Land Access and Use

A prospector, a holder of a claim, a holder of a mining lease or an operator of a mine is liable for any actual damage to or interference with the use and enjoyment of property caused by him/her or anyone acting on his/her behalf.

Before undertaking exploration work and general prospecting; a right holder needs to notify appropriate parties. Notifications Required Prior to Performing Exploration Work and General Prospecting (see Links at right) provides contact information for various prospecting activities and a list of forms to use.

Prior to commencing work on private lands (e.g., blazing, cutting trees or bushes, digging pits, trenching, drilling, road building, etc.) the following procedures must be followed:

1. Contact the land owner face-to-face (make a personal visit) and advise him/her of the planned work by presenting him/her with a completed Notice of Planned Work on Private Land-Form 18. Forward a copy of the completed form to the Recorder, indicating how and when the landowner was notified.
2. Attempt to reach an agreement with the landowner regarding damage to and interference with use and enjoyment of his land, including plans for reclamation (e.g., filling in trenches and covering with topsoil).
3. If the landowner cannot be contacted, satisfy the Recorder that a reasonable effort to do so was made and either:
   – Send a copy of the completed form 18 to the landowner's last known address, or
   – Advertise a notice of the planned work once in each of two consecutive weeks in a newspaper circulated in the area where the work will be performed.
4. If the landowner can be contacted but an agreement cannot be reached within 60 days of the contact, the work can be done after a security has been deposited with the Recorder. Please note that certain restrictions apply.

Unless the landowner agrees to other arrangements, the first and fourth procedures must be repeated for each year work is planned and any other time there is a significant change in a planned work.

The Recorder will review the submitted form and give permission on behalf of the Department of Energy and Resource Development for the work to proceed.

In some cases, the Recorder will advise the person planning the work that a reclamation plan is required before the work can commence. In such cases, a copy of the reclamation plan must be given to the landowner at least 60 days prior to the commencement of the work, unless the landowner agrees to a shorter time.

Note: Information regarding ownership of private lands can be obtained from Service New Brunswick:

• Toll free within the Province: 1 888-762-8600
• Outside the Province: 506-684-7901

When visiting a Service New Brunswick office, a prospector should take along a map showing his/her claims to assist in the search process.

Prior to commencing work that would cause actual damage to or interference with the use and enjoyment of Crown lands; the following procedures must be followed:

• Submit to the Recorder the completed Notice of Planned Work on Crown Land-Form 18.1, listing the proposed work and enclosing a map showing the area of work and the claims.
• The Recorder will review the submitted form and give permission on behalf of the Department of Natural Resources for the work to proceed.
• In some cases, the Recorder will advise the person planning the work that a reclamation plan and security are required before the work can commence.
• If work is to be done on a Crown land lease, obtain the consent of the lessee.

A lease or a right to occupy as issued under the Crown Lands and Forests Act is required before erecting any permanent camp, building or other structure on Crown lands.

Consent of the owner or appropriate authority must be obtained prior to causing actual damage to or interference with the use and enjoyment of the following lands:

• Lands in cities, town and villages,
• Lands occupied by railway stations and switching yards and railway rights of way
• Lands within the boundaries of a public highway
• Lands occupied by a building or curtilage thereof, gardens and cultivated lands
  Other lands that are prescribed by regulation.