Quarry Minerals Regulation, 1992

Quarry Minerals Regulation, 1992, M.R. 65/92 The Mines and Minerals Act , C.C.S.M. c. M162 Regulation 65/92 Registered March 20, 1992 bilingual version (HTML) Table of Contents Section PART 1 GENERAL 1 Definitions 1.1 Application of regulation 2 Extension of time-cash deposits 3 Confidentiality 4 Investigation by recorder 5 Decision of recorder 6 Default 7 Quarry mineral disposition open for acquisition 8 Exemption from royalties 9 Application 10 Interest payable on debt or overpayment 10.1 Submission of applications 10.2 When applications filed 10.3 Repealed PART 2 QUARRY PERMITS DIVISION 1 CASUAL QUARRY PERMIT 11 Application 12 Casual quarry permit DIVISION 2 QUARRY EXPLORATION PERMIT 13 Application 14 Quarry exploration permit 15 Report of work 16 Work deficiency 17 Excess work 18 Surrender or conversion 19 Lapse 20 Return of cash deposit 21 Conversion prior to production PART 3 QUARRY LEASE 22 Applications 23 Additional requirements 23.1 Refusal to issue quarry lease 24 Area 25 Statement of quantities and payments 26 Rent 27 Lease form 28 Subsequent application 29 Renewal of quarry lease PART 4 SURFACE LEASE 30 Application 31 Repealed PART 5 OPERATION AND REHABILITATION OF QUARRIES DIVISION 1 DEFINITIONS AND APPLICATION 32 Definitions 33 Repealed DIVISION 2 REGISTRATION OF AGGREGATE QUARRIES 34 Application of Division 2 35 Application for registration certificate 36 Filing of annual return statement DIVISION 3 OPERATION OF QUARRIES 37 Clearing site 38 Stockpiling soil and overburden 39 Setback for stockpiles 40 Landscape screens adjoining highways and residences 41 Erosion and weed problems 42 Waste water drainage 43 Setbacks 44 Blasting 45 Log book of blasting 46 Noise nuisances other than blasting 47 Dust emissions 48 Ground water protection 49 Open burning 50 Alternative operational requirements PART 6 REPEAL AND COMING INTO FORCE 51 Repeal 52 Coming into force Schedules A Fees, Rentals, Deposits and Expenditures B Required Work and Reports of Required Work C Royalty Rates and Rehabilitation Levy D Quarry Lease PART 1 GENERAL Definitions 1(1) In this regulation, "Act" means The Mines and Minerals Act ; (« Loi ») "borrow pit" means a pit established and operated exclusively for the purpose of removing an unconsolidated and unprocessed quarry mineral for use as fill or for subgrade construction of embankments or roads regardless of the physical properties of the quarry mineral; (« carrière d'emprunt ») "casual quarry permit" means an authorization in writing for the production of a specified quantity of quarry mineral pursuant to Division 1 of Part 2; (« licence d'exploitation occasionnelle de carrière ») "quarry exploration permit" means an authorization in writing to explore for a specified quarry mineral pursuant to Division 2 of Part 2; (« licence d'exploration de carrière ») "surveyed territory" means all that portion of the Province of Manitoba situated south of the 53rd parallel and which has been surveyed into sections, townships, and ranges, or into Parish and Settlement Lots on plans of survey approved and confirmed by the Surveyor General of Canada or the Director of Surveys of Manitoba; (« territoire arpenté ») "unsurveyed territory" means any area of the Province of Manitoba that is not surveyed territory. (« territoire non arpenté ») M.R. 250/96; 179/2002 1(2) For the purpose of this regulation and clause (c) in the definition "quarry mineral" in subsection 1(1) of the Act, amber is a quarry mineral. M.R. 250/96 Application of regulation 1.1 This regulation does not apply to borrow pits. M.R. 250/96 Extension of time-cash deposits 2 Where the minister grants an extension of time pursuant to the Act, the cash deposit payable by the applicant shall be $5,000.00 for each application, but in no case shall the period of extension exceed 90 days. Confidentiality 3 Reports of work submitted in accordance with this regulation shall not be available to the public except (a) with the consent of the holder; or (b) upon the abandonment, lapse or surrender of the quarry mineral disposition; and, with the consent of the holder, may be used in government publications. Investigation by recorder 4 An application for a quarry mineral disposition that is not in accordance with this regulation or contains any errors or mis-statements or is for an area of land already included in an existing recorded quarry mineral disposition shall be held by the recorder pending investigation. Decision of recorder 5 When the recorder holds an application in accordance with section 4 he shall, following investigation, either (a) record the quarry mineral