage charges because the timber may be quite valuable l o c a l l y , but i t i s given credence when, i n some instances, the scaling costs are almost as much as the value of the timber being assessed (36). Certainly, one must draw the l i n e somewhere, and the Forest Service must endeavour to account for a l l timber cut or destroyed, but a blanket provision that a l l timber, with a few exceptions, must be paid for ignores the fact that the real problems l i e i n determining the costs and how to allocate them. One must consider the benefits of timber removal - for example, increased w i l d l i f e values and access for recreation and forest management a c t i v i t i e s — and compare them with the costs - the destruction of the forest resource, damage to environmental and aesthetic values and inconvenience to forest managers.  I f timber  removal does not interfere unduly with the operations of the forest  - 31 -  industry and does not have a significant impact upon i t s commitment to sustained y i e l d management, the control of environmental and aesthetic damage as discussed i n section 3.2 should suffice.  Timber,  as distinct from forest cover, i s only an asset when i t can or w i l l be used i n an economically e f f i c i e n t manner. I t should also be remembered that an increase i n exploration costs due to stumpage payments would not result i n a corresponding increase i n our knowledge of mineralization. I f i t i s decided that the mining industry must pay for the timber cut i n the course of i t s operations, the allocation of that cost i s important.  By charging the individual free miner for timber damaged  during mineral exploration, the Forest Service i s certainly placing the responsibility on those actually causing the loss of timber values to the Province.  However, only a very few free miners make a substantial,  or indeed any, gain from their a c t i v i t i e s , and i t would perhaps be f a i r e r to allocate these costs, i n the form of royalties or taxes on production, to those sectors of the industry that are actually reaping the benefits from successful exploration.  - 32 -  CHAPTER k RESOURCE MANAGEMENT IMPACT  The growing interest i n a l l of B r i t i s h Columbia's natural resources emphasizes the need for co-operation between a l l resource interests:  h.l  each must act to eliminate needless c o n f l i c t .  Notification of exploration a c t i v i t y .  One of the major obstructions to achieving this co-operation i s the fact that, although a large area of the lands open for mineral exploration are lawfully occupied for other purposes, there i s no overall provision which requires the free miner to notify the owner or occupant of the land surface of his presence.  On lands adminis-  tered under the Park Act (30) and the Indian Reserves and Mineral Resources Act (2h), the free miner must obtain permission from the respective government agencies before he can exercise any rights under the Mineral Act.  However, on a l l other lands, the free miner can  enter and stake claims without notifying anyone but the Mining Recorder of his presence, and even then, not u n t i l after staking has been carried out.  Although the free miner i s required to submit a  "Notice of opening" to the D i s t r i c t Inspector of Mines and the D i s t r i c t  - 33 -  Forest Ranger for any exploration work, he i s not required to notify the l e g a l occupant of the land of his proposed a c t i v i t y .  Even on  private lands, there i s no statutory requirement to notify the owner although an information pamphlet issued hy the Department of Mines states that "free miners, who enter on private land .. must, i n the interest of harmony, contact the occupant p r i o r to commencing work. Free miners who describe the nature and extent of work planned on their mineral properties w i l l find that conflicts of use with land owners can often be resolved amicably." ( l l )  Information about the existence and status of mineral claims in any area can be obtained from the Mining Recorder's o f f i c e or by carrying out a search for claim posts on the ground.  The recording  of claim locations i n the Mining Recorder's o f f i c e leaves much to be desired and has been the subject of a b r i e f to the Provincial government by the B r i t i s h Columbia and Yukon Chamber of Mines (35).  Unless  a claim has been surveyed or the free miner has a good knowledge of l o c a l geography, the actual location of the claim can be as much as several miles from that indicated i n the o f f i c i a l documents. Discussions with several people involved with the mining industry have revealed that this confusion may be compounded by the fact that instances have been known where claim locations were indicated falsely i n a deliberate attempt to mislead other free miners.  The  Department of Mines plots the location of mineral claims on a series  -  3k  -  of maps produced by the Legal Surveys Division showing a l l other forms of land alienation.  However, i n certain d i s t r i c t s , there are  so many claim recordings that there may be a considerable delay i n transferring locations to these maps. Thus, even i f locations are recorded accurately, there i s no guarantee that any land indicated as being unoccupied at a particular time i s necessarily so. Even i f a ground search for claim posts were carried out, there i s no guarantee that new claims would not be staked between the time of that search and the beginning of any particular operation.  For  example, on one Tree Farm Licence, the forest company was going to carry out a slashburn when i t was discovered that several mineral claims had been staked during the few weeks since the logging operation had been completed (69 ). This lack of information about the existence and status of mineral claims was also pointed out by the Public Land Law Review Commission (73) i n the U.S.A., where Federal land agencies often have no knowledge of the a c t i v i t i e s of claim holders unless they apply for patents, a type of Federal deed which conveys to the locator legal t i t l e to the land within his claim. The Commission considered that this was not consistent with sound land management and recommended that "locators be required to give written notice of t h e i r claims to the appropriate Federal land agency within a reasonable time after location".  In B r i t i s h Columbia, i t i s also essential for  - 35  -  land planners and managers to have a l l the relevant information on the legal status of the land.  Where land i s being considered for a l i e n -  ation, the Department of Lands, Forests and Water Resources must know of any prior rights.  Surface operators must know of any mineral  exploration a c t i v i t y so that they are i n a position to respect the rights of the free miner.  I t should remain the responsibility of  these surface resource interests to determine the existence of other land r i g h t s , but, u n t i l some more satisfactory method of recording the location of mineral claims has been developed, i t would be preferable i f the free miner n o t i f i e d the Forest Service or the owner or occupant of the land surface of the existence of his claim as soon as possible after i t has been located. Many areas of B r i t i s h Columbia are now under some form of management, which may have involved some considerable investment.  These other  resource managers are e n t i t l e d to know of everything which may affect t h e i r resources or their decisions regarding these resources, especially i n those situations which involve them i n additional expenditures or reduce the value of t h e i r investments.  The B r i t i s h Columbia Beef  Cattle Grower's Association i s currently working on an amendment to the Mineral Act whereby the free miner must notify the owner before beginning any exploration or development work on private land (38). Under present l e g i s l a t i o n , however, surface occupants may have made substantial long-term investments i n land which they hold under permit or lease, and so there i s also a good argument for requiring the free  - 36  -  miner to notify a l l types of surface occupant of his proposed work. Under the present system of mineral laws, i t would not be p r a c t i c a l to require prior n o t i f i c a t i o n of intent to stake mineral claims because that would allow the surface owner or occupant to stake claims on that land before the free miner had had a chance to do so.  There would  also, therefore, be some objection from the mining industry to requiring n o t i f i c a t i o n about any disturbance of the land surface that might be necessary i n staking mineral claims.  In the past, one of the  major objections to n o t i f i c a t i o n of exploration a c t i v i t y was the deepseated fear of divulging confidential information which could be of value to r i v a l free miners. "Under existing l e g i s l a t i o n , Forest Service personnel can and do hold Free Miner's Licences and can and do stake claims. While the Chamber knows of no case where p r i v i leged information was used by Forest Service personnel for their own benefit, there i s obviously the p o s s i b i l i t y of a conflict of interests. To obviate t h i s , the Chamber feels that the Forest Service should deal with mining and exploration groups through the Department of Mines and that any subsequent information should be treated as confidential." (33)  Objections such as these should not deter the government from requiring n o t i f i c a t i o n of any disturbance i f that n o t i f i c a t i o n i s necessary for the rational development of B r i t i s h Columbia's natural resources. However, the interests of the free miner must be safeguarded, and i f the Forest Service i s to be handling information about mineral exploration, i t s situation should be brought into l i n e with that of the Department  - 37  -  of Mines so that i t s personnel are not permitted to hold any interest i n any mineral claim.  