The Sand and Gravel Act

The Sand and Gravel Act, C.C.S.M. c. S15 bilingual version (HTML) Table of Contents Section 1 Definition of "sand and gravel" 2 Application 3 Act subject to Crown Lands Act 4 Ownership of sand and gravel 5 Sand and gravel not minerals 6 Restriction on right of action with respect to certain sand and gravel 7 Saving clause HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definition of "sand and gravel" 1 In this Act "sand and gravel" means sand and gravel occurring on the surface of land, or that is obtainable from land by stripping off the overburden and excavating from the surface. Application 2 This Act applies to all lands in the province and to the owners thereof, including the Crown in right of Manitoba. Act subject to Crown Lands Act 3 This Act is subject to The Crown Lands Act , and if there is a conflict or inconsistency between this Act and The Crown Lands Act the provision in The Crown Lands Act is to prevail. S.M. 2012, c. 40, s. 42 . Ownership of sand and gravel 4 Subject to section 7, the owner of the surface of any land is, and shall be deemed to have always been, the owner of and entitled to all sand and gravel within, or under the land. Sand and gravel deemed not to be a mineral 5(1) Sand and gravel shall be deemed not to be a mine, mineral, or valuable stone, but, subject to section 7, shall be deemed to be, and have always been, a part of the surface of the land within, upon, or under which it is situated and to belong to the owner thereof. Sand and gravel not owned by owner of minerals 5(2) Notwithstanding any patents, titles, grants, deeds, conveyance, lease, licence, agreement, disposition, or any document, heretofore or hereafter issued or made, that conveys or reserves mines, minerals or valuable stone, but, subject to section 7, the owner of the mines, minerals, or valuable stone, within, upon, or under any land is not entitled to the sand and gravel within, upon, or under that land as against the owner of the surface of that land. Restriction on right of action with respect to certain sand and gravel 6(1) Where any sand and gravel has been dealt with or removed from any land by the owner of the mines, minerals, or valuable stone, or by any person claiming through him, acting in good faith and in the honest belief that he was entitled thereto (a) before September 1, 1972; or (b) after September 1, 1972 but before the date on which the dealing or removal of the sand and gravel is contested by the owner thereof by written notice to the person dealing with or removing the sand and gravel; the owner of the surface of the land does not have any right of action for damages or for compensation by reason of that dealing with, or removal of, the sand and gravel other than such right of action as he would have had if the person who removed the sand and gravel had been the owner of it. Restriction on right of action against owner of mines and minerals 6(2) The holder of any interest, by way of lease, permit, licence, or other disposition, in any sand and gravel derived from the owner of the mines, minerals, or valuable stone, prior to the coming into force of this Act does not have any right of action against that owner for damages or for compensation by reason of the owner having granted the interest in the sand and gravel to the holder, except for the refund of any rental paid in advance in respect of the interest for any period subsequent to the coming into force of this Act. Saving clause 7 Nothing in this Part affects the title to, or any interest in, the sand and gravel within, upon, or under any land or the right to work or remove it, where that title, interest, or right arises from (a) any patent, title, grant, deed, conveyance, lease, licence, agreement, disposition, or other document, heretofore or hereafter made or issued by the owner of the surface of the land at the time; that expressly grants, transfers, conveys, or disposes of that title or interest or right with respect to sand and gravel; or (b) by an Act of the Legislature or of the Parliament of Canada; that expressly grants, transfers, conveys, or disposes of, that title or interest or right with respect to sand and gravel; or (c) an express reservation of sand and gravel in any patent, title, grant, deed, conveyance, lease, licence, agreement, disposition, or other document, heretofore or hereafter made by the owner of the surface of the land at the time; or (d) an express reservation of sand and gravel under an Act of the Legislature or of the Parliament of Canada; or (e) a certificate of title issued under The Real Property Act that affects, by specific reference of sand and gravel, that title or interest or right with respect to sand and gravel.