disposition; or (b) advise the applicant that the disposition applied for cannot be recorded. Default 6 Where an inspector submits a report in writing to a recorder that indicates the work performed does not conform to the work reported, the recorder shall notify the quarry mineral disposition holder of the discrepancy; and the holder shall remedy the discrepancy within the time set out in the notice. Quarry mineral disposition open for acquisition 7 Where the minister does not, under section 132 of the Act, dispose of all or part of an expired, surrendered or cancelled quarry mineral disposition by tender, it shall be open for acquisition as a quarry mineral disposition from and after 12:00 o'clock noon of the day following the expiry, surrender or cancellation. Exemption from royalties 8(1) Crown quarry mineral removed by a public agency and used for a public purpose is exempt from payment of the royalties required under clause 12(2)⁠(d) and section 25. 8(2) Crown quarry mineral removed by a contractor or subcontractor on behalf of a public agency and used for a public purpose is exempt from payment of the royalties required under clause 12(2)⁠(d) and section 25 where the public agency certifies in an exemption certificate prepared on a form furnished by the recorder that the quarry mineral has been used for a public purpose. 8(3) The holder of a quarry mineral disposition shall submit to the recorder any exemption certificate referred to in subsection (2) together with (a) an annual statement showing the total quantity of quarry mineral removed; and (b) payment of the royalty due on the quantity of quarry mineral, if any, not used for a public purpose. 8(4) Where the holder of a quarry mineral disposition fails to submit to the recorder an exemption certificate referred to in subsection (2), the holder shall submit the required royalty payment for the total quantity of quarry mineral removed. Application 9 An application for the transfer or assignment of a quarry exploration permit or a quarry lease shall be made in writing, in duplicate, to the recorder and shall be accompanied by the fee prescribed therefor in Schedule A. Interest payable on debt or overpayment 10(1) The interest payable on a debt to the Crown in accordance with subsection 181(1) of the Act shall be calculated from the 31st day following the due date specified in the invoice or written request for payment, at a rate prescribed by the Minister of Finance on January 1 and July 1 of each year under The Financial Administration Act in respect of persons who owe or are liable to pay money to the government. M.R. 250/96 10(2) The interest payable by the minister on an overpayment in accordance with subsection 181(2) of the Act shall be calculated from the date on which the overpayment is made, at the same rate as under subsection (1). M.R. 250/96 10(3) Where the interest accrued is less than $10., the minister shall neither demand nor pay the interest. M.R. 250/96 Submission of applications 10.1 An application under this regulation may be submitted to the recorder or director (a) by submitting an original application to the office of the recorder or director during regular business hours; (b) by facsimile transmission if (i) the recorder or director has issued a public notice indicating that the application in question may be submitted by facsimile transmission, (ii) the cover page of the facsimile transmission contains all information required by the recorder or director, and (iii) the facsimile transmission is sent to a specified facsimile number intended to receive the application in question; or (c) through the use of the form provided, if any, on an Internet site specified by the recorder, in accordance with the terms and conditions of use listed on the site. M.R. 179/2002 ; 201/2011 When applications filed 10.2(1) An application received in paper form or electronically under section 10.1 is deemed to be filed at the later of the following times: (a) the time the application, in a complete and legible form, is received; (b) if fees, cash deposits or rent are required to be paid to the recorder, director or minister in respect of the application, the time all applicable application fees, cash deposits and rent are received in the office of the recorder, director or minister. M.R. 179/2002 ; 201/2011 10.2(2) For the purposes of this section, application fees, cash deposits and rent are deemed to be received at the same time as the application submitted electronically if (a) the electronic submission contains (i) an authorization from the applicant permitting the total amount of fees, deposits and