Government of New Brunswick

A Quarry Lease for the removal of a quarriable substance from a Crown quarry site is for commercial use and provides the lessee exclusive rights to operate a pit or a quarry on Crown land. As it is the department's mandate to protect and optimize the use and availability of aggregate resources in the best interest of the people of New Brunswick, in order to secure a quarry lease a company must be able to demonstrate, to the satisfaction of the Minister, the need for exclusive use (i.e. aggregate is required to meet a long term supply for asphalt or concrete construction aggregate usage, applicant has secured a large or long term aggregate supply contract, material meets specific construction specifications which are in limited supply or high demand which the applicant can demonstrate a unique or specific requirement or demand…etc.).

Applications are submitted to the Minerals and Petroleum Development Branch directly. Once all submission requirements have been met, the application will undertake an inter-departmental technical review. Application approval timeframes are variable due to individual project specific or unique factors however, the applicant can expect a review to take weeks or months to finalize. As such, it is in the best interest of the applicant to submit a lease application very early in their planning process to allow sufficient time for review prior to their specific material requirement timeframe.
  

Information pertaining to a quarry lease:

  • applicant shall pay non-refundable application fee ($50.00/application), at the time of application
  • prior to approval, the applicant is required to submit a legal survey of the proposed lease site
  • on approval, the applicant is required to pay a quarry lease reclamation security ($20/hectare or $5000.00, whichever is greater)
  • a lessee is required to pay an annual land rental fee ($50.00/hectare)
  • applies to extraction from existing quarry sites or proposed new quarry sites
  • there is no maximum extraction volume limit
  • the term of a quarry lease can vary up to a maximum term of ten years
  • a quarry lease holder shall pay royalty ($0.25/tonne) on the total amount of material requested/approved, at the time of issue (a new permit is required for every year of extraction)
  • royalties are due and payable semi-annually on or before the twentieth day of July (on material volume removed between Jan 1st-Jun 30th) and the twentieth day of January (on material volume removed between Jul 1st-Dec 31st) in each year
  • a quarry lease provides the lessee with exclusive use to the quarry site
  • only the lessee is authorized to remove material from a quarry lease
  • all quarry operations are to be conducted in compliance with the Crown Land Quarries Policy
     

Application Requirements under a Quarry Lease
As part of a comprehensive review process, the applicant is requested to submit additional details pertaining to the development and reclamation of the proposed pit or quarry site. This information generally includes but is not limited to:

       Location Plan

  • A 1:12,500 scale or greater detail map showing topographic features, natural watercourses, public roads and highways and any surrounding or neighbouring land uses within 1000 metres of the proposed pit or quarry site.
  • A map showing the proposed lease boundaries, including the size of the lease area in hectares.
  • A site plan showing the following entrances to and exits from the site, location of any fences, gates or barriers, location of all facilities associated with further processing, waste water treatment or control of surface water, location of production stockpiles, waste piles, settling ponds; and location of all permanent or temporary structures on the site.
     

      Development Plan

  • Estimated annual production.
  • Estimated employment potential.
  • Proposed extraction method.
  • Provisions for safety.
  • Planned sequence and direction of pit development.
  • Estimated investment in equipment to be utilized including that associated with drilling, blasting, loading, hauling and sizing.
  • A list of commodities to be produced.
     

       Operating Plan

  • Annual operating schedule, including daily hours of operation.
  • Haulage routes to be used to transport product to customers.
  • A description of the source, quantity and use of water in the extraction or beneficiation process.
     

       Environmental Protection Plan

  • A description of the method(s) used to collect, store and dispose of lubricants.
  • A list of chemicals to be used on site.
  • A description of the quantity, quality and mitigative processes proposed to treat any effluent being discharged into the surrounding environment.
     

       Reclamation Plan

  • A detailed description and schedule of the planned procedures for the protection, reclamation and rehabilitation of the site, including, where applicable, details pertaining to: backfilling, contouring, benching, sloping, grading, fencing, screening, construction of berms and revegetation.
  • A plan for ongoing reclamation.
  • An estimated cost of the reclamation program.

Reporting Requirements

The holder of a quarry permit or a quarry lease is required to submit a royalty return form stating quantities of quarriable substances removed and include royalty payment. Royalty on excavated material is at a rate established by subsection 25(1) of General Regulation 93-92 under the Quarriable Substances Act. It is due before the 20th day of July and the 20th day of January. Currently, the rate is set at $0.25 per tonne.

 

Quarry Lease Renewal

A quarry lease may be renewed for a term equal to the original term or such lesser term as the Minister considers advisable in the circumstances. Application to renew is made in writing to the Minerals and Petroleum Development Branch. The renewal fee is $50.00.

 

Quarry Lease Transfer

A written approval is needed from the Minister in order to transfer a quarry lease. The transfer of a quarry lease or any interest in it shall be signed by the transferor or by the agent of the transferor authorized by instrument in writing and accompanied by a $50.00 fee as prescribed by regulation.

 

Cancellation, Expiry or Surrender

The Minister may cancel or suspend a quarry lease if the holder of the lease does not comply with the terms and conditions of the lease.