Mitigating Community Impacts of Mining Operations: Options for Local Governments from University of Victoria

Posted by Stop Ajax Mine on November 27th, 2012 6:26am

We foudn a paper written by the Environmental Law Centre at the University of Victoria that discusses ways to mitigate the impact of mining operations on communities. Here is the full document.

One thing to note is that our city councail has regularly stated that they don't have any control on the mine or the extraction of minerals within city limits. This is true, however, as page 9 states in this paper: 

As a final note, there is a similar Common Law doctrine that zoning bylaws cannot prohibit extraction of soil materials, because this would interfere with a “profit a prendre” – the right of a landowner to take from the land its physical components. (The idea being that a profit a prendre is an ‘interest’ in land, rather than a ‘use’ of land.)28 However, this doctrine also applies only to extraction, and not to post- extraction processing of materials.29

Page 9 states that municipalities do not have jurisction over the extraction of minerals, but they can control the processing of minerals.  Once the ore leaves the pit, the crushing and grinding, and disposal of tailings and all related facilities could be regulated, or perhaps even prohibited by the City of Kamloops.   


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