Nova Scotia steps over private landowner to allow for lithium exploration

The Nova Scotia government has recently made a decision to invoke a rarely used legal provision to grant an Australian company, Continental Lithium, permission to explore for lithium on private woodland without the landowners’ consent. This move comes after negotiations between the company and the owners of over 1,200 hectares of woodlands in southwest Nova Scotia became prolonged and unproductive.

Continental Lithium, a subsidiary of Manhattan Corporation, had previously conducted drone surveys in an area known as the “Big Betty Prospect.” Despite attempting to secure a land access agreement last year, the company faced challenges in reaching an agreement with the landowners. As a result, they sought intervention from the provincial government, which was granted at the end of January.

In a media release, Continental Lithium expressed gratitude to the province for its decision, hailing it as a “visionary approach” to managing competing land-use interests and supporting the development of the critical minerals sector in Nova Scotia. The company plans to proceed with exploration work, including surface sampling and investigative drilling, following the government’s approval.

The land access was granted shortly after Premier Tim Houston announced a focus on increasing natural resource development as part of his mandate priorities. With the aim of enhancing economic self-reliance, the government sees the extraction of natural resources as a key strategy in mitigating external economic pressures.

This decision marks the first time that Section 26 of the Mineral Resources Act has been invoked by Natural Resources Minister Tory Rushton since assuming office in the fall of 2021. This provision empowers the minister to grant access to private lands for mineral exploration when landowners and mineral rights holders fail to reach an agreement.

While the land in question is owned by Green Bear Woodland and managed by Vladi Private Islands, concerns have been raised by industry experts regarding the implications of such actions. Patricia Amero, a registered professional forester and general manager of Western Woodlot Services Cooperative, emphasized the need for fair compensation for landowners impacted by mineral exploration activities.

Amero highlighted the sentimental value that many landowners attach to their properties, making compensation not solely a financial matter. She also expressed apprehension about the potential consequences of commercial mining and expropriation on private woodlands. Despite these concerns, Minister Rushton did not mandate compensation in this instance, leaving the matter unresolved.

As the exploration work progresses, the future implications of the government’s decision remain uncertain. The balance between economic development and environmental conservation continues to be a point of contention, underscoring the complex relationship between resource extraction and land ownership in Nova Scotia.