The Department of Energy and Mines is responsible for enforcing all terms and conditions of quarry permits, leases, and exploration approvals issued for quarry tenure. Compliance is monitored through on-site inspections by quarry compliance officers. These inspections may result in the issuance of inspection reports with directives for remedial actions, and when appropriate, Stop Orders or litigation.
Inspections
- Quarry compliance officers conduct inspections routinely throughout the construction season, often in conjunction with other regulatory and enforcement bodies such as Government Services (e.g., Environmental Protection Officers, OHS), municipalities, etc.
- There are three full-time quarry compliance officers located throughout the province:
- Eastern Region: QuarryInspections_Eastern@gov.nl.ca
- Central Region: QuarryInspections_Central@gov.nl.ca
- Western and Labrador Region: QuarryInspections_Western-and-Labrador@gov.nl.ca
- The scheduling of an inspection of a quarry site may be based on any one or combination of the following factors:
- Concerns raised by the public, municipalities or other government departments and agencies
- The need to follow-up on the status of remedial actions directed from a previous inspection
- Significant construction projects underway in the surrounding area
- A review of aerial imagery indicating notable changes or development since the last inspection.
- The amount of time that has passed since the previous inspection.
- Operational efficiency—when inspecting one site, other quarries in the same area may be inspected at the same time.
- The inspector will visit the site and record their observations by taking notes and pictures of the site.
- A summary of the inspection will be provided to the operator through one of or all the following methods:
- Inspection Report: summarizes compliance with the terms and conditions of the permit or lease, along with directives to address non-compliant findings with deadline dates. A blank copy of the Inspection Report Form is available from our Library Section <<WebLink to Library section>> for reference.
- Notice of Inspection: The inspector may forward an email summarizing non-compliance concerns that require attention. If no concerns are identified, you may receive an email notifying you that the site was inspected and no outstanding items were identified.
- Stop Order: The inspector may issue a Stop Order when there are significant non-compliance issues such as unauthorized quarrying, environmental or safety concerns.
Enforcement
- Quarry compliance officers are authorized to issue Stop Orders if they are of the opinion that the activity or operation of a quarry is being carried out which contravenes the terms and conditions of the quarry permit, lease or subordinate permit.
- Stop Orders may also direct immediate rehabilitation.
- The Stop Order will be sent by email to notify you of the requirement to cease operations IMMEDIATELY. A copy of the Order is then sent via registered mail.
- A person or company that disobeys a Stop Order is guilty of an offence if convicted, may be subject to a fine of not less than $10,000 and no more than $50,000 or between 30 days and 6 months imprisonment.
- Each day of operation while a Stop Order is in place, or a timely effort at rehabilitation has not been conducted, is considered a separate offence.
- Fines and royalties from illegal quarrying are paid through the Quarry Royalties-Subordinate Permits and Miscellaneous section of the Online Services page from the Department of Government Services Website.
Illegal Quarrying
- The excavation and removal of quarry materials from a site must be authorized by a quarry permit or lease. If it is determined that materials are produced without the necessary approvals, then it is considered illegal quarrying and may be subject to the payment of royalties for the amount removed from the site, a Stop Order may be issued, and charges may be laid.
- Excavation outside the approved quarry boundaries is also considered illegal quarrying. In these instances, a Stop Order may be issued with the direction to cease operations, mark the permit boundary limits, and rehabilitate the disturbed areas outside the boundary.
- The development of privately owned land for the purpose of site development (e.g., to level a property prior to constructing a building) does not require a quarry permit or lease. Instead, approval must be obtained from the municipality (e.g., development permit).
- A person or company convicted of illegal quarrying may be liable for fines and other penalties such as:
- First Offence: fine between $2,000 and $10,000 per offence or imprisonment for 30 to 90 days, or both.
- Subsequent Offences: fine between $10,000 and $50,000 per offence imprisonment for 30 to 90 days, or both.
- Each day or part of a day of illegal quarry operation constitutes a separate offence.
- In addition to fines, offender may have to rehabilitate the area to the satisfaction of the Minister of Energy and Mines.
- Fines and royalties from illegal quarrying are paid through the Quarry Royalties-Subordinate Permits and Miscellaneous section of the Online Services page from the Department of Government Services Website.
Complaints
- The most effective way to inquire about a concern with a quarry operation is to email one of our quarry compliance officers at:
- Eastern Region: QuarryInspections_Eastern@gov.nl.ca
- Central Region: QuarryInspections_Central@gov.nl.ca
- Western and Labrador Region: QuarryInspections_Western-and-Labrador@gov.nl.ca
- You can also call the quarry compliance officers directly with your concern; however, you may be asked to follow up with an email.
- When contacting the Department with your concerns, please be prepared to provide a detailed description of where the activity is occuring.
- Additional information that is helpful, if available:
- the operator or name on equipment,
- photographs or video that relate to your concerns,
- a screen capture of the quarry location using satellite imagery from a program like Google Earth or Google Maps.
- Complaints and concerns are evaluated and investigated by the quarry compliance officers, and prioritized based on the significance of the issue.
You may be contacted directly if more information is needed.
- The most effective way to inquire about a concern with a quarry operation is to email one of our quarry compliance officers at: