one MTERRACE — Expropriation,
“a8 Some observers point out, is
,a juasty business.
>. But governments have long
Sd “had the-right 10 seize land and
ces if: they judge: the
: ‘pllblic good. outweighs that of
individual or a company.
] andy When. this does happen,
ie fe oe vertiy tries © to

ation -Act takes effect.

.BY TOM WATERLAND

7 President

‘Mining Association of B.C.
The provincial government
claims" to have a mandate to

eS ‘have such‘a mandate, it must
‘extend to running roughshod
over the rights of citizens of the

, ‘ight to precipitate the
, ‘devastating economic effects that
Swill. confront many B.C. com-
smunities as it continues to, per-
“haps unwittingly, contribute to

You “say “that. your terms of
reference : ‘include ...balance the
public interest with the’ interests
sO the holders of resource inter-
Yéstsa." a

“- Separating. the people of British
i columbia. into. various "publics"

‘tween these groups is a very
divisive tactic;
«The: public of British Columbia

“Tights and it includes the many

5 thousands ‘of people who work in

and: depend on -the minerals in-

; idvsuy.:

Olt “includes ‘the Many com-
-munities ‘that -depend on our

us “TesqUICe. sectors and it includes

economiciactivity; wealth genera-
thon; anid ‘tax revenue provided:by
7 sthe® responsible: ‘development : ‘of |
“1 our mineral resources,

To: ‘set | the- “people of BC.
against ‘one another ‘as separate
__ publics is not. appropriate — even

“Minder: the guise. of: "preserving"

“wildemess ‘or environmental pro-

Frampling
on our rights

double'the amount of "park Jand" -
in: ‘British: Columbia, If in fact it -

: and, then. Promoting conflicts be- |

“includes the ‘holders’ of mineral

everyone who benefits from the

The issue of how much
should be paid to an individual
or a corporation is placed be-

. fore an impartial body and all
evidence is considered.

All of this is expected to ac-.

celerate given the NDP

government’s promise. to in- .

crease park land and in the
general move to - settle Jaad,
claims,

Both will involved the trans-

ic .
i]

tection,

"Ore deposits” are unique geo-
"logical phenomena that exist in
many types of geological settings.

; Finding them is akin to finding a
needle ina haystack, Responsible
development of these deposits
provides’ the best and most con-

_ centrated use of very small areas

of land thatis possible.

The "gencral public" benefi ts
more from ‘the production’ of
minerals from a mineral claim
than from any other possible use
ofthatland area,

And the use of the land area for
mining is 4 “temporary use: and
does not preclude the surrounding
area from other uses during mini-
ng-or the mined area’ from other
uses after the: mining: is com-
pleted. In fact, access provided by
mining activity. often makes the
area available to: many more of
"the public".

- The principle of responsible
multiple use is much more ap-
propriate than a "zoning" of large
areas for single use or non-use.

The land area of B.C., although
extensive, cannot provide all of-
the needs and wishes of all of the
people all of ‘the ‘time, Co-
existence is.a necessary fact of
life on es much of our land as
possible. ;

The thought of spending tax
payers dollars” for Tnineral rights
which 99.98

Auitt ot dead to ttindiut WAMESis
CTWGIESOE o talt tent sdb ot

‘Tt his always“been!a! "given" iy
that the right:to develop a com-

UNDERGROUND TREASURE. SNIP mine “underground shift boss Dick Lofstrom examines a
sample from the workings of the Iskut River operation. Mining companies are unhappy with new
plans by the provincial government to change the way expropriation of minerat claims takes place.

mercially viable mineral property
exists when mineral tenure is
granted — providing that it can
be. done in: an environmentally
responsible manner, |,

“Expropriation requirements should be rare

BY WESTMIN RESOURCES
’ There should be no reason to
“expropriate existing = mineral
. ‘tights and to engage in expensive
ta litigation and compensation ex-
7. _ercises..
s ‘Most mineral claims will not
: have’ viable. mines on them and
‘#the continuance of work on them
at no “charge to the public
‘plitse’~ that will most likely lead
‘ito: their abandonment or on rare
“occasions to a valuable discovery,
- can be done with minimal impact,
and-no long-term adverse impact
fo the surrounding environment.-

~ compensation for unnecessary €x-
‘-propriations.: The instances when
-sgctual expropriation would be re-

Tare.
g Mineral’ claims “are granted un-
r:the Mineral Tenure Act and
Sawith Tespect to the rights included
= ‘they | are more akin to real estate
: ‘holdings than they are to Tree
Fat Licenses or to other forms
of “monopoly type licences or
corimissions.