I t would appear that there might also be good  reason for preventing surface owners or occupants from staking claims without f i r s t having n o t i f i e d the Mining Recorder of t h e i r intent to do so.  Then, i f any conflicts arose because a free miner had informed  the surface occupant of his exploration plans, a decision on the rights of each individual could be made r e l a t i v e l y e a s i l y .  k.2  Interaction with t r a d i t i o n a l extractive industries.  Investigations revealed that the following were the main points of concern both now and during the past few years.  h.2.1  Mineral claim posts  Section 125 of the Mineral Act makes i t an offence to tamper i n any way with legal posts, survey monuments or metal i d e n t i f i c a t i o n tags.  U n t i l quite recently, however, very few people i n the forest  industry realized the significance of claim posts.  One of the problems  was that tree f e l l e r s could not recognize claim posts or assumed that many of those which were found marked o l d , abandoned claims, even though metal i d e n t i f i c a t i o n tags on claim posts indicate active claims. The forest industry i s now t r y i n g to t r a i n i t s employees to recognize claim posts (65).  I f claim posts are found, the forest company must  - 38 -  attempt to find out whom the claim belongs to and notify the free miner or protect the posts either by adjusting i t s operations s l i g h t l y or be referencing the posts and replacing them after the work has been completed (65). In the autumn of 1970, one free miner was informed that the whole area surrounding his claims would be logged o f f and subsequently slashburned (36). He wished only that his claim posts be protected so that he might be able to prove i d e n t i t y , but considered that protection to be the responsibility of the logging company. When he sought the help of the Forest Service, he was informed that there was no ruling regarding the preservation of existing claim posts.  This undesirable  state of a f f a i r s should not occur i n the future, however. Under present practice, i f the Forest Service i s informed that damage has occurred or w i l l occur, the forest operator w i l l be advised to repair the damage immediately or w i l l be informed of the rights of the free miner ( U l ) . Apparently, there i s s t i l l a problem with persons who stake claims as a nuisance i n order to claim damages or obstruct road development (60).  The forest company may have recourse to section 12h (l)(e) of  the Mineral Act, which provides that the Lieutenant-Governor i n Council may "order the cancellation of the record of a mineral claim where i t has been acquired and held for purposes other than for working as a mineral claim", but i t may prove impossible to prove one's case.  - 39 -  k.2.2  Road building and timber cutting  Unco-ordinated road building i s one of the main problems i n the mining-forest industry relationship. I t i s i n e f f i c i e n t for exploration companies to b u i l d access roads which subsequently cannot be used by logging companies because they have been located on the wrong side of a valley or are not of a suitable standard.  Although the forest  industry has no control over where the free miner wishes to operate or what timber he wishes to remove, consultation allows the logging company to suggest a location for proposed roads that would complement i t s own development plans.  One forest company has stated that, i f the  miners were not w i l l i n g to cooperate, i t would be prepared to b u i l d the road i t s e l f to prevent wasteful duplication (56).  Consultation  also allows the logging company to adjust i t s logging plans to remove salvagable timber f e l l e d as a result of exploration work. This  non-  scheduled road building and timber removal i s costly because i t seldom f i t s i n with current operational plans, but on Tree Farm Licences, i t i s a cost which often has to be borne i n order to protect longterm forest management commitments (56).  4.2.3  Sample plots and damage to exploration work  Another major problem i s the protection of forest y i e l d sample plots.  Financial compensation under subsection 12(3) of the Mineral  Act i s completely inadequate.  Although sample plots may represent  - UO -  a considerable financial investment, the c r i t i c a l factor i s the time i t has taken to accumulate data on the growth behaviour of the trees and the essentially long-term nature of the exercise. A p a r a l l e l problem occurs with the grid lines which are often necessary i n modern mineral exploration work.  I t i s d i f f i c u l t to avoid  damaging these grid lines during harvesting operations, and so i t i s important that some attempt be made to co-ordinate exploration and forestry a c t i v i t i e s .  For example, i f an area under exploration i s  scheduled for logging within a month or two, i t may be advisable to delay setting up the grid lines u n t i l after logging has been completed, or  vice versa.  However, this would depend upon the length of the  exploration season. Where the Forest Service i s aware of conflicts with mineral claims, i t inserts a special proviso into tenures issued under the Forest Act (Ul). Thus, the forest tenure would be suspended i f there was any damage to exploration work on mineral claims.  In some  instances, the forest operator may be required to deposit a cash bond with the D i s t r i c t Forester.  Where the Forest Service i s informed of  any damage, the forest operator i s advised to repair the damages immediately. However, because of the d i f f i c u l t y i n recognizing both sample plots and grid l i n e s , the only real solution to these problems l i e s in consultation to ensure that a l l relevant information i s obtained and i n co-operatinn during the planning of a l l operations.  -  U.2.U  Ul  -  Fire Hazard  During periods of high f i r e hazard, the Forest Service must know who i s i n the forest.  Not only i s this i n the interests of the free  miner himself - slashhurns have been known to spread beyond t h e i r intended l i m i t s , and forewarning or evacuation can be carried out only i f the Forest Service knows where people are - but the Forest Service must know of a l l potential sources of f i r e . Miners have been complaining about subsection 122(l) of the Forest Act, which deals with forest closures, because prospecting i s grouped along with t r a v e l l i n g , camping, f i s h i n g , hunting and recreation.  However,  i t would appear that this i s mainly a matter of pride. Most free miners f u l l y realize that, when the f i r e hazard rating reaches a certain l e v e l , everyone must leave. They merely wish to have a few days longer than these other groups of people (63). Perhaps , i n some situations, i t would be possible to evacuate the exploration crews at the same time as the logging crews are forced to leave the forest. In areas where severe climatic conditions l i m i t the exploration season, prolonged f i r e closures may prevent the implementation of exploration programmes.  The work requirement s t i l l stands, however,  and i f the free miner i s unable to carry out his exploration work, he would be required to pay the value of the work requirement.  If i t  can be proved that exploration work was intended, the work requirement should be waived.  The free miner should not be placed at such a d i s -  -  k2  -  advantage within the mining industry because of the necessity to protect other resources. Protestations about miners having spent a l i f e t i m e i n the bush and being responsible men are irrelevant; accidents are always possible.  In fact, however, exploration crews often act as very effective  f i r e spotters, especially i f equipped with helicopters, because mineral exploration covers such a large geographical area; there have been many instances where exploration crews have either extinguished or reported fires for which they were not responsible.  (63).  A potential source of conflict involves the j o i n t occupancy of land where mineral claims are superimposed upon Tree Farm Licences. Where the cause of f i r e s cannot be established, there i s a problem of establishing a mutually acceptable allocation of costs incurred i n f i r e fighting (74). As was mentioned e a r l i e r , the Tree Farm Licencee has no control over where the free miner wishes to operate, and one forest company considered that i t was unfair that, when the free miner i s actually occupying the land, i t had to bear the r e s p o n s i b i l i t y for that free miner merely because the mineral claim l i e s within the boundaries of i t s management unit (7-+). However, where the cause of a f i r e cannot be established, i t would be d i f f i c u l t to j u s t i f y any suggestion that the free miner should be required to meet any part of the costs incurred i n f i r e f i g h t i n g . The free miner does not gain by fighting the f i r e ; i t i s the long-term interests of the forest company that are being protected.  - 1»3 -  h.2.5  Grazing  As previously mentioned, mineral exploration may destroy valuable pastures and create conditions which are hazardous to c a t t l e . I f the rancher i s n o t i f i e d p r i o r to the commencment of work, much of the impact may be reduced-.  For example, i f he knows that a p a r t i c u l a r  area i s going to be worked, he can move his cattle to safety. I f the work i s going to destroy a hayfield, he can salvage the hay before i t i s buried by a bulldozer.  The rancher also wants to know of any  exploration a c t i v i t y so that he can arrange for security and compensatinn for damage caused by the free miner.  This matter w i l l be discussed  in section k.k.  k.3  Consultation and co-operation  As has been implied i n the preceding section, much of the impact of mineral exploration may be reduced by consultation and co-operation with other resource managers. At present, many free miners w i l l consult and co-operate with the various resource managers involved, and there appears to be l i t t l e problem with most of the larger exploration companies and those who are i n the mining business to stay ( 6 5 , 6 7 ) .  The trouble comes with  the "fly-by-night" types, an expression which cropped up many times i n communication with the forest and grazing industries.  As the B r i t i s h  Columbia Beef Cattle Growers' Association has said, their proposed amendment "would not inconvenience good operators, for they already practise courtesy and notify the surface rights holder before digging up his land. I t would help immensely to bring those who are ignorant of the damage they may cause or to whom they may cause i t into contact with the surface rights holder i n time to avoid the unpleasant confrontations that usually occur. In many cases we have found that a mutually satisfactory arrangement can usually be worked out." (67)  One Tree Farm Licencee stated that i t i s r e l a t i v e l y simple to reach agreement, except for the time required to process i t through the necessary channels of authority (60).  In this regard, i t i s  worthwhile noting his comment that "the regulations are "cumbersome" i n some respects, but this i s mostly the measure of the prospector's or developer's unplanned a c t i v i t y and anxiety to act today and the time and paper consumed i n the applications to Mines Department, B.C. Forest Service and ourselves and the general lack of factual d e t a i l i n his presentations. Where we are the land "manager", there could be some simplicity i f such submissions were f i r s t submitted to us, since this would result i n a l l points being agreed upon and thus produce quicker o f f i c i a l reaction." (60)  k.k  Security and compensation  Under subsection 12(2) of the Mineral Act, the free miner may be required by the landowner to give adequate security for any loss or damage which may be caused by entry.  I f the free miner refuses to  - H5 -  give such security, he no longer has any right to any mining property on that land.  Thus while the landowner cannot prevent the free  miner from operating on his land, the security may be set at such a high l e v e l as to cause the free miner to abandon his exploration plans (see Section It.5.1). The amount of security i s determined by the Gold Commissioner or Mining Recorder. The B r i t i s h Columbia Beef Cattle Growers' Association has found that there may be a problem i n arranging a high enough value of security.  "Whether or not security i s satisfactory depends on  the Gold Commissioner (or Mining Recorder).  Too frequently he may  be (a) completely oriented toward the mining side and/or (b) unfamiliar with range/agricultural values." (6l).  As the Cattle Growers'  Association states, the amount of security depends very much upon the individual Gold Commissioner or Mining Recorder, and i t would appear that i n some instances adequate levels of security are set (5M. I f damage i s done, subsection 12(3) of the Mineral Act requires that the free miner s h a l l make f u l l compensation to the owner or occupant of the land.  I f there i s any dispute, such compensation w i l l be  determined by the Courts, even although the o r i g i n a l security may have been determined by the Gold Commissioner or Mining Recorder. I t i s interesting to note that whilst both owners and occupants of land can request compensation, only landowners can request security and that security against damages on Crown lands i s not covered by section 12 of the Mineral Act (7). The old Land Act (25), which was repealed i n  -  U6  -  1970, stated that "nothing herein contained s h a l l be construed so as to interfere p r e j u d i c i a l l y with the rights granted to free miners under the Mineral Act .. but the free miner, p r i o r to .. (searching for and working minerals) .. s h a l l give f u l l satisfaction or adequate security, to the satisfaction of the Gold Commissioner, to the pre-empter, lessee, licencee or tenant i n fee-simple for any loss or damage he may sustain by reason thereof ...V  However, Hanrahan (5M  found that the s a t i s -  faction of this provision had never been the common practice of the mining industry and i n fact spoke to individuals who had been unaware of i t s existence.  One could, perhaps, argue that only landowners and  not occupants should be allowed to request security because occupants are unlikely to have as much capital invested i n the land.  However,  the new Land Act (26) does not permit the complete alienation of land ownership u n t i l the conditions of the licence or lease to occupy that land have been f u l f i l l e d .  Thus, because a considerable amount of  time, effort and capital may be invested  during that i n i t i a l period,  i t may be desirable to allow the occupant to request security.  4.5  Other resource management impacts  In the preceding sections, mineral exploration was discussed i n relation to other natural resource interests which involve the sustained harvesting of a natural resource from a fixed land base, and i t was concluded that mineral exploration could co-exist with industries such as forestry and ranching.  I f a mine was developed, these industries  - hi -  could s t i l l exist outside of the immediate area required by the mining operation.  However, other forms of resource management may  require  additional safeguards to ensure t h e i r success.  U."S.l  Water resources  Any a c t i v i t y which increases sedimentation or damages watercourses w i l l have an impact upon water resources as discussed i n Chapter 3.  Erosion control measures should prevent much of the damage,  but a system of land-zoning may be required to protect susceptible areas which are of p a r t i c u l a r importance i n overall watershed management - for example, the watersheds of the Greater Vancouver Water Board. Hanrahan (5*0 cites one example where a real estate development company held a water licence for the use of springs i n the h i l l s above the s i t e where a sub-division was being developed and an exploration company wished to do some stripping i n the area of the springs. Because of the potential for damage to the springs and an estimated cost of $100,000 for providing an alternative source of water, the Gold Commissioner required a security bond of $100,000. The exploration company could not afford to put up such a bond, and i t s exploration programme was abandoned i n that area. One must speculate about what would have happened i f the exploration company had been able to put up the bond.  Could damage be tolerated  even i f the bond was forfeited? In some instances, the assessment of  - U8  -  security may not be as r e a l i s t i c as i n the example cited above. Etter (50) considers security bonds of doubtful value because bonding implies that the environment can be traded o f f against d o l l a r s . This view i s borne out by personal discussions with several people involved with the petroleum industry i n the north. One must also look beyond the exploration phase. Even i f the detrimental effects of exploration can be reduced to an acceptable l e v e l , the development and operation of a mine and i t s associated a c t i v i t i e s such as m i l l i n g and smelting may be unacceptable.  The  mining industry must know whether or not i t w i l l have the right to mine an orebody before i t makes a decision to invest i n exploration.  The  time to regulate i n d u s t r i a l a c t i v i t y i s before and not after private enterprise has spent millions of dollars i n mineral exploration.  Thus,  as already mentioned, protection of p a r t i c u l a r watersheds may necessi t a t e t h e i r withdrawal from mineral exploration.  h.5.2  Recreational, aesthetic and ecological resources  Mineral exploration has had a s i g n i f i c a n t effect upon the recreational resources of the Province.  Mining roads and t r a i l s have  opened up large areas of the Province for hunting, f i s h i n g , walking, climbing, picnicingj camping, nature study, etc.  Although this impact  i s often b e n e f i c i a l , i t may have serious ecological implications. For example, access may lead to intolerable pressures on f i s h and w i l d -  - h9 -  l i f e populations, and a large i n f l u x of hikers or pony trekkers to an alpine meadow may destroy that delicate ecosystem. Mineral exploration may result i n a loss of scenic values and a loss of amenity of lakes and streams from increased sedimentation, and the noise of heavy machinery and blasting operations may be a source of i r r i t a t i o n .  