Touching the Surface with Mining Issues
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The day my husband and I discovered that three mining claims had been staked encompassing our property and Green Lake, I had visions of devastating development first polluting, then destroying our pristine ecosystem. It did not seem possible that claim staking and mining could take place on private property within 60 miles of Ottawa, the capital of Canada.
Four years later, I am still spending my retirement learning about the system of mineral allocation and pushing for changes that will protect the environment and respect the rights of landowners. The Mining Act of Ontario legislates the system of free entry allowing right of entry where mineral rights are held by the Crown. This includes land where the surface rights are separated from the mineral rights and are privately owned. After extensive research and organizing more than a dozen neighbours to dispute the claims and prepare for hearings, the mining company abandoned several claims, including the claim on our property. Ten days later, the land was reopened to staking. It made sense to find out what was involved in staking claims.
By filling out a form and paying $25.50 CDN, I received a prospector’s licence. This licence gives the right to enter private property and stake an unlimited number of claims for five years. I learned how to search the claim maps website to find areas that are open to staking and how to stake mining claims. After a claim has been recorded, a prospector has the right to enter, occupy and use land to search for minerals. I have staked 6 claims in our area. Unless the required exploration work is completed, the land will again be open to staking by other prospectors.
The Mining Act does not require that notification be sent to landowners informing that a claim has been staked or recorded. Prospectors are required to send notice 24 hours prior to beginning exploration work. Depending on the prospector, the mail delivery and the landowner’s availability, notification may arrive after the work has commenced. Landowners cannot refuse entry or insist on consultation with regards to exploration work such as clear cutting, surface stripping, trenching, blasting and drilling. Landowners are entitled to compensation for damages to property such as stumpage rates for mature trees.
I have become an active member of Bedford Mining Alert, a group of citizens in South Frontenac who are concerned about the vulnerability of the region to mining. We have over 100 members and an ad hoc working group of 16 people. Our goal is to bring about reform to the Ontario Mining Act and other legislation so that property owners and local communities have a greater input into land use decisions and environmental protection issues. Our methods are educational: we do research, utilize the media, hold public meetings and lobby politicians.
I’ve just touched the surface around mining issues on private property and hope to contribute in the future. In the meantime, you may want to check out our website at www.bedfordminingalert.ca
As
an environmental activist, Marilyn thinks it is important to balance her
activities and to broaden her involvement so that she can contribute to the
regional community in a variety of ways. Marilyn works on projects with the
Frontenac Stewardship Council including a schoolyard transformation training
workshop and an alternative energy project for schools. She is the secretary
of the Frontenac Environmental Partnership, an organization with an
objective of sustaining and improving the landscape. She received the
Bedford volunteer of the year for her work in 2003.
