Placer miners on Vancouver Island allege forestry company blocking access to claimed land
Jeremy Woolsey moved back to Ladysmith, B.C., last year to continue his family's gold prospecting legacy.
He paid for a 63-hectare claim on designated placer mining land through the B.C government's website and drove over an hour with his expensive equipment to the remote site near Port Alberni.
But he found his land locked behind a gate owned by Mosaic Forest Management, a company with rights to much of Vancouver Island's timber.
"Legally, this is my claim. They own the rights to the timber. I own the rights to the minerals," said Woolsey. He recently joined the Vancouver Island Placer Miners Association, a large community of miners which is now embroiled in a dispute with the company for land access.
Miners must submit documentation
Woolsey said he's contacted the company multiple times but only received an email last September from property assistant Jenna MacDonald.
"Mosaic does not allow prospecting on the lands," it said.
She says free miners with a valid certificate are required to submit a Section 19 Notice under the Mineral Tenure Act, which would outline the location and type of work. If approved, they would be granted access on weekends.
Woolsey said he's shocked, especially when such a small amount of land on the island is designated for miners. He's submitted his Section 19 four times with no response.
MacDonald wrote that miners would only be permitted if "your claim is accessible without passing through a gate."
Section 14 of the Mineral Tenure Act states that a mining permit holder has the right to "enter and occupy the surface of a claim or lease for the exploration and development or production of ... placer minerals," including "all operations related to … the business of mining."
To enter private land, miners are required by law to give eight days notice prior to mining activity on their claim.
Paul Larouche, a placer miner from Victoria, said Mosaic recently asked all miners who had previously obtained keys to the gates to return them, with "no legitimate explanation," while those who fish and hunt still have access.
Mosaic says safety is priority
A statement from Mosaic says "safety is [its] highest priority," and "active harvesting and weather and road conditions are important considerations in the timing of gate openings."
"We are currently working to build agreements with free miner organizations to establish a single safe and co-ordinated approach," it said.
Michael Mullen, director of communications for the miners association said members are "passionate ... because it was something their fathers and grandfathers passed down to them … Not only are we as responsible as possible, 99 per cent of our members go out armed with only a shovel and a hand pan."
Hopeful for negotiations
The asociation's executive team would not comment until an agreement is reached with Mosaic, but an email sent to members last week reveals B.C.'s chief gold commissioner was consulted after unsuccessful attempts to contact Mosaic.
"There is no preemptive process to be undertaken besides efforts to continue negotiations with Mosaic, which we are attempting," wrote Mullen.
He said Mosaic's lack of engagement could be because the company is waiting for the outcomes of two other land disputes it's involved in at the Surface Rights Board of B.C., which has authority to issue orders on land access.
Mullen wrote that the gold commissioner advised all members to submit their Section 19 notices for 2020 to Mosaic immediately, and if they're denied, the commissioner could inquire with the company.
A statement from the Ministry of Energy, Mines and Petroleum Resources says that if the two parties cannot agree on terms of access after notice is served, and the commissioner is unable to resolve the dispute, the dispute may be appealed to the Surface Rights Board of B.C. for a final resolution.