rent to be charged to the applicant's credit card, if the terms and conditions of use listed on the Internet site, or the director, recorder or minister, indicate that payment by that type of credit card will be accepted, (ii) all information required to process payment by credit card; and (b) payment for the total amount of fees, deposits and rent is promptly processed by the credit card issuer. M.R. 179/2002 ; 201/2011 10.2(3) An application submitted electronically will not be processed (a) until all applicable application fees, cash deposits and rent are received; and (b) if the application received is incomplete or illegible. M.R. 179/2002 ; 201/2011 10.3 [Repealed] M.R. 179/2002 ; 201/2011 PART 2 QUARRY PERMITS DIVISION 1 CASUAL QUARRY PERMIT Application 11 An application for a casual quarry permit shall be made to the recorder in writing, on a form furnished by the recorder, and shall be accompanied by (a) the application fee prescribed therefor in Schedule A; (b) the legal land description of the area applied for where the area is in surveyed territory; (c) a plan or map showing the location of the area applied for where the area is in unsurveyed territory; and (d) a description of the nature and location of any prominent feature in the area applied for, including any structures, roads, trails and other improvements. Casual quarry permit 12(1) A casual quarry permit authorizes the holder to produce, during the period specified in the permit, the quantity of quarry mineral specified in the permit. 12(2) The holder of a casual quarry permit shall (a) comply with such terms and conditions as are stated in the permit; (b) keep an accurate daily record of the quantity of quarry mineral produced from the permit area; (c) provide the recorder, on a form furnished by the recorder, with an accurate statement of the total quantity of quarry mineral produced from the permit area no later than the 30th day following the expiry, surrender or cancellation of the permit; and (d) at the time the statement required under clause (c) is provided, pay the royalty for the quarry mineral and the rehabilitation levy in accordance with Schedule C. DIVISION 2 QUARRY EXPLORATION PERMIT Application 13 An application for a quarry exploration permit shall be made to the recorder in writing, on a form furnished by the recorder, and shall be accompanied by (a) the application fee and cash deposit prescribed therefor in Schedule A; (b) the legal land description of the area applied for where the area is in surveyed territory; (c) the geographic coordinates of the corners, together with a plan or map showing the location of the area applied for, where the area is in unsurveyed territory; (d) a description of the nature and location of any prominent feature in the area applied for, including any structures, roads, trails and other improvements; and (e) a description of the proposed exploration activity, including the nature and extent of any disturbance to the environment that will result from the proposed activity together with a detailed plan of rehabilitation for any such disturbance. M.R. 179/2002 Quarry exploration permit 14(l) A quarry exploration permit grants the holder the exclusive right to explore for the quarry mineral specified in the permit and contained within the boundaries of the permit area projected vertically downward. 14(2) Unless otherwise approved by the director, the area covered by a quarry exploration permit shall be approximately rectangular and its length shall not exceed four times its width. 14(3) The term of a quarry exploration permit shall be three years, subject to performance of required work in accordance with Schedule B. Report of work 15 No later than the 30th day following each anniversary date of the issue of a quarry exploration permit, the holder shall provide the recorder with a written report of all work performed on the permit during the preceding year in accordance with Schedule B, together with a statement of the expenditures incurred in performing the work. Work deficiency 16(1) Where the approved expenditures for work carried out under a quarry exploration permit are less than those prescribed in Schedule A, the holder shall make up the deficiency by making a cash payment to the recorder in a sum equal to the amount of the deficiency. 