By-law 5-2015 regulate and control mining of aggregate

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RURAL MUNICIPALITY OF ROSEDALE

BY-LAW NO. 5-2015

Being a By-Law of the Rural Municipality of Rosedale to regulate and control the mining of aggregate in the Rural Municipality of Rosedale and to be known as the “Aggregate Mining and Transportation By-Law”.

WHEREAS The Municipal Act provides as follows:

232(2) Without limiting the generality of Subsection (1), a Council may in a By-Law passed under this Division;

(a)       regulate or prohibit;

(e)       subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following:

(i)         establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation;

(iii)      prohibiting a development, activity, industry, business or thing under a license, permit or approval is granted;

(iv)       providing that terms and conditions may be imposed on any license, permit or approval, and providing for the nature of the terms and conditions and who may impose them;

(v)        providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law, and

239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a Municipality, a designated officer of the Municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action;

(a)       enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law;

(b         request that anything be produced to assist in the inspection, remedy, enforcement or action; and

(c)        make copies of anything related to the inspection, remedy, enforcement or action.

293     A Municipality must maintain

(a)       municipal roads within its boundaries; and

(b)       land within its boundaries that is shown on a plan of subdivision registered by an applicant at a land titles office under The Planning Act as dedicated for public use as a municipal road, upon compliance by the applicant with any condition that is related to the road and required for approval of the plan.

294     A Municipality is required to construct or maintain a municipal road only to a standard that is appropriate for the use to which the Municipality expects the road to be put.

AND WHEREAS the Lieutenant Governor in Council has made Regulation No. 48/97 under Section 232(2)(e) of The Municipal Act for the purpose of regulating aggregate mining and transportation fees and agreements;

AND WHEREAS the Municipality wishes to provide for the licencing of aggregate mining within the Municipality and to set fees payable in connection with such licencing;

NOW THEREFORE the Council of the Rural Municipality of Rosedale in Council duly assembled enacts as a By-Law the following:

1.0       DEFINITIONS:

“Aggregate” means a quarry mineral that is used solely for construction purposes or as a constituent of concrete other than in the manufacture of cement and includes sand, gravel, clay, crushed stone and crushed rock;

“Aggregate Mining and Transportation Licence” means a license issued under paragraph 4.0 of this by-law;

“Mine”, “Mining” or “Mined” means the removal of a substance to a place outside the boundaries of a parcel or tract of land from which such substance has been extracted by means of digging or extraction;

“Municipality” means The Rural Municipality of Rosedale;

“Municipal Road” means a municipal road as defined under The Municipal Act and which is located in the Rural Municipality of Rosedale.

“Owner” means the person having the right to remove and dispose of aggregate in, under or upon a parcel or tract of land or, where such right cannot be conveniently determined, the legal owner of such parcel or tract;

“Person” means a natural person, a partnership, a firm, a business, an association, a credit union, a cooperative, a corporation or a Municipality;

“Pit Location” means the parcel or tract of land from which aggregate is mined and includes a pit location specified in an Aggregate Mining Licence;

“Transport”, “Transporting” or “Transported” means the movement of a substance from one place to another place.

2.1       Unless otherwise stated, this by-law applies to every person mining aggregate within the Municipality.

2.2       This by-law does not apply to the Municipality.

2.3       This by-law does not apply to Crown or a Crown Agency.

3.1       Every owner of property from which Aggregate is mined, or any person, firm or corporation mining aggregate from land, except in respect of aggregate owned by the Crown, or a Crown Agency, whether or not mined by a third party under a quarry permit, quarry lease or otherwise, must possess an Aggregate Mining License (Schedule A) prior to any mining of Aggregate on property within the Municipality.

3.2       Every owner of property from which Aggregate is transported, or any person, firm or corporation transporting such Aggregate must ensure that the person transporting such Aggregate has an Aggregate Transportation License  (Schedule B) prior to allowing any Aggregate to be transported, and if a person does transport Aggregate from an owner’s property without an Aggregate Transportation License then not only is the person transporting Aggregate in breach of this By-Law, but also the owner of the property is in breach of this By-Law and subject to the penalty provisions set forth herein.

4.0       The Aggregate Mining License and/or Aggregate Transportation License is available at the Municipal Office at a fee of $50.00 per license per annum. Fee is payable at the time of application. The Aggregate Mining License and Aggregate Transportation License are valid for a calendar year or the balance thereof and must be renewed on or before January 1st of the following calendar year. There is no discount in fee if the License is purchased partway through the year.

5.1       In addition to the Aggregate Mining License fee, the owner of the property or the person, firm or corporation transporting the Aggregate shall pay a fee to the Municipality calculated in accordance with Section I of Schedule C.

5.2       In addition to the Aggregate Transportation License fee payable, any person, firm or corporation who transports Aggregate upon a Highway shall pay a fee to the Municipality calculated in accordance with the formula set out in Section II of Schedule C.

