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Mining law is the branch of law relating to the legal requirements affecting minerals and mining. Mining law covers several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining.
An aspect of property law that is central to mining law is the question of who "owns" the mineral, such that they may legally extract it from the earth. This is often dependent on the type of mineral in question, the mining history of the jurisdiction, as well as the general background legal tradition and its treatment of property.
For instance, in many jurisdictions, rights to mine gold and silver are retained by the sovereign, as the two metals traditionally served as currency in many a given society.
In addition to ownership of the mineral, the method of extraction may affect nearby property owners. Subsidence (be it dramatic or subtle) results when a mine (or similar area) collapses or drops, causing above or nearby structures to drop with it, often damaging or destroying them. The issue of support rights determines the legal rights and relationships between parties in these situations.
Mining law varies both by the legal tradition of the jurisdiction, as well as the individual jurisdiction.
Mining law in Europe originated from medieval common law. From at least the 12th century, German kings claimed mining rights to silver and other metals, taking precedence over the local lords. But by the late Middle Ages, mining rights, known as the Bergregal were transferred from the king to territorial rulers. Initially, mining rights were granted orally or in writing by individuals. From the early 15th century, mining law was enacted by territorial rulers in the form of decrees or regulations (mining regulations or Bergordnungen ), which often remained in force until the 19th century. A new, far-reaching, legal basis was created with the General Mining Act for the Prussian States of 1865 (Allgemeines Berggesetz für die Preußischen Staaten von 1865), which, with local variations, was adopted in Brunswick (1867), Bavaria (1869), Württemberg (1874), Baden (1890) and other countries. With the exception of the Kingdom of Saxony, where a similarly important legal statute, the General Mining Act of the Kingdom of Saxony (Allgemeines Berggesetz für das Königreich Sachsen) came into force on 16 June 1868, it became law in all the larger states of Germany.
Unlike German mining law, in Great Britain and the Commonwealth the principle of mining by landowners prevails. The crown only lays claim to gold and silver reserves. In exceptional cases (e.g. where land ownership is divided) mining rights may be given to a third party, whereby the landowners have to be compensated. The mining company pays the landowner a lease, dead rent or a royalty. The rights to above- and below-ground minerals (as a rule quarries and mines) may be awarded separately. One exception among Commonwealth common law countries is Australian mining law, under which virtually all mineral rights are held by the Crown.
Mining law in the United States is also based on English common law . Here the landowner is likewise the owner of all raw materials to unlimited depth. However, the state retains rights over phosphate, nitrate, potassium salts, asphalt, coal, oil shale and sulphur, and a right of appropriation (not ownership) by the state for oil and gas. Sand and gravel come under the Department of the Interior.
In France and Belgium the Code civil is the basis for mining law.
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
Carl Friedrich Christian Mohs was a German chemist and mineralogist. He was the creator of the Mohs scale of mineral hardness. Mohs also introduced a classification of the crystal forms in crystal systems independently of Christian Samuel Weiss.
Mining in the engineering discipline is the extraction of minerals from the ground. Mining engineering is associated with many other disciplines, such as mineral processing, exploration, excavation, geology, metallurgy, geotechnical engineering and surveying. A mining engineer may manage any phase of mining operations, from exploration and discovery of the mineral resources, through feasibility study, mine design, development of plans, production and operations to mine closure.
The Bürgerliches Gesetzbuch, abbreviated BGB, is the civil code of Germany, codifying most generally-applicably private law. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project.
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use , joining it with previously acquired property, or by marking it as owned.
The General Mining Act of 1872 is a United States federal law that authorizes and governs prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. This law, approved on May 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in California and Nevada from the late 1840s through the 1860s, such as during the California Gold Rush. All citizens of the United States of America 18 years or older have the right under the 1872 mining law to locate a lode or placer (gravel) mining claim on federal lands open to mineral entry. These claims may be located once a discovery of a locatable mineral is made. Locatable minerals include but are not limited to platinum, gold, silver, copper, lead, zinc, uranium and tungsten.
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts.
Freeminer is an ancient title given to coal or iron miners in the Forest of Dean, Gloucestershire, England, who have earned the right to mine personal plots, known as gales.
Ernst August, Hereditary Prince of Hanover is the eldest child of Ernst August, Prince of Hanover, and his first wife Chantal Hochuli. Due to his father's second marriage, he is also the stepson of Caroline, Princess of Hanover, a Monegasque Princess and the sister of Albert II of Monaco.
Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership. Mineral rights can refer to sedentary minerals that do not move below the Earth's surface or fluid minerals such as oil or natural gas. There are three major types of mineral property: unified estate, severed or split estate, and fractional ownership of minerals.
Keystone Bituminous Coal Ass'n v. DeBenedictis, 480 U.S. 470 (1987), is a United States Supreme Court case interpreting the Fifth Amendment's Takings Clause. In this case, the court upheld a Pennsylvania statute which limited coal mining causing damage to buildings, dwellings, and cemeteries through subsidence.
Title 30 of the United States Code outlines the role of mineral lands and mining in the United States Code.
Australian mining law governs the exploration and extraction of minerals and petroleum in Australia. It differs substantially from the mining laws of other common law countries, the most important differences arising from the policy decision that the Crown should own all minerals.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary management relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
The Saxon Mining Office is the executive authority for mining rights in the German state of Saxony. It is also responsible for all non-metallic mineral resources on the terrain of the former East Germany.
A Bergamt or mining office is a mining supervisory authority in German-speaking countries below the level of the state. It exercises immediate supervision of all activities, facilities and equipment associated with mining within a mining district. This includes the promotion and monitoring of operational safety and workplace safety.
The Bergregal was the historic right of ownership of untapped mineral resources in parts of German-speaking Europe; ownership of the Bergregal meant entitlement to the rights and royalties from mining. Historically, it was one of those privileges that constituted the original sovereign rights of the king.
The Bergordnung were the mining regulations or law enacted in order to exercise the royal mining rights or Bergregal in central Europe in medieval times.
The main purpose of mining acts in law is to govern the structure of mining authorities and their responsibilities, the entitlement to mining and the oversight of safety in and around the mines. With the introduction of parliamentary legislative powers, they replaced the earlier mining regulations issued by royalty or nobility to their states and territories.
As a legal document, the broad form deed severs a property into surface and mineral rights. This allows other individuals or organizations other than the land owners to purchase rights to resources below the surface. These parties also receive use of surface resources — such as wood or water — to facilitate gathering the resources below ground. Based on English legal theory but an American creation from the early 1900s, the broad form deed was used by land and coal companies in many states within the Appalachian Region.
