To apply for consolidation you may submit your request by letter. Be sure to clearly list the agreements and lands/rights you want to consolidate. Prior to applying ensure the agreements qualify for consolidation as per Information Letter (IL) 2010-10.
Indicate in the letter that if all consolidations are not approved, you may wish to withdraw the entire application. The administrator reviewing the agreements will then contact you to discuss your options.
Application for consolidation can be made anytime during the term of the agreements and before expiry of all the agreements. Please note all agreements being consolidated must be in the same term, as stated in IL 2010-10.
“Be in the same term” means that the agreements being consolidated must all either be in their intermediate term, primary term, or same continued term, such as all under a Section 15, or all under a Section 16 or all under a Section 17 or all under Section 82.1.
In the case of shallow rights reversion (Section 82.1 of the Mines and Minerals Act) agreements, would the following be considered in the ‘same term’?
Agreement A is continued indefinitely under Section 15; and
Agreement B was continued indefinitely under Section 15 but was served a notice under Section 82.1 or Section 18.
These agreements are not considered to be in the same term. Both agreements have to be continued indefinitely under Section 15 or both under notice pursuant to Section 82.1. Agreements under notice pursuant to Section 18 may not be consolidated because to do so may remove the obligation under notice from one agreement. That is not the purpose of consolidation.
No. Once a consolidation is finalized, it cannot be reversed. These are your options:
If the consolidation is areal, a partial land Transfer can be done.
If the consolidation is stacked, it cannot be transferred out. Once a consolidation of stacked agreements occurs, it cannot be reversed as the legislation does not provide for a partial transfer of rights.
No. The department does not prorate or adjust rental payments. The rental will be calculated on the basis of the area (number of hectares) of the agreement as it stands on the rental due date. Refer to Section 20(4)(b) of the Mines and Mineral Administration Regulation.