‘istered they are no longer public
“ fesourees, they are private rights

Furthermore it would be a.
aste of ‘taxpayers moriey to pay .

“quired ‘should be exceedingly -

As: ‘such;'-once.: these -mineral ,
aims: “have been staked and reg- ©

to explore, to develop and to
mine — provided they are kept in
good standing, with all fees and
taxes being paid and all. ap-
propriate regulations being fol-
_ lowed,

There are established
methods to determine fair
market value of a mineral
claim.

That this is the intention of the

Legislature is clear from the pro-
‘visions of the Mineral Tenure Act

that permit a claim-holder,:as’ of.

‘right, to convert its: claims’ to a
_ lease, which is unquestionably. an
interest-in land. Soya

If the. Crown wishes . to exe.

propriate mineral righis it is obli-
| gated to pay-fair market value
- compensation for them under the

Expropriation Act, ;
The fair market value {s not al-
‘ways easy to determine but it has
been done for decades or longer
and many accepted techniques
“have been developed for. valua-
tion,

‘Bach of these classes of meth-
ods. has strengths’ = and
weaknesses, . and their © ap-

per cent of the time ©

fer in some fashion of forest
tenure and of mineral claims.
That caused the provincial

~ government to bring in legisla-
tion temporarily freezing FIO- .

ceedings for compensation.”
It also annotinced the crea-
tion of: the: Resources. Com-

pensation: Commision to look —

at what it called “fairer, less
confrontational methods for
settling compensation.”*

“The absence of an estab-

lished and accepted basis for.

determining compensation ..,
has resulted in significant dif-
ferences of opinion as to what

constitutes a. suitable setile--
ment,” said: allomey- “general
Colin Gabelmann. in introduc.
ing the legislation.

“Mining: companies ‘disegres!” =

with the intent of the govern-

ment, saying the move is un-.
necessary and is an ‘enfringe- .

They say the changes are unnecessary and dangerous. -

Tarrace Standard, Wednesday, June 10, 1992 ~ Page AS

‘he miners fight back

ment upon their rights,

Below, you'll find the

opinions of Tom Waterland,
the ‘president: of the Mining

Association . of . B.C.,” and

Westmin ‘Resources which op-"
erates. the Premier gold 1 mine
os in Stewart. . a

“Both are excerpts waite to
Richard Schwindt,.
cheitwan ‘of. the © metus

Compensation ( Commission.

LETTER:

TO THE TERRACE STANDARD *

| Viiiance
needed ©

An open letter to directors: ;
Regional District: of Kitimat:
Stikine co
Dear Sirs: i

The decision to give Grenda
| Forest Products - approval in

wishes of many. in “the Ter-
‘yace/Lakelse Lake area be--
cause of the expected impact it
will have on: recreation: and
wildlife values.

There is near unanimous
public agreement that Lakelse
Lake and its surroundings is
the prime recreational resource .
in this area and that it'should
be protected against: any
degradation.

It seems that the rationale for.
pulting this resource at risk by
giving the project approval -in
principal is the faith that it will
have no significant impact. on
the environment. ~!.

Orenda may. now. apply. ‘for
permits to build and operate
the mill. The regional district

approve these permits.: This
may be the last chance-for the
district to, deny or. put ‘condi
tions on the project...

should receive the go-ahead is
if it can guarantee zero impact

not specify any: : restrictions
regarding. the: visibility: of the
mill or.its lighting. Nor does it
specify any noise restrictions. .”

The regional : district ‘should
therefore put): the » following
protection conditions’: “on
permits to. deal with: these. mat-
ters: -

1, No part: of the. mill n nor r the
glow of -its lighting: shall: be
visible by .a person standing | at
water level ‘anywhere: on. the
Lakelse Lake or River.: 3: -

2. the sounds of the inl shall,

af Stand)n
rere

River. .
- ‘The existence: of Orenda will
add pressure. for development:
of the “Lakelse ‘area.’ -
pies district will have to be:

propriateness is determined

primarily by the stage of develop- ©

ment of the property — whether
it is in production, whether it has
reserves, or whether it has: show-
ings, anomalies, favourable geal-
ogy, etc,

Expropriation compensation
boards, aided by the submissions
of counsel, have had no difficulty
in “determining which valuation
method, or combination of meth-
ods, should be applied in any par-
ticular instance,

Fifty or one hundred years ago,

- with a small population and large

land, mass, Canadians took the
view that our land and its natural

resources were virtually infinite |

and there was no difficulty in
carving out large tracts of land for

_ essentially single purpose ac-

tivities.
Hence _._ factories, mines,
smelters, logging .. operations,

cities and parks were all set up as
single purpose sites with no real

thought being given to those sites .

being. used for multiple purposes

or converted to other Purposes. at.
_ future dites, :

In. more ‘recent. years, with. in-

_ creasing population and growing

awareness of the finiteness of our

land and resources, land use con-

flicis have become commen as
the boundaries of these single
purpose aclivilies start to overlap.

Society is. being forced to grad-

"Society i is gradually being

forced to abandon. the:

luxury of expanding single

‘use land areas.

ually abandon the luxury of ex-
panding the number of single pur-
pose Jand use areas. and in. fact.

reducing or converting 1 them toa .

multiple land vse concept in order
to maintain both a high economic
standard as well’ as‘an enjoyment
‘of our natural environment, |. © -

This is particularly true for min-
ing: -because economic mineral
deposits are not only exceedingly

rare but also very difficult to find.

However, if one were so fortunate

-as to find ‘and successfully: devel-
,Op an economic mineral deposit,
‘it would generate more economic
‘benefits: per hectare.” than! any
-other activity. °

"Furthermore, 1 exvironmental
impact under today’s rigorous

stringent

New government policy awaste

‘governmental approval processes
is usually highly localized so that
it can coexist with other: resource -

“USECFS, :

The holder ofa minéral claitnit is -
guaranteed © tenure, , but. is ‘not .
guaranteed the right to mine if it.

_cannot comply with conditions
imposed to protect the venviron-

ment.’

In ‘the case of mining éxplora-
tion or proposed mining i ina park,
operaling. conditions
would have to be considered.’ If
the mining activities could not be
carried ‘out without threatening
some important park’ value, then
government must.weigh the.eco-
‘nomic: benefits. of - the mine :
against . possible environmental
” damages. .

This should: not be ry rig
mathematical. ‘exercise but rather
a balancing act involving tangible
and - intangible values and a con- ©
sideration of the-needs of the

entire spectrum of society.

- Any attempt ‘by. the Crown to
-expropriate  inineral dispostions
| without fair ‘aud open. compensa . :
Mon: or without due process of the |!
courts is a perversion of the sys- '
tem and an-attack on. all’ private ‘

property rights,

~ About
letters”

“The Terrace Standard

on all topics. All letters must
‘be signed and carry an ad-
dress. and. local telephone
number. Addresses or phone -
numbers won't be printed
with.the Jeter, but they are
necessary ‘for. confirmation :
“of: the. letter's. ‘authemicity -
"The.: "writer's, name will -be
published.’ “Requests: for
‘names to be withheld may be
granted in extraordinary cir-
cumstanices, ... “
|. Thank you letters. should:
be submitted to the “Card of
| Thanks’ section of the
; classifieds,

: Letters containing libelous
or objectionable matter. will-
be edited. or. returned. to: the:
writer. ‘AL eters are run on.
a’ space available basis, with
shorter. letters’: “likely. to be
Published soonest.”

principle has gone ‘against the

is one of the agencies that must §

The only. way this. project

on the Lakelse. recreation: are, |:
The approval in principle docs

not be audible to” a: person:

a .

The

welcomes letters to the editor |

_. The. 2. Star is for people’
iarang hol to. read, ;

“Some | ~ people. have
_ trouble with: money..

“They. spend more than

they earn. :

Or, they have lost their
- jobs.
~ There ¢ gavemmeit,
office thai cant help ae
It isin Burnaby. The

“phone... number _ is, 660-"

7 3p90.

In debt? |

The people . who “work: :

there give advice..."
They will ask you ques-

tions.

. But. your “information

_. Will be kept a a secret.

- centre.” “Te
“Consumer -
Credit and Debt.’ ”

Guide _ to

“wilt visit Quebec ;

“Visitors:

- These people are geili ng
‘offa platie. : Ok.
They are from Quebec.
They went
Hazeltons. -
The visit is pat of a
government program. -”
-people from. here.

the, -

ne