16(2) Where under subsection (1) the holder of a quarry exploration permit makes a cash payment to make up a work deficiency in any year, and in a subsequent year performs work equivalent in value to the deficiency or a portion thereof, in addition to the normal work required under Schedule A in respect of that subsequent year, and submits proof of that additional work to the recorder, the cash payment or such portion thereof as may be equal to the value of the additional work, as the case may be, shall be refunded to the holder, and where a portion only of the cash payment is so refunded the remaining balance of the payment becomes the property of the Crown. Excess work 17 Where work performed in respect of a quarry exploration permit in any year is in excess of required work applicable in respect of the permit, the excess work may be applied in reduction or satisfaction of the required work in any succeeding year of the quarry exploration permit. Surrender or conversion 18 Subject to compliance with section 15 and if the expenditure on required work as set out in Schedule A has been carried out or payment in accordance with subsection l6(1) has been made, the holder of a quarry exploration permit may apply to the director in writing (a) to reduce the area of the permit; (b) to convert the permit to a quarry lease; or (c) to surrender the permit. Lapse 19(1) Subject to subsection 16(1), if the report of work and statement of expenditures are not submitted by the holder of a quarry exploration permit in accordance with section 15, the permit shall lapse and that portion of the cash deposit and payment equivalent to the deficiency shall be forfeited to the Crown. 19(2) Where the cash deposit and payment with respect to a quarry exploration permit is less than the required work, the holder of the permit shall pay the deficiency. Return of cash deposit 20 The cash deposit required under clause 13(a) with respect to a quarry exploration permit, or a portion thereof, shall be returned to the holder (a) where the director refuses to issue the quarry exploration permit; (b) at the end of the term of the quarry exploration permit, where the holder is in compliance with sections 14, 15 and 16; or (c) upon surrender or conversion of the quarry exploration permit pursuant to section 18; as the case may be. Conversion prior to production 21 Prior to the commencement of production from the area of a quarry exploration permit, the holder shall make application to convert the quarry exploration permit to a quarry lease. PART 3 QUARRY LEASE Applications 22 An application for a quarry lease shall be made to the recorder in writing, on a form furnished by the recorder, and shall be accompanied by (a) an application fee and the annual rent for the first year of the lease prescribed therefor in Schedule A; (b) the legal land description of the area applied for, where the area is in surveyed territory; (c) the geographic coordinates of the corners of the area applied for together with a plan or map showing the location of the area, where the area is in unsurveyed territory; and (d) a description of the nature and location of any prominent features in the area applied for, including any structures, roads, trails and other improvements. M.R. 179/2002 Additional requirements 23 Where the applicant for a quarry lease or the renewal of a quarry lease is a corporation, or a corporation has an interest in a quarry lease in respect of which an application is made, the applicant shall submit to the minister, in addition to the requirements of section 22, (a) proof that the corporation is incorporated or registered under the laws of Manitoba to transact business in Manitoba; (b) the names, places of residence, post office addresses and callings of the president, secretary, treasurer and directors of the corporation; (c) the location and postal address of the head office or registered office of the corporation; (d) the location and postal address of the principal office of the corporation in Manitoba if the head office or registered office is situated outside Manitoba; (e) the name, place of residence and post office address of the agent or manager in Manitoba who is authorized to represent the corporation and to accept service in all suits and proceedings against the corporation; and (f) such additional information as the minister may, under the Act, require. Refusal to issue quarry lease 23.1(1) If the minister refuses to issue a quarry lease, the applicant shall be notified in writing of the refusal and the reasons for the refusal. M.R. 179/2002 23.1(2) If the minister has refused to issue a quarry lease, the minister shall refund to the applicant the rent paid in advance but not any application fee paid by the applicant. M.R. 179/2002 Area 24 The area of a quarry lease (a) shall be approximately rectangular in shape and its length shall not exceed four times its width, unless otherwise approved by the minister