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Author Topic: Pole No. 2 Placer & General Proposals  (Read 3768 times)

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Pole No. 2 Placer & General Proposals
« on: December 09, 2009, 09:04:57 PM »
Pole No. 2


General and Placer Regulatory Proposals

Within Section 5, are suggested regulatory changes/additives which are felt worthy to apply to non-commercial placer operations  It is also felt this distinction should be divided into five clear and concise classifications, all of which, the entities must be the holder of a valid British Columbia Free Miners’ Certificate.

Preceding Section 5, Section 6, highlights on proposals felt to be general and across the board, between all levels of placer and mineral (hardrock) considerations. This Section is prepared in part, intended to be added to.  Your comments and suggestions welcomed.

Please keep in mind, these are only ‘suggestions’ and of design to aid.

Please place controversial comments on the  Board


Part VI – General Regulatory Proposals

Placer & Mineral - General

1/  All newly created placer tenures must receive at least the minimum requirement for work to be performed on the properties - NO payment in lieu of work for first year tenures.

2/  Placer tenures not to comprise more than five cells each.

3/  Renewal periods of Non-commercial placer tenures not to exceed a two year period.

4/  Unless extenuating circumstances can be shown which would justify otherwise, only one two-year tenure renewal permitted per each four tenures held, and only through the conduct of sufficient work being performed, and reports thereto, being filed.

5/  No person holding a FMC is permitted to stake a tenure for the recreational use of any other individual or group consideration.

6/  The number of times a Free Miner may move a tenure’s expiration date forward by payment in lieu of work (PIL), following the initial year of PIL dormancy, is limited to not more than one eight-month extension within the following three year period, whereas a Work Report must then be filed for such tenure within three months of the expiration of that PIL extension period.  No Report filing extensions to be permitted for those tenures receiving the PIL extension.  Where a Report has not been filed in accordance to that set down, herein, such tenure will then automatically become forfeited.

7/  To facilitate an easier management of the varied classifications which apply to a FMC, such may easily be achieved through a designation endorsement being affixed to one’s FMC at the time of acquisition and upon the renewal.

8/  Claim Jumping -
Any person being the holder of a FMC and engaging in a prospecting process or recovery of minerals from upon another individual’s registered tenure, without first having the written consent of that tenure holder, would be deemed to be a Claim Jumping, upon conviction of the individual’s first offense, he or she shall be subject to a fine of not less than $2,000.00.  Upon the individual’s second conviction anywhere within the province, and for each subsequent conviction thereafter, the individual or individuals shall then be subject to a fine of not less than $5,000.00 per offense.  Photographic imagery capturing such event, displaying un-refutable identification of the perpetrator, shall be deemed sufficient evidence at law, through which to attaint a conviction.




Part V - Placer Staking & Prospecting Regulatory Proposals


Level 1 –
(a) comprises all those, who prior to the time of implementation of these recommendations, currently holds a valid British Columbia Free Miners’ Certificate;
(b) comprises those who, following implementation of these recommendations, have held a Level 2 FMC for a period of one full year, and have automatically advanced to a Level 1 FMC;
(c) no staking restrictions apply to a Level 1 FMC holder, beyond that described in the Placer General Section, hereto associated, and, current Regulations as set down by MMEPR and/or as may apply to other governmental restrictions;
(d) all held tenures to receive work, and subject to work reports, according to current Regulations as set down by MMEPR;
(e) regardless whether a tenure is abandoned or automatically forfeits on or before the common anniversary expiration period, a work report is required to be filed for the time such tenure was held;
(f) a Level 1 FMC holder may solicit help with working a tenure or otherwise hire individuals to perform work thereon, during his or her absence or inability, due to health or other approved compassionate reasons;
(g) nothing bars a Level 1 FMC holder from selling any tenure held under his own FMC or that of another individual with whom he or she carries on joint prospecting operations;
(h) a Level 1 FMC holder may lease or otherwise option a placer tenure held by he or she, however, the minimal work requirement for the anniversary period must be performed accordingly or such tenure or tenures will then automatically forfeit.
(i) a Level 1 FMC holder may not stake a claim for the benefit or use of others;
(j) the Level 1 FMC holder must either be present on the tenure during all periods within which the work is being performed or have otherwise designated authority to a Supervisor, who is then required to be present during such work periods;


