Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Giant Mine) (SI/2005-55)

Purpose

1 The purpose of this Order is to withdraw from disposal the subsurface rights of certain tracts of land at the abandoned Giant Mine site located in Yellowknife in the Northwest Territories to allow remediation of the site and to avoid potential conflicts with other users.

Lands Withdrawn from Disposal

2 Subject to sections 3 and 4, the subsurface rights of the tracts of territorial lands set out in the schedule are withdrawn from disposal for the period beginning on the day on which this Order is made.

Exception

3 Section 2 does not apply to the disposition of substances or materials under the Territorial Quarrying Regulations.

Existing Rights and Interests

4 For greater certainty, section 2 does not apply to

• (a) the locating of a mineral claim by the holder of a prospecting permit granted before the day on which this Order is made;

• (b) the recording of a mineral claim that is referred to in paragraph (a) or that was located before the day on which this Order is made;

• (c) the granting of a lease under the Canada Mining Regulations to a person with a recorded claim if the lease covers an area within the recorded claim;

• (d) the issuance of a significant discovery licence under the Canada Petroleum Resources Act to a holder of an exploration licence that was issued before the day on which this Order is made if the significant discovery licence covers an area subject to the exploration licence;

• (e) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of a significant discovery licence that is referred to in paragraph (d) if the production licence covers an area subject to the significant discovery licence;

• (f) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of an exploration licence or a significant discovery licence that was issued before the day on which this Order is made if the production licence covers an area subject to the exploration licence or the significant discovery licence;

• (g) the granting of a surface lease under the Territorial Lands Act to a holder of a recorded claim under the Canada Mining Regulations or of an interest under the Canada Petroleum Resources Act if the surface lease is required to allow the holder to exercise rights under the claim or interest; or

• (h) the renewal of an interest.