under the Act; (b) for all quarry minerals excepting peat, shall not exceed 70 hectares more or less; and (c) for peat, shall not exceed 270 hectares more or less. Statement of quantities and payments 25 The holder of a quarry lease shall provide the recorder with an annual statement of the total quantity of quarry mineral that has been produced from the lease area, accompanied by a royalty payment and a rehabilitation levy payment in accordance with Schedule C and the annual rent prescribed therefor in Schedule A, no later than the 30th day following the anniversary date of the lease. Rent 26 The annual rental for an area under quarry lease shall be payable in advance. Lease form 27 Any quarry lease issued shall be in the form prescribed in Schedule D and shall be issued in duplicate. Subsequent application 28(1) The holder of a quarry lease who has complied with all conditions thereof may apply to the minister in writing for permission (a) to reduce or enlarge the area under lease; (b) to convert all or part of the lease to a quarry exploration permit or a casual quarry permit; (c) to surrender the quarry lease; (d) to subdivide the lease into two or more leases; or (e) to amalgamate two or more quarry leases. M.R. 250/96 28(2) Where an application to reduce or enlarge the area of a quarry lease is made under subsection (1) and the reduction or enlargement is approved by the minister, the original quarry lease document shall be amended to reflect the change in area, but the anniversary date and term of the quarry lease shall remain the same as for the original quarry lease. M.R. 250/96 28(3) Where an application for the subdivision of a quarry lease is made and the subdivision is approved by the minister, new quarry lease documents shall be issued for each new quarry lease, but the anniversary date and term of each new lease shall remain the same as for the original lease. M.R. 250/96 28(4) Where an application for the amalgamation of two or more quarry leases is made and the amalgamation is approved by the minister, a new quarry lease shall be issued for a new term starting on the day the minister receives the application. M.R. 250/96 Renewal of quarry lease 29 The holder of a quarry lease who has complied with the Act and the terms and conditions of the lease may apply to the recorder for a renewal of the quarry lease prior to the expiry of the term of the lease, and the application shall be accompanied by the application fee and annual rent for the first year of the renewal as prescribed in Schedule A. PART 4 SURFACE LEASE Application 30 An application for a surface lease shall be made in writing to the director and shall be accompanied by (a) the application fee and rent for the first year as prescribed in Schedule A; (b) the legal land description of the area applied for, where the area is in surveyed territory; (c) the geographic coordinates of the four corners of the surface lease area, together with a plan or map showing the location of the area applied for, where the area is in unsurveyed territory; and (d) a description of the nature and location of any prominent features in the area applied for, including any structures, roads, trails and other improvements. M.R. 250/96 31 [Repealed] M.R. 201/2011 PART 5 OPERATION AND REHABILITATION OF QUARRIES DIVISION 1 DEFINITIONS AND APPLICATION Definitions 32 In this Part, "adjacent property" means property adjacent to a parcel of land upon which a pit or quarry is established or operated; (« propriété adjacente ») "associated product" means petroleum or any derivative thereof, except gasoline, that is in a liquid state at ambient temperature and pressure; (« produit connexe ») "gasoline" means a liquid product of petroleum that has a flash point below 37.8 degrees Celsius and is designed primarily for use in an internal combustion engine; (« essence ») "linear peak sound pressure level" means the maximum absolute sound pressure as measured using a sound level monitoring device which equals or surpasses the requirement of International Electrotechnical Commission (I.E.C.) Publications 179 (1973) 'precision sound level meters' and 179A (1973) 'Additional characteristics for the measurement of impulsive sounds', including section 4.5.1, using linear weighting network and peak hold meter responses, or the equivalent; (« niveau maximum linéaire de pression acoustique ») "parcel of land" means the aggregate of all land described in any manner in a certificate of title or deed; (« parcelle de bien-fonds ») "peak particle velocity" means the maximum instantaneous velocity experienced by the particles of a medium when set