5.3       The above mentioned fees for any Aggregate mined or transported between March 1st and November 30th shall be due and payable by the end of December of the same year, and for any Aggregate mined or transported between December 1st and the end of February of the following year shall be due and payable by March 31st of the same year. All of such payments shall be paid to the RURAL MUNICIPALITY OF ROSEDALE.

6.0       The Municipality may enter into agreements with a holder of an Aggregate

Transportation License in lieu of payment of the fees referred to in clause 6.2. Any agreement made under authority of this clause shall be in conformity with Manitoba Regulation 48/97, as amended from time to time and is subject to the approval of the Council of the Municipality.

7.0       Any person, firm or corporation who is in breach of any provision of this

By-Law is guilty of an offence and is liable to a fine of not less than $50.00 or more than $1,000.00 or to imprisonment for a term not exceeding three (3) months, or both. In addition to any such fine, the person, firm or corporation is still responsible to pay any fees required to be paid pursuant to this By-Law.

7.1       In the event that fees due and owing under this by-law are not paid by an owner or by a person, firm or corporation acquiring Aggregate from an owner, the Municipality may add the amount owing to the property taxes of the owner and collect such fees in the same manner as taxes or take any other remedy available to the Municipality.

7.2.      The Municipality may designate highways as haul routes for each person, firm, or corporation holding an aggregate mining licence and/or aggregate transport licence.

7.3.      All aggregate transport licencees must follow haul routes. Any deviation from the haul route requires the licencee to obtain prior written permission from the Designated Officer.  The Designated Officer has the authority to revoke a haul route immediately after written notice is served on the licenced hauler if the licenced hauler has, in the sole opinion of the Designated Officer, deviated from the haul route and/or operated a motor vehicle in excess of the weight permitted under “The Highway Traffic Act”, C.C.S.M., c.H60, from time to time.

That this By-Law shall take force and take effect upon 3rd Reading.

DONE AND PASSED in by the Council of the Rural Municipality of Rosedale in Council duly assembled, at Neepawa, Manitoba this 17th day of April, 2015.

________________________________

Wm. Martin, Reeve

________________________________

Karen McDonald, CAO

Read a first time, this 13th  day March, 2015

Read a second time, this      17th  day of April , 2015

Read a third time, this 17th day of April, 2015

 

SCHEDULE A

AGGREGATE MINING LICENSE

 

(Name and Address of Person, Firm or Corporation)

 

 

is licensed, pursuant to the provisions of By-Law No. 5-2015 of the RURAL MUNICIPALITY OF ROSEDALE, for the purposes of mining Aggregate within the Municipality.

 

License Expiry Date: ______________________________

 

License Fee:                               $50.00                              .

 

Dated in Neepawa, this ____ day of _________________, ______

 

RURAL MUNICIPALITY OF ROSEDALE

 

 

_________________________________

CAO

 

 

SCHEDULE B

 

AGGREGATE TRANSPORTATION LICENSE

 

 

 

(Name and Address of Person, Firm or Corporation)

 

 

 

is licensed, pursuant to the provisions of By-Law No. 5-2015 of the RURAL MUNICIPALITY OF ROSEDALE, for the purposes of transporting Aggregate within the Municipality.

 

License Expiry Date: __________________________________

 

License Fee:                                 $50.00                                   .

 

Dated in Neepawa, this ____ day of _____________________, ______

 

RURAL MUNICIPALITY OF ROSEDALE

 

 

_________________________________

CAO

 

 

SCHEDULE C

 

CALCULATION OF FEES

 

I           Aggregate Mining:

 

A fee based on the quantity of Aggregate mined as per following calculation

 

Year Rate per cubic meter Rate per cubic yard Rate per tonne Rate per ton
2008 $0.178 $0.136 $0.10 $0.110
2009 $0.196 $0.150 $0.11 $0.121
2010 $0.214 $0.163 $0.12 $0.132
2011 $0.231 $0.177 $0.13 $0.143
2012 $0.249 $0.190 $0.14 $0.154
2013 and following $0.267 $0.204 $0.15 $0.165

 

 

___________________ x ________________ = ___________________

(quantity)                               (applicable rate)          (amount due)

 

 

 

 

II          Aggregate Transportation

 

A fee for the shortening of the lifetime, maintenance, repair and restoration of any road used to transport Aggregate as per following calculation

 

Time Period Column 1Rate per tonne Column 2Rate per cubic metre
December 2012 to end of February 2013 $0.0164 $0.0288
After February 2013, during the months of March to November $0.0341 $0.0596
After February 2013, during the months of December, January and February $0.0170 $0.0299

 

 

_______________ x ________________ x ________________ = __________

(quantity)                      (applicable rate)          (kilometer)                    (amount due)

 

Payment of the above-mentioned fees are due and owing as per Clauses 5.1, 5.2 and 5.3 of this By-Law.

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