Mining and Exploration
Rights
The process of acquisition
of land for exploration or mining varies
throughout the world. The process can involve the negotiation of agreements with
existing private owners, the outright purchase, the staking of lands, or acquisition
from the government of these rights under a licence or other form of permit. Environmental
regulation may restrict licensing and can lead to delays of five years or more
in obtaining provisions.
In the United States, mineral
rights pass with the surface estate and consequently many mineral deposits are
privately owned. Lease areas or claims can also be staked and maintained by working
the project and subsequently title to the deposit
and surface estate can be acquired.
In Canada, the right to explore
or mine is granted according to each provincial mining act but in general the
mineral estate is severed from the surface estate. In British Columbia, for example,
rights to mine gold from a claim area are acquired in the form of either a placer
lease or a mineral lease.
In Australia, all gold mineral
rights are vested in the Crown, with the individual state governments granting
mining rights. A miner’s right is usually sufficient to explore Crown lands, although
further approval is required for private lands. The situation has been complicated
by the Native Title Act of 1993 which confirmed the right of aboriginal people
to apply for title to land. The act takes precedence over the Australian Mining
Act of 1978, except where a full mining lease has already been granted. An exploration
lease can be invalidated by subsequent claims of native title.
In South Africa, mineral rights
and prospecting rights in respect of precious
metals are granted by the government. The government may grant a prospecting or
mining lease for consideration of a lease payment.