into transient vibratory motion, and is the greatest velocity of any of the three mutually perpendicular directions which are vertical, radial and transverse to the source; (« vitesse maximale d'une particule ») "property line" means the property line of a parcel of land; (« limite de la propriété ») "residence" includes a seasonal residence; (« résidence ») "seasonal residence" means a residential dwelling unit that is regularly occupied on a seasonal basis, and includes a lodge; (« résidence saisonnière ») "shore" means the area of land measured five metres horizontally from the high water mark of a permanent or seasonal body of water. (« rive ») 33 [Repealed] M.R. 250/96 DIVISION 2 REGISTRATION OF AGGREGATE QUARRIES Application of Division 2 34 This Division does not apply to a person engaged in farming who establishes or operates an aggregate quarry on the farm solely for purposes incidental to the farming operation, where none of the quarry mineral from the aggregate quarry so operated is exposed or offered for sale, sold, donated or otherwise disposed of. Application for registration certificate 35(1) An application for a registration certificate to establish or operate one or more aggregate quarries on a parcel of land shall be made by (a) submitting to the recorder a completed application on a form furnished by the recorder; and (b) paying the fee prescribed therefor in Schedule A. 35(2) An interim authorization, granted by the director to an applicant who has orally provided the information required in an application made under subsection (1) to an official of the Mining Recording Office and who will be submitting the written application and fee by mail, is valid for the period of time stated in the authorization, but that period shall not exceed seven days. Filing of annual return statement 36 Within 30 days of the expiry of a registration certificate, the holder thereof shall (a) submit a completed annual return in accordance with section 199 of the Act, on a form furnished by the recorder; and (b) pay the rehabilitation levy prescribed therefor in Schedule C. DIVISION 3 OPERATION OF QUARRIES Clearing site 37 Prior to stripping topsoil and overburden in preparation for the excavation of a quarry, an operator shall (a) clear the slash and timber over the proposed excavation; (b) where the slash and timber is not disposed of immediately, pile it at least four metres from the nearest standing timber; and (c) dispose of the slash and timber by burial, burning or removal, or as prescribed in a permit issued under The Forestry Act or The Crown Lands Act . Stockpiling soil and overburden 38(1) Every operator of a quarry shall stockpile on the parcel of land or within the area of the quarry mineral disposition, all topsoil and overburden stripped in the process of excavating the quarry. 38(2) The operator of a quarry may apply to the director in writing for an exemption from the requirement of subsection (1) where the overburden and topsoil are surplus to the amount required for rehabilitation of the property. Setback for stockpiles 39 No operator of a quarry shall stockpile any slash, timber, topsoil or overburden from the excavation of a quarry closer than eight metres to the nearest property line, unless the operator first (a) obtains the written consent of the owner of the adjacent property; and (b) provides a copy of the written consent to the director. Landscape screens adjoining highways and residences 40(1) Subject to subsection (2), no operator of a quarry shall establish or mine a quarry closer than l50 metres from a Provincial Trunk Highway, Provincial Road or residence, unless the operator has established a vegetated berm or tree screen sufficient to shield the quarry from view from the road or residence. 40(2) Subsection (1) does not apply (a) where a quarry has been mined closer than l50 metres from a road or residence prior to the date of the coming into force of this regulation, and there is insufficient space to construct a berm or tree screen without backfilling the excavated area; (b) where the operator of a quarry rehabilitates the quarry progressively in such a way that the portion of the quarry open to view from the road or residence is completely rehabilitated within a period of eight months; (c) where the operator of a quarry has first (i) obtained the written consent of the owner of the residence, and (ii) provided a copy of the consent to the director; or (d) where the director has provided a written exemption after due regard to local environmental circumstances, including relative topographic elevations and problems associated with snow