Agreement nearing on free entry staking: city official
It shouldn't be "too long” until the Yukon government and the City of Whitehorse reach an agreement about free-entry mineral staking in residential areas, says the city's manager of planning.
It shouldn't be "too long” until the Yukon government and the City of Whitehorse reach an agreement about free-entry mineral staking in residential areas, says the city's manager of planning.
Mike Gau said in an interview today the timeline isn't definite but "it shouldn't be much longer” before a solution is tabled to deal with staking in "non-industrial use” areas of the city.
He said city administration and officials from the Yukon government have been going over Whitehorse's Official Community Plan policies.
They are working on a map to determine areas that might be appropriate for staking and areas where there should be either a full or partial withdrawal of claims.
"We would examine a large setback from any non-industrial use, for example, so residential, from all our neighbourhoods and private property,” said Gau.
Jan Stick, the NDP critic for Health and Social Services, and Economic Development, raised concerns Tuesday in the legislature from citizens about staking on private property.
"Our office has received numerous calls from Yukoners concerned that free-entry mineral staking has infringed on the reasonable enjoyment of their property,” said Stick.
"The residents of Spruce Hill, Mary Lake, and Golden Horn have had significant staking going on in their backyards. Of course, we all know about the free-entry staking at the Whitehorse Cross Country Ski Club.”
In an interview today, Stick said the NDP started receiving calls from citizens concerned about the staking when her party began working as the official Opposition in the fall of 2011.
During question period, she asked Brad Cathers, the Minister of Energy, Mines and Resources, for an update on discussions with the City of Whitehorse.
Cathers said, "We are having some discussions about the manner in which, through the Official Community Plan and the structure that exists within the municipality, we may be able to reduce conflicts and have certain areas where staking does not occur.
"Those discussions are ongoing, but that's about all I can say to the member about the status at this point.”
Stick noted that "the issue of free-entry mineral staking within municipalities is really about a municipality government's right to defend its citizens' rights to reasonable enjoyment of their properties.”
"Under the Quartz Mining Act, there are a number of activities that do not require any type of environmental assessment: a camp of up to 10 people for 250 days, storage of 5,000 litres of fuel — these are but a few,” she said.
"These activities can happen on private land, except land falling under a building and within its curtilage.”
Cathers reiterated the government is in discussions with the city to limit quartz staking within city limits.
"We are having discussions right now respecting existing claim rights that are within the City of Whitehorse, but looking at opportunities between the Yukon government and the City of Whitehorse,” the minister said.
"Land activities within municipal boundaries are subject to municipal zoning regulations, so contrary to what the member described, the municipality does have some ability to restrict and manage those activities, but we are talking about taking further steps to prevent conflicts or future conflicts within the City of Whitehorse,” he said.
Since January, 4,638 new claims have been staked in the Yukon.
In 2011, there were 114,587 quartz mining claims staked, up 31, 236 from the 83,261 claims staked in 2010.
Records indicate that up until 2010, 16,000 claims in a year was typically considered busy.
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