Mines Act
The Mines Act governs mining operations in BC. It applies to all mines during their
exploration, development, construction, production, closure, reclamation and
abandonment phases. The Chief Inspector
of Mines, designated by the Minister of Energy and Mines,
is the chief administrator.
The Act regulates mining activities through a system of
permits and inspections, as well as the more detailed provisions of the Health,
Safety and Reclamation Code (a set of mining, health and safety
standards developed by a committee under the authority of the Act). This page focuses on the provisions most
pertinent to watershed protection.
This page of the Guide relates to mineral exploration and
rules around siting (determining the appropriate location for) a mine. There is a second Guide page related to the operations of a mine and closing the mine.
Currently, certain kinds of mining activities may not be
commenced unless a mine owner has obtained an Exploration Activities and
Reclamation Permit. Mining activities
that require a permit include:
·
drilling, trenching and excavating using machinery
·
blasting
·
disturbance of ground by mechanical means
·
construction, modification, deactivation and
reclamation of an exploration access
·
site reclamation
In order to obtain an Exploration Activities and Reclamation
Permit, the Health, Safety and Reclamation Code requires mine owners to file a
completed Notice of Work and Reclamation, along with a detailed plan outlining:
·
the proposed program of work,
·
expected impacts and
·
a program for protection and reclamation,
all in accordance with the permit requirements and mining
standards elaborated upon in the Code.
The Chief Inspector has delegated his authority to issue these permits
to the district inspectors.
(Note: the government
is currently reviewing the Mines Act,
Code and Regulations with a view to moving away from a “review and permit”
system to a “results-based” system. It
is expected that this will mean that mine owners, rather than having to undergo
a formal permitting process, will simply have to give notice of their plan to
mine, and then carry out their plans in accordance with published
standards. Mine owners will be subject
to inspection and enforcement of standards by the government. Environmentalists have expressed concern
that such a system is based on punishment after the fact rather than
prevention, and that the current inspection system is inadequate to ensure that
the standards are being complied with.)
Siting a Mine
The Act requires mines to comply with the Health, Safety and
Reclamation Code (although an inspector may authorize a “variance” – granting
permission to depart from the Code).
The Code has a number of provisions related to the operations of mines
that are discussed in more detail on the Mine Operations
and Closure page of the Guide.
Part 11 of the Code deals with mineral exploration and the
siting of mines (and is known independently as the Mineral
Exploration (MX) Code). These
include:
·
Limits on the location of the operations relative to
streams, wetlands and lakes (the actual setback depends on whether the
operations are for drilling or exploration access and the size of the stream)
(section 11.5.1(3));
·
Requirements not to deposit wood or excavated soil in
or near streams or where it is likely to increase the likelihood of landslides
(ss. 11.5.1(5); 11.9.1)
·
Requirements to build drainage structures to ensure
that drainage systems are “fully functional”, install bridges, culverts and
other means to maintain water flow and prevent damage to fish habitat (ss.
11.5.1(7)-(9); 11.5.4; 11.6.2);
·
Restrictions around mining exploration and operations
in a community watershed (s. 11.5.2);
·
Requirements to minimize surface disturbance and
likelihood of sediment run-off from a site (s. 11.6.1);
The MX Code does not
apply to aggregate mining (sand and gravel).
Less stringent standards for aggregate mines are instead set out in Part
12 of the Health, Safety and Reclamation Code.
Note that local government may also pass soil removal and deposit bylaws
to regulate aggregate mining.
The Code requirements generally apply universally; however,
the Act does allow for exceptions. An
inspector may order a variance from the requirements of a regulation or code,
if the inspector determines the requirement is not necessary for health and
safety in an individual mine. All such
variances must be logged in a register and reviewed at least once every 5
years.
Related Guide pages:
·
Mining
·
Mines Act – Operations and
Reclamation
For more information about the Mines Act:
·
Text of the Mines Act
·
Link to Mines Regulations
·
Health,
Safety and Reclamation Code
·
Environmental
Mining Council of British Columbia website