drifting. Erosion and weed problems 41 Where during the operation of a quarry unconsolidated material in or from the quarry is subject to (a) erosion, in such a manner as to detrimentally affect the use and enjoyment of adjacent property; (b) the growth of various weeds; or (c) both erosion as described in clause (a) and the growth of weeds as described in clause (b); the operator of the quarry shall establish an interim vegetation cover or undertake such alternative remedial measures as are necessary to eliminate the problem. Waste water drainage 42(1) Subject to subsection (2), no operator of a quarry shall permit water pumped from the quarry or used in treating or processing quarry minerals (a) to run directly onto adjacent property, unless the operator is the holder of a subsisting licence under The Water Rights Act ; or (b) to drain directly into an underlying aquifer where it may reasonably be expected to contaminate a potable water supply. 42(2) Clause (1)⁠(a) does not apply to an operator who (a) has first obtained the written consent of the owner of the adjacent property and of the mineral rights in the adjacent property; and (b) provides a copy of the written consent to the director. Setbacks 43(1) Subject to subsections (2), (3) and (4), an operator of a quarry shall not excavate closer than the following distances from any property line, residence or shore of a river, lake or stream: (a) where the operator is mining an unconsolidated quarry mineral, (i) 4 metres from any property line, and (ii) 150 metres from any residence located beyond the property line; (b) where the operator is mining a consolidated quarry mineral from a quarry developed after the date of the coming into force of this regulation, (i) 15 metres from any property line, and (ii) 400 metres from any residence; (c) where the operator is mining a consolidated quarry mineral from a quarry existing before the date of the coming into force of this regulation (i) 15 metres from any property line, and (ii) 250 metres from any residence; and (d) in the case of any type of quarry, 50 metres from the shore of any river, lake or stream. 43(2) Notwithstanding subclause (1)⁠(a)⁠(i), an operator of a quarry mining an unconsolidated quarry mineral shall not mine closer to any property line than the horizontal distance equal to the sum obtained when 4 metres is added to the product of three times the depth of the excavation, where that sum exceeds the distance specified in that subclause. 43(3) The setback restrictions prescribed in subclauses (1)⁠(a)⁠(ii) and (1)⁠(b)⁠(ii) do not apply (a) between an existing quarry and any residence constructed on an adjacent parcel after the date of the coming into force of this regulation; or (b) where the quarry will be mined for a period of time not exceeding four months during the course of three calendar years. 43(4) Subsections (1) and (2) do not apply to the operator of a quarry who (a) has first obtained the written consent of the owner of any adjacent property and of the mineral rights in the adjacent property; and (b) provides a copy of the written consent to the director. Blasting 44(1) No operator of a quarry shall permit any blasting at the quarry (a) between 4:00 p.m. of any day and 9:00 a.m. of the following day; or (b) at any time on a Saturday, Sunday or statutory holiday; unless otherwise approved by the director under the Act. 44(2) No operator of a quarry shall permit any blasting at the quarry that emits sound exceeding the following limits when measured on adjacent property: (a) within 15 metres of a building maintained as a residence, 130 decibels linear peak sound pressure level; (b) within 15 metres of a building maintained for use other than as a residence, 150 decibels linear peak sound pressure level; and (c) where any person other than an employee of the operator is exposed to the sound, 140 decibels linear peak sound pressure level. 44(3) No operator of a quarry shall permit any blasting at the quarry that emits soil-borne vibrations exceeding the following limits when measured on adjacent property inside a building below grade or less than one metre above grade, (a) for any building maintained as a residence, 12 millimetres per second peak particle velocity; and (b) for any building maintained for use other than as a residence, 50 millimetres per second peak particle velocity. Log book of blasting 45(1) An operator of a quarry shall ensure that a log book is maintained for the purpose of recording the following information with respect to blasting on the parcel of land on which the quarry is operated: (a) a sketch of the blast area showing the location, depth, weight and composition of charges and the type of arrangement and delay timing of each detonator used; (b) the time of each firing; (c) details of the time of and reason for any malfunction or misfiring; and (d) corrective action taken as a result of each malfunction or misfiring. 