Some of these effects are of a temporary  nature, and some may be prevented by erosion control measures. However, although many types of recreation are not s i g n i f i c a n t l y harmed by the presence of mineral exploration, some forms of recreation are completely incompatible with any i n d u s t r i a l a c t i v i t y whatsoever. These forms of recreation can only be provided for by setting aside areas for their exclusive satisfaction.  These p a r t i c u l a r l y demanding  forms of recreation involve the enjoyment of a natural environment undisturbed by man.  I t may also be necessary to withdraw land from  mineral exploration to protect sites of outstanding natural beauty or h i s t o r i c a l importance and to protect ecological values, such as representative ecosystems or individual endangered species. Where there i s s u f f i c i e n t demand, areas may also be set aside and intensively managed for other recreational pursuits such as s k i i n g , camping, etc. Crown land may be withdrawn from prospecting under the Park Act (30) and the Ecological Reserves Act (21).  "Ecological Reserves include  some outstanding samples of areas where natural processes w i l l be allowed to proceed undisturbed" (68) and thus are completely withdrawn  - 50 -  from prospecting.  However, some of the larger parks were established  without much consideration of other resource interests, and so a two t i e r c l a s s i f i c a t i o n has evolved such that mining companies may be allowed to operate i n certain areas of Birkenhead Lake, Kokanee Lake, Muncho Lake, Stone Mountain, Strathcona, Tweedsmuir and Wells Gray Class "B" Provincial Parks.  No park-use permits for prospecting w i l l  be granted i n Class "A" Parks, i n parks of less than 5>000 acres or i n any nature conservancy area (lU). Under section 8 of the Park Act, prospecting i s permissable i n the Class "B" Parks l i s t e d above as long as i t i s not "detrimental to the recreational values of the park concerned'.' On this basis, government policy with respect to mineral exploration i s as follows: "(l)  Prospecting i n specified areas of a Class"B" Prov i n c i a l Park may be carried on under a l e t t e r of Authority from the Director, Parks Branch ..  (2)  The recording of mineral claims w i l l not be approved within (a) one h a l f mile of any lake 1 sq. mile or larger; (b) across or within 100 yards of any water course where the mean water flow exceeds 1000 c.f.s.; (c) where a lake i s considered to be of major importance to a park area, the r e s t r i c t i o n of one mile from the shore may be applied, and notice of such r e s t r i c t i o n w i l l be contained i n the l e t t e r authori z i n g prospecting.  (3)  Any claim recorded s h a l l , with proper restrictions as to park preservation and maintenance, be recognition of the right to mine the claim so recorded."  The mining industry i n B r i t i s h Columbia i s not against the alienation  - 51 -  of lands for parks  per se, but i t does object to the creation of  large wilderness and nature conservancy areas (HQ).  Because Ahrens  (2) recommends a minimum size of 100,000 acres for wilderness-type parks, there i s bound to be some c o n f l i c t of interests.  Again, one  must note that mineral exploration cannot be permitted where mining i t s e l f i s undesirable. With reference to the U.S.A., and these s e n t i ments are echoed i n B r i t i s h Columbia (H8), Herbert (55) stated that "our nation's i n d u s t r i a l c i v i l i z a t i o n may face a most serious threat to i t s continued existence through the loss of potential mineral depostis by closure of vast areas to mineral exploration and development. In spite of repeated warnings that we must increase the rate of discovery of the minerals we now use so lavishly i n industry, large areas of land continue to be classed as wilderness and to be withdrawn from use by more than the few who can afford and are w i l l i n g to penetrate the wilderness. A single purpose withdrawal of land may be as damaging to future generations as any of the thoughtless explorations of the past have been."  In the competition  of the market system, however, where the  object i s financial success, and i n government, where non-market objectives are of a prestigious nature, resources have become ends i n themselves (71).  I t should be remembered that natural resources  are only a means of procuring public welfare.  Idealistically,  a c t i v i t i e s such as mining are undertaken to f u l f i l l s o c i a l needs and purposes, and " i f raw material production and consumption are a n t i thetic to other societal values, the public must choose among them"(l). Certainly, a r i s i n g population and increasing i n d u s t r i a l i z a t i o n w i l l  - 52 -  affect Canada and B r i t i s h Columbia no less than they do the rest of the world, and the production of a l l kinds of resources must increase. However, these resources also include recreational, aesthetic and ecological resources, and with increasing pressures on land for development, the only means of ensuring that certain of these w i l l be available for posterity i s by land withdrawal.  Preservation plays  a significant role i n the provision of a f u l l range of outdoor recreation opportunities  (h6).  The Provincial Deputy Minister of Mines has expressed deep concern at "the apparent rush to alienate land i n perpetuity for other purposes before i t can be ascertained whether or not minerals capable of commercial development are located i n a given area" and submits that " i t i s equally important that we protect the right of future generations to mineral resource development from which they may be assured an opportunity to create an economy commensurate with t h e i r times." (6). This statement contains two basic f a l l a c i e s .  The  f i r s t i s that any minerals i n park areas could be l i m i t i n g to our survival - that, unless parks are mined, there w i l l be a shortage of minerals.  However, i f there were a shortage, the mining of parks would  only delay the necessity for recycling and substitution by a few years.  Is the loss of wilderness areas balanced by the delayed costs  of the inevitable? The second fallacy i s that mineral resources have been locked up i n perpetuity. Any minerals i n parks can be searched  - 53 -  for and mined whenever society so demands, whereas the wilderness value of the land could be lost forever i f any mineral exploration were permitted.  For this reason, should B r i t i s h Columbia not retain  the choice of wilderness or mineral development u n t i l that time when no alternative mineral sources exist and when a more r e a l i s t i c assessment can be made of the relative values of aesthetic satisfaction and material welfare? One of the Deputy Minister's points i s well made, however. The selection of areas for withdrawal as parks or ecological reserves should be a positive action i n overall land-use allocation considering a l l natural resources.  There i s a'need for such areas (U5), and  given that we are obliged to make decisions with imperfect knowledge, the land designated for withdrawal i s presumed to have i t s optimal use i n management for recreational, aesthetic and ecological values. Thus when areas are being considered for withdrawal, the Department of Mines should be given some time to make an assessment of t h e i r mineral potential.  Qualified geologists should assess the geology  of the area and relate i t to any known mineral occurrences i n surrounding areas.  Use might also be made of geophysical and geochemical  techniques that do not cause any disturbance of surface resources, but one cannot allow any more detailed examination, than this because the wilderness characteristics of the land would then be l o s t . Even i f the probability of finding economic mineral deposits i s  -  5k  -  r e l a t i v e l y high, the decision with respect to withdrawal must also be based on the a v a i l a b i l i t y of alternative sites for withdrawal and their mineral potential.  The consideration of individual situations  i n i s o l a t i o n and without reference to an overall plan for land-use allocation may i n the f i n a l analysis, produce a result which i s s o c i a l l y unacceptable.  For example, i f an area contained an  ecosystem  which was the only one of i t s kind i n B r i i t s h Columbia, then i t s value would be increased relative to an unproven mineral value. I t should be noted that parks should not be created merely to control i n d u s t r i a l a c t i v i t y .  One of the main dangers of the park  philosophy, which appeared during the controversy about mining i n Strathcona Park, i s that "inherent i n the concept that there are many things forbidden i n a park, i s t a c i t admission that they are not forbidden elsewhere" (62).  As the B r i t i s h Columbia W i l d l i f e Fed-  eration has said: "We do not believe that the establishment of parks to prevent other resource a c t i v i t y i s the answer. A park should be set up for positive reasons - not as an admission that we cannot safeguard aesthetic, environmental and recreational values." (39).  CHAPTER 5  GOVERNMENT REGULATION  5.1  Licences to cut timber  The requirement of the Forest Act that free miners must apply for a "Licence to cut" has met with considerable opposition  (33).  