Oak Island Treasure Act

CHAPTER 39

OF THE

ACTS OF 2010

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Regulate the Searching for Treasure
on Oak Island in Lunenburg County
and to Repeal Chapter 477
of the Revised Statutes, 1989,
the Treasure Trove Act

Short title

1 This Act may be cited as the Oak Island Treasure Act. 2010, c. 39, s. 1.

Interpretation

2 In this Act,

(a) "licence" means a licence issued pursuant to this Act;

(b) "Minister" means the Minister of Natural Resources;

(c) "Oak Island" means Oak Island in Mahone Bay near Western Shore, in the County of Lunenburg, above the ordinary high water mark but does not include the causeway leading to the island;

(d) "treasure" means precious stones or metals in a state other than their natural state. 2010, c. 39, s. 2.

Supervision and management of Act

3 (1) The Minister has the general supervision and management of this Act.

(2) The Minister may from time to time designate a person to act on behalf of the Minister. 2010, c. 39, s. 3.

Issuance of licence

4 (1) The Minister may, from time to time, issue a licence to any person granting to that person the right on all or any part of Oak Island, as specified in the licence, to search for treasure and to recover and retain the same upon the payment to the Minister of a royalty at such rate as the Minister may prescribe.

(2) The Minister may not grant a new licence for any part of Oak Island while a licence is in effect for that part, except to the current holder of a licence for that part.

(3) The Minister may prescribe the terms and conditions of a licence. 2010, c. 39, s. 4.

Renewal of licence

5 The Minister may renew a licence before its expiry, subject to such terms and conditions as the Minister may determine. 2010, c. 39, s. 5.

Revocation of licence

6 Upon being satisfied that there has been breach of or failure to perform any terms or conditions of a licence by the holder of the licence, the Minister may revoke the licence. 2010, c. 39, s. 6.

Transfer or assignment of licence

7 No licence may be transferred or assigned without the written permission of the Minister. 2010, c. 39, s. 7.

Duty to report

8 When any person, whether or not the holder of a licence issued under this Act, discovers or recovers any treasure on Oak Island, that person shall immediately make a report in writing, verified upon oath, to the Minister setting out full particulars of

(a) the treasure discovered or recovered;

(b) the location of the discovery; and

(c) the place at which the treasure may be inspected by the Minister or by some person on the Minister's behalf. 2010, c. 39, s. 8.

Retention of treasure upon payment of royalty

9 Upon payment of a royalty at the rate prescribed by a licence, the Minister may confirm to the holder of the licence the right to retain for the licence holder's own use and benefit any treasure discovered and recovered by the holder of the licence within the area covered by the licence. 2010, c. 39, s. 9.

Entry and search upon Crown lands

10 The holder of a licence may, in accordance with the terms and conditions of the licence, enter and search upon Crown lands within the area covered by the licence. 2010, c. 39, s. 10.

Condition before entry and search upon private lands

11 The holder of a licence shall not enter or search upon private lands except with the consent of the owner, tenant or occupant of the lands. 2010, c. 39, s. 11.

Regulations

12 (1) The Governor in Council may make regulations

(a) defining any word or expression used but not defined in this Act;

(b) further defining a word or expression defined in this Act;

(c) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 2010, c. 39, s. 12.

Existing licences under the Treasure Trove Act

13 Upon the coming into force of this Act, a licence issued pursuant to the former Treasure Trove Act in respect of all or part of Oak Island, and in effect immediately before the coming into force of this Act, continues under, and subject to, this Act for one year in accordance with its terms and conditions, other than its expiry, unless it is earlier revoked pursuant to this Act or surrendered by the holder of the licence. 2010, c. 39, s. 13.

Special Places Protection Act amended

14 and 15 amendments

Repeal of Treasure Trove Act

16 Chapter 477 of the Revised Statutes, 1989, the Treasure Trove Act, is repealed. 2010, c. 39, s. 16.

Effective date

17 This Act has effect on and after January 1, 2011. 2010, c. 39, s. 17.

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