Generally speaking, all Crown lands and all lands of which the minerals are reserved to the Crown are open to prospecting and staking out if not already taken up. But there are a few exceptions; see sect-ions 34-43; and there are special provisions applying to lands in Crown forest reserves and lands under timber license; see sections 44 - 47. To prospect in a forest reserve a prospecting permit as well as a miner's license is necessary; and to work either in a forest reserve or upon lands under timber license leave of the Min ister must be obtained. In all cases where only the mining rights are in the Crown, the prospector and miner must com pensate the surface owner for all injury or damage to the sur face rights; section 104. Where no one else is entitled to the surface rights the miner gets these as well as the minerals, except that pine timber is reserved, and except that in forest reserves leases with provisions fixed by the Department are granted instead of patents.

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