There have been many examples of excessive delays i n issuing "Licences to cut" (36),  one company reporting that i t had to wait four months  whereas a stumpage b i l l appeared well within a month of the timber being cut.  Time i s of v i t a l importance to the free miner because  of the short exploration season.  Assessment work must be carried out  during that time, and option agreements almost always include time clauses requiring additional work commitments and/or option payments (33).  Because mineral exploration i s carried out i n stages, with  each step dependent upon the previous one, programmes cannot be planned in d e t a i l several months i n advance.  Thus, many miners have been  forced to proceed with t h e i r exploration programmes without a "Licence to cut"  (36).  There i s also a general resentment by the mining industry of control by the Forest Service, and the B r i t i s h Columbia and Yukon Chamber  -  56  -  of Mines "feels the need for a single government agency to deal with prospecting and exploration matters, namely the Department of Mines" (33).  Apart from the general apprehension of losing his rights under  the Mineral Act, the free miner regards the "Licence to cut" as implying an interest i n the logging industry, of which he wants no part. I t is recognized that the Forest Service i s e n t i t l e d to know of a l l operations which may affect the forest resource, but the mining industry considers that a copy of the "Notice of opening" should be s u f f i c i e n t (36).  Certainly, i f there i s to be no charge for timber cut during  mineral exploration (see section 3.U), the"Notice of opening" should suffice under present conditions provided that i t gives s u f f i c i e n t information about the location, nature and extent of the operation and that the Forest Ranger has sufficient time to ensure that the impact of the operation w i l l not be s i g n i f i c a n t .  This point leads on to  the matter of land-use regulation i n general.  5.2  Land-use regulation  Undoubtedly, there w i l l be occasions when mineral exploration programmes w i l l have an undesirable and significant impact upon some other resource management a c t i v i t y .  These other resource users have  every right to protect their resource base, and there must be some mechanism whereby any undesirable effects may be minimized or eliminated.  One approach i s to issue land-use permits. The free miner would plan his exploration programme and then submit  - 57 -  a permit application outlining, i n very general terms, what the exploration a c t i v i t y would involve with respect to surface resources. Copies of the application would be sent to l o c a l o f f i c i a l s of other government departments, which would then be given the opportunity to make any recommendations about special requirements to be appended to the permit.  Evidence should be submitted along with the application  to show that any surface owners or occupants had been consulted.  This  would ensure that the landholder would have the opportunity to make representations to the reviewing body.  In order that exploration .  work would not be delayed unduly, permit application would have to be considered within a maximum period of t h i r t y days. Otherwise, the free miner would be permitted to proceed with his exploration programme on the assumption that his application had been approved. From a t o t a l resource viewpoint, this approach to protecting the interests of surface owners or occupants i s probably more s a t i s factory than that provided under the Yukon Minerals B i l l (h2) which i s now under consideration. Under such l e g i s l a t i o n , the miner would not be permitted to enter upon granted or leased land without the consent of the landholder.  I f the miner were not s a t i s f i e d with any conditions  set by the landholder, the Mining Recorder would attempt to reconcile the two parties.  I f he were unable to do so within t h i r t y days, he  would notify the Supervising Mining Recorder, who, i f also unsuccessful, would notify the two parties to proceed to arbitration.  This approach  - 58 -  i s unnecessarily complicated and might result i n excessive delays from the mining point of view.  Even i f the landholder has no right  to refuse entry to a free miner i n B r i t i s h Columbia, his interests could be given adequate consideration when land-use permit applications were being reviewed. The point of such a permit system i s not to r e s t r i c t the a c t i v i t i e s of the mining industry per se, but to prevent any c o n f l i c t of interests before any damage i s done.  I t would ensure that the free miner was  aware of a l l relevant statutes and regulations and that the concept of multiple-use was given a f a i r hearing.  Exploration plans need not  account for every shovelful of earth which would be disturbed or every tree that would be f e l l e d , but should indicate the type of work - road building, trenching, d r i l l i n g , blasting, etc. - and the location of these operations so that other resource interests would be able to assess the potential impact and recommend safeguards, such as slash disposal, or require ameliorative treatments such as the b a c k f i l l i n g and reseeding of damaged rangeland. As mentioned i n section 2.3, there i s a large number of "grassroots" prospectors operating throughout the Province.  In the main,  the a c t i v i t i e s of these prospectors does not have a significant impact upon natural resources, and i n addition to the astronomical increase in red-tape and paper-work, there would probably be no great advantage i n applying a land-use permit system to t h e i r operations. The land-use regulations for the Yukon and Northwest Territories which  - 59 -  came into effect i n November, 1971» (43), provide a useful example of how a land-use permit system can be restricted to those operations which are l i k e l y to have a significant impact upon surface resources. In these regulations, a"land-use operation" i s defined as "any work or a c t i v i t y on t e r r i t o r i a l lands that involves one or more of the following: (a)  the use of more than 50 pounds of explosives i n any one day or more than 300 pounds of explosives i n any 30 day period;  (b)  The use, except on a public road or t r a i l , of any veh i c l e that exceeds 20,000 pounds net vehicle weight or the use of any vehicle of any weight that exerts pressures on the ground i n excess of 5 pounds per square inch;  (c)  the use of any self-propelled, power-driven machine for moving earth or clearing land;  (d)  the use of any stationery power driven machine for hydraulic prospecting, moving earth or clearing land;  (e)  the use of any power driven machinery for earth d r i l l i n g purposes, the operating weight of which exceeds 5,000 pounds, excluding the weight of d r i l l rods or stems, b i t s , pumps and other ancillary equipment;  (f)  the establishment of any campsite that i s to be used in excess of 300 man-days;  (g)  the l e v e l l i n g , grading, clearing or cutting of any l i n e , t r a i l or right-of-way exceeding five feet i n width."  Thus, the early stages of mineral exploration may be effectively excluded from the requirement to obtain a land-use permit. VThen considering who should be responsible for reviewing permit  - 60  -  applications, i t may be possible to satisfy the mining industry's desire to deal with only one government department.  I t should be  acceptable for permit applications to be submitted to the D i s t r i c t Inspector of Mines as i s currently done with the "Notice of opening." The mining inspectorate i s reputedly understaffed even with regard to i t s present commitments, but the introduction of a land-use permit system would require an increase i n s t a f f i n g whichever department was responsible. Whether a land-use permit system i s adopted or not, some consideration should be given to the co-ordination of l o c a l head offices and administrative boundaries i n order to f a c i l i t a t e the co-operation of each government agency and to provide a centralized source of information for both government and industry. This section, and indeed the whole study, has been developed on the basis of the present system of mineral tenures, and discussion of current problems has assumed the need to provide solutions which can be superimposed upon that system.  I t should be noted, however,  that there exist other forms of mineral tenure which may be capable of providing an answer to some of the problems encountered i n natural resource planning and administration i n B r i t i s h Columbia. These provide for the negotiation of mineral rights i n the form of exploration concessions between the government and individual companies. The exploration concession t y p i c a l l y covers a large area which must be  -61-  explored over a limited period of time (49).  At predetermined times,  the concessionaire i s required to surrender part of the o r i g i n a l area so that his search becomes concentrated as time goes on.  