Reporter stakes his claim

Reporter turned free miner Brennan Clarke sets up equipment to
check out his claim on the Saanich Fairgrounds, one of several
claims he made online.

By Brennan Clarke
Victoria News
Nov 15 2006

New government rules make staking mining claims to regional landmarks as easy as 1-2-3

I'm going into the mining business.

Yessir, I figure mining has to pay better than journalism, so I bought me some subsurface mineral rights using the B.C. government's handy-dandy new online staking system.

Now I know most of the really valuable minerals are up north and in the Interior, but I prefer living in Victoria, so I thought I'd start by staking a few claims right here in town.

Since the rules prohibit mining activity within 200 feet of any buildings, I had to choose tracts of land large enough to ensure that the property owners' interests won't be unlawfully infringed upon when I bring in the heavy equipment.

Saanich Fairgrounds seemed like a logical choice, so I secured a chunk of that. As a matter of convenience I also grabbed the rights to part of Stelly's school, roughly in the area that now serves as the school's playing fields.

I'm a big fan of heritage properties, so I added 100 acres of Royal Roads University to the secured interests of my fledgling company. To round out my portfolio, I bought the rights to some Crown land bordering Goldstream Provincial Park.

All of this was made possible by Mineral Titles Online, the B.C. Liberal government's award-winning electronic system that allows prospective prospectors to purchase mining rights without ever having to leave the comfort of their own home.

What's more, it only cost me a grand total of $75.

Several weeks ago, spurred on by an article in the online newspaper The Tyee, I stopped by the mineral titles branch of the Ministry of Energy and Mines and Petroleum Resources and acquired a free miner's licence for $25. After familiarizing myself with the new system - staff were extremely helpful - I sat at my home computer on a Sunday afternoon, clicked on the areas I wanted to acquire, and received an electronic confirmation of my purchases within minutes. Total cost, at 17 cents an acre: $51.12

Even though the properties are owned by others, I now have the legal right to pound surveying stakes, spray paint the odd rock and otherwise mark my territory, as long as I don't venture within the aforementioned 200-foot buffer zone.

Five years ago, that would have been illegal. But in 2002, the Liberal government under Premier Gordon Campbell repealed a section of the Mineral Tenure Act prohibiting miners from "obstruction or interference" with activities on private land.

The move was one of several measures the Campbell government has taken to foster the growth of mining in B.C. The Liberals have spent more than $400 million on mining infrastructure, exploration and incentives in the past three years.

At the same time, the industry's revenues have increased six-fold over that time, with $600 million in tax revenue going into government coffers in 2005.

Many private property owners are unaware that subsurface title rights are separate from the fee- simple title they hold. It's a long-standing feature of our land title system that, while opposed by the odd libertarian-minded activist group, hasn't caused a great deal of controversy.

But in B.C. the new reality that miners are allowed to wander about on private land without the owners' permission has triggered some bizarre conflicts.

Last winter, Rock Creek area farmer Joe Falkowski looked on while a Vancouver company called Zena Capital Corp dug a 50,000-tonne hole in the ground and extracted a barite deposit from his land. Falkowski's previous appeals to provincial officials had all been rejected.

The Tyee story details the exploits of one Bruce Essington, a squatter in the hills outside Vernon who bought the mineral rights to 150 acres of his neighbour's property. Essington proceeded to mark his territory, occasionally prowling about after dark armed with night goggles and a rifle.

The neighbour, Rob Westie, appealed to the provincial gold commissioner, the man in charge of ensuring that miners operate within the law.

Despite a clause in the Mineral Tenure Act prohibiting "nuisance staking," the commissioner ruled that Essington's claim is legitimate. Government officials repeatedly told Westie he had no grounds for any kind of legal action.

Bob and Vicki Yorston, owners of Australian Ranch near Quesnel, are faced with a much more credible threat.

A year ago they received a visit from two representatives of West Hawk Development Corporation, who informed the Yorston's that they had acquired the coal mining rights to a large chunk of their ranch. The visitors expressed interest in building a coal gasification plant and proceeded to survey the area. The Yorstens could do nothing to stop them.

A month later, an information package arrived in the mail advising them, among other things, that the proposed mine and plant would be located on private property.

"It was just unbelievable," Vicki said. "They say it all has to go through the (agricultural) land reserve, but you just don't know. This government's so crazy."

In all, West Hawk's claims affects 19 different title owners

"We're absolutely 100 per cent against it," Vicki said

The coal deposits beneath Australian Ranch are believed to be of poor quality. Any actual mining activity, if it ever happens, is a long way in the future. But the Yorsten says it's unsettling to have the threat hanging over the family's head.

"It's really quite scary."

Just to make sure I stay within the letter of the law as I develop my claims, I called the people in charge of issuing mining permits in B.C.

They encouraged me - but said I'm not legally required - to notify the owner of the property before engaging in any "development" activities on the land.

"You have certain rights and the landowner has certain rights and neither party can infringe upon the other's rights," said the man on the phone, paraphrasing an age-old concept lifted from English common law.

As a courtesy, I called the North and South Saanich Agricultural Fair Society, which owns the Saanich Fairgrounds, but nobody responded to my request to visit my newly acquired mining site.

Anyway, that was just a courtesy. The Mine Tenures Act says I have to advise the landowner in writing when I'm planning to bring in mechanized equipment, but even then I don't require explicit permission.

However, should I decide to punch a mine shaft beneath the Saanich Fairgrounds - I'm a little short of capital at this point - I will have to strike a deal to compensate the owner for any damage to the land, government officials told me.

If we can't come to an agreement, the "mediation and arbitration board" would likely impose a deal on us.

Good community relations are important, the government official pointed out, because most small-time miners who hit the big one end up selling their interests to a major mining company. Few companies are interested in claims where community relations have been poisoned beforehand, he said.

"The system is designed to force you into an agreement with the landowner," he said.

First I have to find out if my land contains any valuable mineral deposits. A quick call to University of Victoria geology professor Dante Canil shed some light on my prospects.

He said the chances of striking gold on the Saanich Peninsula are slim, given that the area's subsurface consists of a huge shelf of contiguous granite. But maybe there's an outside chance of mining the granite and making a fortune selling headstones to dying baby boomers.

I'll try not to disrupt the students at Stelly's when I'm drilling for core samples.

Prof. Canil said Royal Roads University isn't likely to be a hotbed of mining activity either. My claim at Royal Roads is also complicated by rules noting that the approval process for mining national heritage sites is much more rigorous.

On the other hand, Construction Aggregates makes a fortune selling gravel off its nearby Producer's Pit that straddles Metchosin Road. (Technically, under the Mineral Tenure Act, gravel isn't considered a subsurface mineral; a separate licence is required to extract gravel.) You never know, in a decade or two the rules could change and Royal Roads could be redeveloped. And then nobody will be laughing at my $17 investment.

But my best bet is the bit of Crown land next to Goldstream Park, where, as the name suggests, panning for gold was once commonplace.

"It's called Goldstream for a reason," Prof. Canil said, noting that the gold discovered by early European settlers likely washed into the creek from the surrounding hills.

In general, mining activity on Vancouver Island is limited, he said, listing the now defunct copper mine near Jordan River and the Myra Falls operation near Campbell River as examples.

"The only economic thing that's going on locally is the Sooke Hills are prospective for gold, but they're not a huge target," Canil said.

Hmmmm- maybe I should get out my credit card and get back on the Internet.

Somewhere out there is a multi-million dollar claim with my name on it.

bclarke@vicnews.com