https://novascotia.ca/sns/paal/dnr/paal137.aspalso
https://nslegislature.ca/sites/default/files/legc/statutes/mineral%20resources.pdfApplication for surface access26
(1) Subject to subsection (3), a mineral right holder or prospectorwho is unable to obtain consent of the owner or occupier of private lands requiredunder Section 25 may apply, in the prescribed manner, to the Minister, after noticeto the owner or occupier, for surface access rights to pass over or enter upon andwork such lands.
(2) The Minister, in accordance with the prescribed process, maygrant surface access rights, in writing, on such terms and conditions as the Ministerdetermines, and may determine the amount of any compensation to be paid to theowner or occupier of the private land and the manner and time of such payment.
(3) The Minister may order the applicant for surface access rightsto post security for payment of the compensation and may prohibit, pending thedetermination of the proceeding or until the compensation is paid or secured, furtherentry upon or work by the applicant or a legal representative or other person actingon behalf of the applicant.
(4) Where the Minister is satisfied that the owner or occupier ofthe private land cannot be identified, located or contacted, the Minister may grantsurface access rights on the terms and conditions determined by the Minister.
(5) Where there are several owners or occupiers of the landssought to be entered upon or worked and there are, in the opinion of the Minister,special difficulties in effecting service of any notice under this Section, the Ministermay order substituted service in such manner as the Minister may determine.
(6) There is no appeal of the granting by the Minister of surfaceaccess rights, of the Minister’s determination as to the amount of compensation, ofany order for security or of any order, decision or ruling in respect of any of them.
(7) Where a licensee is delayed in the performance of work onland covered by the licence by refusal of the owner or occupier of the land to permitthe licensee to enter upon or work the land and the Minister has granted the licenseesurface access rights under this Section, the time within which the licensee isrequired to perform work under the licence is extended by a period equal to thedelay resulting from the owner’s or occupier’s refusal to permit the licensee to enterupon or work the land from the date the licensee makes an application under thisSection to the date the surface access rights are granted under this Section.
(8) The grant of surface access rights under this Section is a deci-sion made by the Minister and may be filed with the Supreme Court of Nova Scotiaunder Section 138. 2016, c. 3, s. 26; 2018, c. 14, s. 2.
(20min delay)