When appli-  cations are being made for such concessions, the applicant must demonstrate that he has both the technical and financial resources to carry out an exploration programme which i s satisfactory to the government. Because each concession i s negotiated separately, the government has the opportunity to attach any "reasonable"  conditions  to the agreement and can do so with a much greater degree of f l e x i b i l i t y than i s possible with mineral claim staking, which by i t s very nature, requires a s t r i c t l e g a l code. The trend towards larger mining companies and the development of highly specialized exploration companies may f a c i l i t a t e the introduction of concessions as a form of mineral tenure i n B r i t i s h Columbia sometime i n the future, but with the large number of individual prospectors s t i l l operating i n the Province, any attempt to do so would be b i t t e r l y opposed - hence:..the assumption that any proposed solution to current problems must be based upon the status quo.  5.3  Government structure  The problem of single resource orientation i n both the l e g i s l a t i o n and government structure has been pointed out by Jeffrey (57) and Pearse (66).  " I t i n h i b i t s development of i n t e r - d i s c i p l i n a r y  -  62  -  functionally-oriented resource management teams" which are necessary for integrated resource management (57) > and may lead to open conf l i c t i n l e g i s l a t i o n , such as the contradiction of provisions i n the Forest Act and Mineral Act discussed i n Section 3 . 4 . The present division of authority prevents a comprehensive approach towards resource management because each agency i s concerned with i t s p o l i t i c a l influence relative to other agencies ( 4 7 ) , each jealously guarding i t s own position.  For example, the Deputy  Minister of Mines has said that "the p r i n c i p a l responsibility of the Department of Mines and Petroleum Resources i s to regulate the mineral i n dustry i n a manner, the results of which w i l l serve the best interests of a l l the citizens of the Province. Within this purview, our obligation i s to protect the industry from unwarranted invasion upon i t s a b i l i t y to operate successfully i n the public interest. I t i s i n the interpretation of this area of responsibility that c o n f l i c t i n g opinions sometimes arise as between industry and industry, and, i n the context of the public service, as between levels of government and between departments of government." ( 6 )  To achieve some measure of overall co-ordination, a Land Use Committee was established under the authority of the Land Act i n 1 ° 6 9 to represent the resource use departments of the Provincial government ( 7 5 ) .  Now the Environment and Land Use Committee, operating  under the Act of that name ( 2 2 ) , i t includes the Ministers of the Departments of Agriculture, Health, Mines and Petroleum Resources, Municipal Affairs and Recreation and Conservation, with the Minister  - 63 -  of Lands, Forests and Water Resources as chairman (Ul).  There also  exist various technical subcommittees whose members are drawn from lower levels of government and from outside of the government ( U l ) . "Essentially, this was the strongest single policy-making group i n the Provincial government structure, and b a s i c a l l y , i t s existence required and ensured that no unilateral decisions should be made by any individual department represented on the committee where such a decision affected the affairs of any other of the member departments" ( 7 5 ) . At one time, the idea of establishing a Department of Environmental Affairs was considered, but W i l l i s t o n , the Minister of Lands, Forests and Water Resources, has said that "this was discarded i n favour of the committee approach we now have i n the b e l i e f that a committee structure enables involvement with the t o t a l administration of any single resource, or a l l resources, at a l l times allowing effective and constantly improving management i n harmony with environmental requirements. At a l l costs, we decided that the wise course was to avoid the creation of yet another departmental structure which would provide yet another avenue for unilateral decisions concerning the solution of environmental problems." (75)  W i l l i s t o n s comments i n the above paragraph were directed towards 1  the environment, but the committee approach i s also advisable for land-use and resource matters i n general.  Super-departments have  been advocated for some time i n North America, and "Mister Z" put forward the case for a federal department of natural resources i n  - 64 -  the U.S.A. (76). Because Jeffrey (57) expressed some doubts about the long-term adequacy of the committee approach, some discussion of B r i t i s h Columbia's Environment and Land Use Committee i s relevant. Mister Z's main objection to committees and the use of consensus i n the U.S.A. was that they result i n divided responsibility and f a i l u r e to face up to the need to center authority: "Lacking any central authority short of the President, the member Bureau and Department representatives on these permissive committees are unable to resolve basic conflicts of interest. Line-operating authority disputes cannot be reconciled by discussion .. This proposition holds even when the co-ordinating committee i s composed of cabinet l e v e l o f f i c i a l s . Even here, integration requires pres i d e n t i a l directives for each and every issue which arises .. At present, only i f the President himself operates as his own Secretary of Natural Resources (to the near exclusion of many other important matters) can the problem of divided authority be resolved." (76)  Objections on the grounds that the ultimate authority i n a committee system i s , of necessity, pre-occupied with other matters are, perhaps, not as relevant i n B r i i t s h Columbia.  The Premier of  the Province need not concern himself with matters of defence or foreign p o l i c y , for example. On the other hand, natural resources are of major concern i n B r i t i s h Columbia. It should also be noted that the amalgamation of a l l resource departments into one super-department would merely internalize the sources of c o n f l i c t and remove them from the public eye.  Although there  would be some rationalization of agencies managing the same resource,  -  65  -  and indeed, this would be a significant improvement over the present situation i n the U.S.A., Mister Z's super-department i s s t i l l organized into resource-oriented bureaux, each of which would continue to be involved i n j u r i s d i c t i o n a l disputes and i n struggles to improve or maintain their p o l i t i c a l influence relative to the other bureaux (1*7). Apart from that r a t i o n a l i z a t i o n , the only significant change suggested i n Mister Z's proposals was that the ultimate authority would be placed i n the hands of a Secretary of Natural Resources j rather than i n those of the President.  The equivalent move i n  B r i t i s h Columbia would be to have only one cabinet minister i n charge of a l l natural resources with the result that inter-resource d i s putes would not appear within the cabinet, whose members are d i r e c t l y responsible to the people rather than to their own particular bureaux (1*7), and, with the public's growing concern for information about natural resource policy and administration (5)» this factor i s of major importance.  There would also be an undesirable concentration  of government power and responsibility i n one Ministry, possibly to the detriment of other government functions. Thus, the committee approach to the co-ordination of resource management would appear to be most appropriate for B r i t i s h Columbia at present.  - 66 -  CHAPTER 6  CONCLUSIONS AND RECOMMENDATIONS  As was pointed out i n Chapter 1, mineral exploration cannot be incorporated into the integrated resource management approach which involves "the application of management strategies to achieve the maximum output from the optimized use of natural resources of a specific area for the benefit of a referent-group and i t s successors" (57).  However, because mineral exploration can co-exist with a number  of other resource uses, i t may be superimposed upon an integrated resource management system.  What i s necessary i s that the rights and  responsibilities of a l l individuals be clearly defined on the basis of sound land-use principles and that there i s a free flow of upto-date information about a l l operations i n any area.  In this respect,  the government should direct i t s e l f to the following problems, which were discussed i n Chapters 3, 4, and 5'  (a)  n o t i f i c a t i o n of exploration a c t i v i t y - Because of the lack of up-to-date information about mineral claims, consideration should be given to requiring that the free miner consult with the owner and/or occupant of the land surface before commencing, and prefereably before detailed planning of any exploration work. Many potential sources of c o n f l i c t can be resolved by consultation.  - 67 -  (b)  government regulation - To ensure that the concept of multiple-use i s considered -whenever decisions regarding one resource affect other resource interests, consideration should be given to the development of a system of land-use permits. The d e s i r a b i l i t y of co-ordinating l o c a l government offices and administrative boundaries should be investigated.  (c) assessment of timber values - The policy of charging free miners for timber which cannot or w i l l not be used should be reappraised. The allocation of any charges among the various sectors of the mining industry should also be given careful consideration(d)  security against damages - Because surface occupants may have made considerable investments i n the land they hold under lease or licence, consideration should be given to permitting surface occupants to request security against damages caused by mineral exploration. Consideration should also be given to developing some method of ensuring that adequate levels of security w i l l be determined.  The government should devise a system of surveillance and communication and feedback mechanisms to prevent or resolve any potential or actual conflicts which- may occur.  As Smith (71) has said, i t i s to the  p o l i t i c a l and legal aspects of integrated resource management that the greatest amount of research must be directed. Both industry and government have already taken steps to improve communications and reduce tensions. Between A p r i l 1970 and January 1971»  five meetings were organized by the Chief Inspector of Mines  to discuss problems of the mining industry on the use of timber and forest lands (Ul). This committee included members representing mining and forestry from both government and industry. The meetings did not reach agreement on a l l issues, but did result i n a greater understanding of each other's problems, and i t was f e l t that these  - 68  -  meetings would result i n fewer problems a r i s i n g i n future.(Ul). The Council of Forest Industries and the Chamber of Mines now co-operate quite w e l l on any problems which arise and have resolved several problem situations before they had a chance to become serious  (65).  The I n t e r i o r Resource Users Association, which includes the mining, forest and grazing industries, was o r i g i n a l l y formed to counteract the recreation and preservation lobbies, but now provides a very useful avenue for communication ( 6 l ) .  This i s very important because  attempts must be made to reach solutions as quickly as possible before attitudes become hardened. Not only must a l l resource users be aware of each other's problems, but the mining industry must be brought into discussions on resource policy and planning.  The following statement refers  only to geologists, but i t i s equally applicable to others involved i n mining: "The success of the conservation movement i n the future w i l l depend upon how e f f e c t i v e l y the various segments of the movement can be pulled together into a comprehensive natural-resource ethic. Although some of the most famous of early conservationists were geologists — men l i k e John Wesley Powell, John Muir, CR. Van Hise, and C.K.Leith — geologists are conspicuous by t h e i r absence from today's natural-resource planning groups .. which seem to be controlled largely by representatives of forest and range, recreation, water and w i l d l i f e interests .. Perhaps geologists are regarded i n government c i r c l e s as champions of the mineral industry rather than as conservationists. They are both and should behave as such; the two are not mutually exclusive. The counsel of geologists i s essential i n the development of a comprehansive natural-resource ethic." (51)  - 69 -  I t i s only through a mutual awareness of each other's problems and objectives that common ground can be found to settle operational problems and yet achieve the objectives which, i n the long-term, w i l l benefit the people of B r i t i s h Columbia.  -  1.  Abelson, P. H. Conservation and the mineral industry. 173 (3991): 9, 1971.  2.  TO -  Science  Ahrens, R. H. C r i t e r i a for selection of provincial park lands. Paper prepared for the Second Federal-Provincial Parks Conference, Ottawa, 1963 Department of Recreation and Conservation, V i c t o r i a , B. C. (Mimeographed).  3. ' Alexander, F. A., Executive Assistant, Mining Association of B r i t i s h Columbia, pers. comm., September, 1971. 4.  Anfield, S. D. Conflicting surface rights i n B r i t i s h Columbia. Canadian Bar Journal 6: 304-325, 1963.  5.  Bakewell, D. R. Maximizing our resources i n resource management. Forestry Chronicle 47(3): 154-158, 1971.  6.  Blakey, K. B., Deputy Minister of Mines and Petroleum Resources, B. C. Notes regarding the mineral industry for an address to the Regional D i s t r i c t Representatives, A p r i l 16, 1971. Department of Mines and Petroleum Resources, B. C. (Mimeographed)  7.  Bowles, E. J . , Deputy Chief Gold Commissioner, B. C. pers. comm., September, 1971-  8.  B r i t i s h Columbia, Department of Lands, Forests and Water Resources Ecological Reserves. V i c t o r i a , B. C , 1971.  9.  B r i t i s h Columbia, Department of Mines and Petroleum Resources. Annual Report of the Minister of Mines and Petroleum Resources for the year 1969. V i c t o r i a , B. C.,1970.  10.  B r i t i s h Columbia, Department of Mines and Petroleum Resources. Directive: exploration of coal properties and section 8 , Coal Mines Regulation Act, May 1 2 t h , 1971.  11.  B r i t i s h Columbia, Department of Mines and Petroleum Resources. Mining exploration and cooperative resource use.  12.  B r i t i s h Columbia, Department of Mines and Petroleum Resources^ Notice of opening of a mine or quarry, or of work on a mineral property.  13.  B r i t i s h Columbia, Department of Mines and Petroleum Resources. Notice to a l l free miners and a l l persons engaged i n Mining exploration - forest damage abatement.  14.  B r i t i s h Columbia, Department of Recreation and Conservation. Prospecting and mining i n Provincial Parks.  -7115-  B r i t i s h Columbia, Forest Service. Report to the Select Standing Committee on Forestry and F i s h e r i e s of the L e g i s l a t i v e Assembly, B.C., regarding the e f f e c t of mining exploration on the forest resource, January 30th, 1968.  16.  B r i t i s h Columbia, Forest Service. Letter to mining operators r e garding hazard abatement measures and assessment of forest values.  IT-  B r i t i s h Columbia, Forest Service. Hazard abatement and assessment of timber values on mining operations, May 23rd, 1967.  18.. B r i t i s h Columbia, L e g i s l a t i v e Assembly. Monday, March 31st, 1969. 19.  B r i t i s h Columbia, Statutes.  Votes and Proceedings,  Coal Act, Chapter  60, i960.  21.  Coal Mines Regulation Act, Chapter 3, 1969-  21.  E c o l o g i c a l Reserves Act, Chapter 16, 1971-  22.  Environment and Land Use Act, Chapter 17, 1971.  23.  Forest Act, Chapter 153,  2k.  Indian Reserves and Mineral Resources Act, Chapter 187, I960  25.  Land Act, Chapter  26.  Land Act, Chapter 17,  27.  Mineral Act, Chapter 2hh,  28.  Mineral Act Amendment Act, Chapter 53, 1959.  29.  Mines Regulation Act, Chapter 25, 1967-  30.  Park Act, Chapter 31, 1965.  31.  Petroleum and Natural Gas Act, Chapter 33,  32.  Placer-mining Act, Chapter  33.  34.  i960.  206, i960.  (Repealed)  1970  i960  1965•  285, i960.  B r i t i s h Columbia and Yukon Chamber of Mines. B r i e f on the problem of mining exploration i n forested areas of B r i t i s h Columbia to the P r o v i n c i a l Cabinet, B. C , January, 1968. Submission r e l a t i n g to the White Paper on tax reform to a meeting of the House of Commons Committee on Finance, Trade and Economic A f f a i r s , V i c t o r i a , B. C , July 38th, 1970.  - 72 35-  Deficiencies i n the mineral claims administration in B r i t i s h Columbia. A b r i e f presented to the P r o v i n c i a l Cabinet B.C., December 9th, 1970.  36. 37«  F i l e s on mining and f o r e s t r y . B r i t i s h Columbia Beef Cattle Growers' Association. Presentation to the Select Standing Committee on Forestry and F i s h e r i e s of the L e g i s l a t i v e Assembly, B.C., February, 28th, 1967.  38.  Market Report and Newsletter, June  1971-  39'  B r i t i s h Columbia W i l d l i f e Federation. Submission to the Select Standing Committee on Mining and Railways of the L e g i s l a t i v e Assembly, B.C., March 25, 1969.  40.  Brock, S.M. and Brooks, D.B. The Myles Job Mines - a study of benefits and costs of surface mining f o r coal i n Northern West V i r g i n i a , O f f i c e of Research and Development, West V i r g i n i a U n i v e r s i t y , 1968.  Ul.  Cameron, I.T., Assistant Chief F o r e s t e r , B.C. December, 1971.  U2.  Canada, House of Commons. the Yukon T e r r i t o r y .  U3.  Canada, Regulations respecting land use operations i n the Yukon T e r r i t o r y and the Northwest T e r r i t o r i e s . Canada Gazette Part II 105 (22): 1908-1927, November 24, 1971.  UU.  Cordone, A.J. and K e l l y , D.W. The influences of inorganic sediment on the acquatic l i f e of streams. C a l i f o r n i a F i s h and Game 47:  pers. comm., October-  B i l l C-187: an Act respecting minerals i n  189-228, 1961.  U5.  Cowan, I.McT. Wilderness - concept, function and management. Horace M. Albright Conservation Lectureship, 1968. University of C a l i f o r n i a , School of Forestry and Conservation.  U6.  Dooling, P.J. Development of a f u l l range of outdoor recreation services and opportunities i n Western Canada. A paper presented at the Forest Resources Research Conference, Science Council of Canada, June 23-2U, 1969.  U7. Downs, A. 48.  Inside Bureaucracy.  L i t t l e , Brown and Co., Boston, I967.  E l l i o t t , T. Mining exploration review - B r i t i s h Columbia and Yukon T e r r i t o r y , 1970-71. B r i t i s h Columbia and Yukon Chamber of Mines, Vancouver, B.C., 1971.  - 73 49-  E l y , N. Mineral t i t l e s and concessions, i n Economics of the mineral i n d u s t r i e s , ed. E.H. Robie. American I n s t i t u t e of Mining, Metallurg i c a l and Petroleum Engineers, Inc., New York, 1964: 81-130.  50.  E t t e r , H.M., Canadian Forest Service, Edmonton, Alberta, October, 1971.  51.  Flawn, P.T. Geology and the new conservation movement.  pers. comm.,  Science  151 (3709): 409-412, 1966. 52.  53.  •' Mineral Resources - geology, engineering, economics, p o l i t i c s , law. Rand McNally and Company, 1966. Hamilton, E.A.H. (R.P.F.) Talk delivered t o the mining and exploration group of the B r i t i s h Columbia and Yukon Chamber of Mines, November  2nd, 1967. 54.  Hanrahan, W.L. Surface use c o n f l i c t and the r i g h t s of the free miner. Faculty of law, University of B r i t i s h Columbia, 1970. (Mimeographed)  55-  Herbert, C F . A summary comparison of mining laws and o i l and gas laws and practices with recommendations f o r p o l i c y . (AlaskaNorthwest Canada economic a c t i v i t i e s , Part l ) . Federal F i e l d Committee for development planning i n Alaska, Anchorage, 1967.  56.  J a r v i s , W.R., Timber Department, Crown Zellerbach Canada Ltd., pers. comm., August 1971.  57-  J e f f r e y , W.W., Chairman. Towards integrated resource management. Report of the sub-committee on multiple use, National Committee on Forest Land. Department of Regional Economic Expansion, Ottawa,  1970.  58.  Lucas, A.R. Cases and materials on natural resources, chapter 4: Mining and minerals. U n i v e r s i t y of B r i t i s h Columbia, 1970.  59-  Lyon, J.N.  60.  McCrimmon, D.F. , Manager, Properties D i v i s i o n , MacMillan Bloedel Ltd. pers. comm., August, 1971-  61.  MacGregor, M., Assistant t o the Secretary, B r i t i s h Columbia Beef Cattle Growers' Association, pers. comm., September-October,  Security of mineral t i t l e i n B r i t i s h Columbia. U.B.C  Law Review 3(2): 38-58, 1968.  1971 • 62.  Massey, J . Have we obscured the b i g picture i n f i g h t i n g over our B.C. parks? Northwest Sportsman, March 1966:5-8.  - 74 63.  N e w e l l , J . , E x p l o r a t i o n g e o l o g i s t , Texas G u l f S u l p h u r Co. and Chairman, M i n i n g and F o r e s t r y Committee, B r i t i s h Columbia and Yukon Chamber o f M i n e s , p e r s . comm., September, 1971.  6k.  Northern Miner Press L t d .  65.  P a i n t e r , M., C o u n c i l o f F o r e s t I n d u s t r i e s o f B r i t i s h C o l u m b i a , comm., September, 1971-  66.  P e a r s e , P.H. N a t u r a l r e s o u r c e p o l i c i e s i n B r i t i s h C o l u m b i a : an economist's c r i t i q u e , i n E x p l o i t i n g o u r economic p o t e n t i a l : p u b l i c p o l i c y and t h e B r i t i s h Columbia economy, ed. R. S h e a r e r , H o l t , R i n e h a r t and W i n s t o n o f Canada, L t d . , 1968:45-57.  67.  P i l l i n g , R.D., S e c r e t a r y o f t h e B r i t i s h C o l u m b i a Beef C a t t l e Growers' A s s o c i a t i o n . L e t t e r t o F.G. H i g g s , A d m i n i s t r a t i v e A s s i s t a n t , B r i t i s h Columbia and Yukon Chamber o f M i n e s , October  Mining explained.  T o r o n t o , 1968. pers.  9th, 1970.  68.  Raudsepp, V. Some o b s e r v a t i o n s on w a t e r r e s o u r c e s management i n B r i t i s h C o l u m b i a . Water I n v e s t i g a t i o n s B r a n c h , Department o f L a n d s , F o r e s t s and Water R e s o u r c e s , B.C., 1967-  69.  R i c k s o n , D.E., Canadian F o r e s t P r o d u c t s , L t d ,  p e r s . comm., A u g u s t ,  1971. 70.  S l o a n , G. McG. R e p o r t o f t h e Commissioner r e l a t i n g t o t h e f o r e s t r e s o u r c e s o f B r i t i s h Columbia. P u b l i c I n q u i r i e s A c t , V i c t o r i a , B.C. , 1945.  71.  S m i t h , D.A. P h i l o s o p h i c a l f o u n d a t i o n s and c o n c e p t u a l bases o f a d m i n i s t r a t i v e p r o c e d u r e s o f m u l t i p l e u s e management o f n a t u r a l r e s o u r c e s . M.F. T h e s i s , F a c u l t y o f F o r e s t r y , U n i v e r s i t y o f B r i t i s h C o l u m b i a , 1970.  72.  T r a v e r s , O.R. I n t e g r a t e d r e s o u r c e management - t h e c h a l l e n g e o f t h e s e v e n t i e s . M.F. P a p e r , Oregon S t a t e U n i v e r s i t y , 1970.  73.  U n i t e d S t a t e s , P u b l i c Land Law Review Commission. One t h i r d o f t h e N a t i o n ' s l a n d . A r e p o r t t o t h e P r e s i d e n t and t o t h e C o n g r e s s . W a s h i n g t o n , D . C , 1970.  74.  V i v i a n , R.K., C h i e f F o r e s t e r , R a y o n i e r Canada (B.C.) L t d . comm., A u g u s t , 1971.  75.  W i l l i s t o n , R. B r i t i s h Columbia's a p p r o a c h t o problems i n r e s o u r c e use and e n v i r o n m e n t a l p r o t e c t i o n . A d d r e s s t o t h e A n n u a l Western M e e t i n g o f t h e Canadian I n s t i t u t e o f M i n i n g and M e t a l l u r g y , V a n c o u v e r , B.C., O c t o b e r 25, 1971.  76.  Z, M i s t e r . The case f o r a department o f n a t u r a l r e s o u r c e s . R e s o u r c e s J o u r n a l 1: 197-206, 1961.  pers.  Natural  APPENDIX  Please complete and forward one copy to the DistrictInspector o f Mines and one copy to District Forest Ranger. THE GOVERNMENT OF  ^  "  "  "  "  ~  ~  ~  ~  _  THE rwmci OF BRITISH COLUMBIA  DEPARTMENT OF MINES AND PETROLEUM  RESOURCES  Notice of Opening of a Mine or Quarry, or of Work on a Mineral Property (Pursuant to Section 10, Mines Regulation Act)  1. Name of property 2. Location of property 3. Owner's name and address  4. Operator's name and address  5. Estimated duration of specified exploration or mine development programme: From  , 19  , to  , 19  6. Approximate number of men to be employed 7. Give approximate details of any of the following work you propose to do: (a) Road construction (distance and width of clearing*)  —  (b) Line-cutting (distance, width, and method) (c) Total area of clearing other than above (d) Total area of: Trenching (square feet) Surface stripping (square feet)  — :  Test-pitting (square feet) * Include sketch of location where necessary.  8. Date Forest Service advised by operator  9. When work ceases on a mining property, the owner, agent, or manager shall, within one week of cessation, give notice to the District Inspector of Mines (section 10, Mines Regulation Act).  Signature Name (print) Position Date 20M-570-4552 (2)  May,  1970  NOTICE TO ALL FREE MINERS AND ALL PERSONS ENGAGED IN MINING EXPLORATION Forest Damage Abatement The Department of Forests has become seriously alarmed at the amount of unnecessary damage and waste of forest growth arising out of indiscrimination in the performance of mining exploration work. Included in its summary of areas where damage and waste are taking place are:— (1) Access roads. (2) Bulldozed geophysical grid lines. ( 3 ) Drilling-sites. (4) Trenching. (5) Mine-camp locations. The main items of concern are: (1) Slash is not disposed of, leaving very severe hazards from both fire and disease; (2) in many cases access roads are not properly located and much waste takes place where the bulldozer operator makes several attempts to get through; (3) timber is destroyed because little or no care is taken to avoid waste. Today's concept of forest growth and production is based on a perpetual-yield basis, and every effort must therefore be taken to minimize waste of standing timber as well as the destruction of surface capable of perpetual yield. It need not be construed that legitimate mining exploration work will be unnecessarily hampered by the need for sensible conservation of forest growth, but it is essential for all those in the mining exploration field to recognize that failure to co-operate in carrying out the requirements detailed herein will result in stringent official regulations to the probable detriment of the mining fraternity. Section 10 of the Mines Regulation Act requires that whenever persons are employed in the opening-up, development, or proving of any mineral deposit, the appropriate District Inspector of Mines shall be notified. The reverse side of this notice is for that purpose. The object is to establish where and what work is proposed so that the Inspector of Mines and the District Forester, in co-operation, can limit damage and waste. Section 10 referred to above will be enforced to the point of penalties being imposed for its non-observance. Section 115 of the Forest Act is quoted below for the benefit of those who may not be aware of the authority of the Forest Service to exercise control:—  115. (1) Where as the result of the carrying-on of any operation for the cutting or removal of trees or timber any slash, including in that expression any brush or debris, is occasioned or accumulated, the person carrying on the operation shall, on the demand of any officer authorized by the Minister, dispose of the slash by burning or otherwise to the satisfaction of the Minister. (2) Where any person fails or neglects to dispose of any slash at the time and in the manner required under this section, the Minister may dispose of the slash, in which case all expenses incurred therein are forthwith due and payable to the Crown from that person.  The form of notice of exploration work to be done (see reverse side) should be completed in triplicate and one copy forwarded to the Inspector of Mines for the district in which the property lies and one to the District Ranger.  Free miners have rights and privileges! Free miners also have responsibilities and liabilities!  The accepted principles of multiple resource use require that free miners respect the rights of other natural-resource users—loggers, cattlemen, recreationists, water-users, and many others.  NOTE.-The District Inspector and District Ranger should be notified every time work starts after any shutdown in addition to the original notification.  

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