Level 2 –
(a) all persons having held a Level 3 FMC designation for a period exceeding one full year, automatically advance to a Level 2 FMC designation;
(b); a Level 2 FMC holder may stake or otherwise acquire up to two additional tenures beyond that of the two tenure allowance allotted for a Level 3 FMC holder, with each of the new tenures not comprising more than five cells each, whereas each of the newly created or acquired tenures, are situated no closer to one another than a distance of two full kilometres, measurable in a straight line;
(c) a Level 2 FMC holder is not entitled to file a renewal through a payment in lieu of work;
(d) as with all staking, a Level 2 FMC holder must perform work on the newly acquired tenures during the first year of title ownership, and file work reports accordingly, whether or not the tenure or tenures are held for a subsequent fiscal period;
(e) failure to file work reports according to Subsection “(c)” above, the FMC may then be suspended for a period of not more than two years;
(f) where a suspension is imposed according to Subsection “(d)” above, any tenures then held by the entity will automatically go to forfeit;
(g) a Level 2 FMC holder is not entitled to sell more than two placer tenures, until advancing to a Level 1 status;
(h) in such event one or more placer tenures are sold within the Level 2 fiscal period, the Level 2 FMC holder is then disqualified from staking or otherwise acquiring further tenures, until advancing to Level 1 status;
(i) a Level 2 FMC holder may not stake a claim for the benefit or use of others;
(j) the Level 2 FMC holder must be present on the tenure during all periods within which the work is being performed;



Level 3 –
(a) comprises all persons or individuals newly acquiring a FMC, following the implementation of these recommendations, and shall be required to remain at a Level 3 FMC designation for a period of not less than one full year;
(b) a Level 3 FMC holder is entitled to stake or otherwise acquire up to two tenures, comprised of not more than four cells each, both of which tenures may not lie closer to one another than a distance of two full kilometres, measurable in a straight line;
(c) a Level 3 FMC holder is not entitled to file a renewal through a payment in lieu of work;
(d) a Level 3 FMC holder must file a work report for each tenure held, whether or not the claim is abandoned or otherwise goes to forfeit;
(e) where a work report is not filed in accordance to Subsection “(d)” above, the individual’s FMC may then be suspended for a period not exceeding two full years;
(f) a Level 3 FMC holder may not stake a claim for the benefit or use of others, and the FMC holder must be present on the tenure during all periods within which the work is being performed;
(g) a Level 3 FMC holder is not entitled to sell a placer tenure;


Level 4 –
(a) comprises those Non-Resident entities who are, at the time of implementation of these recommendations, already in possession of a BC FMC, and, whom already hold title to four tenures or less, of which they themselves are working, or causing for such work to be to be performed on their behalf, by another person holding at least a valid Level 2 FMC status;
(b) following the implementation of these recommendations, any new Non-Resident acquiring a BC FMC will then automatically follow the same criteria and conditions as applies to that of a new Resident Level 3 FMC holder;


Level 5 –
(a) a Level 5 FMC holder is a FMC Level which will be phased out entirely;
(b) a Level 5 FMC holder is any individual or company or corporation, whether a Resident or Non-Resident entity, who/which stakes tenures specifically for sale;
(c) a Level 5 FMC holder, upon conclusive grounds that claims have been staked for purpose of selling same, and the required work has not been performed in accordance to Regulations, shall be barred from effecting such sales, and the violating party shall have the FMC suspended;
(d) a Level 5 FMC holder may not hold a BC tenure for purpose of an investment or stock promotion scheme, and violators thereof, shall have tenures forfeited and their FMC’s suspended;
(g) a Level 5 FMC holder possessing an excessive number of claims for which it cannot justifiably show work having been performed accordingly, and/or who cannot satisfy MMEPR that required work will be performed, in accordance to Regulation, all those tenures then remaining, and at the discretion of the Ministry, shall be forfeited.

Somebody said that it couldn't be done
But he with a chuckle replied
That maybe it couldn't but he wouldn't be one
Who'd say so until he had tried.