OPEN LETTER: Protect farmland and private land from Bill-75

To: Premier Blaine Higgs

CC: MLA’s

We, the undersigned are very concerned by Bill-75, which includes an amendment to the Mining Act that would give prospectors leave to go onto private land (including farmland and private forests) without notification or permission of the landowner.

The amendment has serious implications to farmers, private woodlot owners, and private landowners, as a prospector using hand tools or taking samples equivalent to 2 kilograms or 2 litres would not be considered actual damage or interference to the use and enjoyment of the land. A prospector simply driving in fields, let alone tampering with soil and plants, can cause significant damage to the crops and livelihoods of farmers and create a biosecurity risk. Special management zones in private forests, often mandated by government regulation, contain unique and at-risk species, which can be compromised by unsanctioned activities.

Mining companies have often claimed they have little interest in mineral claims on cultivated land due to fertilizer and pesticide use, but New Brunswick farmers indicate that this is not true and regularly have stakes or prospectors on their land, particularly in Charlotte County. The agriculture and forest sectors have also raised concerns over the safety of prospectors, who are not trained or equipped to handle the onsite hazards.

As no consultation occurred with the agricultural or forestry industries, or the general public prior to the 1^st reading, 2^nd reading or Committee debate of this Bill, we believe there has been a breach of due process.

The Department of Energy and Resource Development has failed to communicate the proposed changes in Bill-75 and the implications to landowners. We, the undersigned are dismayed by the absence of consultation on the proposed changes and the repercussions for the agriculture and forestry sectors and private landowners. We request that the Mining Act protect the rights of farmland, private forests and private land, and that consultations now take place with the public and industries concerned.

Sincerely,