45(2) An operator of a quarry shall keep the log book maintained under subsection (1) on site and shall make it available for inspection at all reasonable times by (a) any person authorized by the municipality or local government district in which the blasting takes place; and (b) any employee of the Mines Branch of the department, the Environmental Stewardship Division of the Department of Environment and Climate Change or the Mines Inspections Branch of the Department of Labour and Immigration. M.R. 179/2002 ; 83/2024 ; 115/2025 Noise nuisances other than blasting 46 No operator of a quarry shall permit a quarry to be established or operated that emits sound, other than sound caused by blasting, in excess of the following limits when measured at any adjacent seasonal or permanent residence: (a) 45 dba sound pressure level, during the hours between 10:00 p.m. and 7:00 a.m.; and (b) 55 dba sound pressure level during the hours between 7:00 a.m. and 10:00 p.m. Dust emissions 47 Every operator of a quarry shall limit the wind entrainment of the visible particulate matter to the extent that the particulate matter does not exhibit any opacity in excess of 5% at the property line. Ground water protection 48 No operator of a quarry shall (a) contaminate groundwater, or permit the contamination of groundwater, through the establishment or operation of an aggregate quarry; or (b) establish or operate facilities for the permanent storage or handling of gasoline or associated products within the excavated portion of an aggregate quarry or in any place where the gasoline or associated product may leak into the excavated portion of an aggregate quarry. Open burning 49 No operator of a quarry shall permit open burning of garbage or debris on a parcel of land or lease during the operation of a quarry. Alternative operational requirements 50 Where an operator of a quarry applies to the director for approval of a modification of operational requirements, as an alternative to those set out in sections 39 to 44, and 46, 47, 49, 50 and 51, and the director is satisfied that the modification will meet the intent of the Act and the regulations, the director may in writing give the approval and in that event the operational requirments as they apply to that operator are deemed to be modified accordingly. PART 6 REPEAL AND COMING INTO FORCE Repeal 51 Manitoba Regulation 433/87R is repealed. Coming into force 52 This regulation comes into force on April 1, 1992. SCHEDULE A SCHEDULE OF FEES, RENTALS, DEPOSITS AND EXPENDITURES FEES 1 Application for quarry lease and quarry exploration permit (first term and renewal) — per quarry mineral disposition SCHEDULE B REQUIRED WORK AND REPORTS OF REQUIRED WORK SCHEDULE C ROYALTY RATES AND REHABILITATION LEVY The following rates are per tonne, except for peat and amber. ROYALTY RATES Quarry Minerals Amber — per kilogram $5.58 Bentonite 0.67 Kaolin 0.67 Other Clays 0.36 Gypsum 0.50 Limestone — greater than 90% calcium carbonate 0.36 Silica Sand — greater than 95% silica content 0.50* Heavy Mineral Sand containing minerals such as ilmenite, rutile, zircon, garnet, monazite, magnetite, kyanite, tourmaline, sphene, apatite and biotite 0.39* Coal 0.56 Salt 0.56 Shale 0.36* Peat — per cubic metre (loose, dry and uncompressed) 0.06 Gravel — including crushed or screened sand and gravel suitable for use (inter alia) in concrete aggregate, asphalt aggregate, mortar sand and railroad ballast 0.50* Mining Backfill — quarry mineral used in a mining operation as structural fill 0.21 Rock and Stone Common Stone — unsized, unsorted broken stone derived from a bedrock quarry operation or boulder type material such as oversize waste from a sand and gravel operation used directly for any purpose other than for manufacturing or metallurgical purpose 0.15 Processed Stone (a) screened, crushed or pulverized stone derived from a bedrock quarry for use (inter alia) as aggregate or in manufacturing and metallurgical processes 0.36* (b) dimension stone which is shaped, cut, sawn or polished for any use 1.07 SCHEDULE D QUARRY LEASE THIS LEASE made in duplicate this ______________ day of _________________, 20 ____. BETWEEN: His Majesty the King in right of the Province of Manitoba, represented by the Minister of Business, Mining, Trade and Job Creation (the "Minister") of the First Part