Mining law
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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.
Topics
Ownership
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.
Support
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.
By country
Mining law varies both by the legal tradition of the jurisdiction, as well as the individual jurisdiction.
Mining law in German-speaking countries
Mining law in Europe originated from
Today
- In Germany, under Article 74 (1) no. 11 of the Basic Law Basic Law, mining law is subject to concurrent legislation. The central legal standard is the Federal Mining Act (Bundesberggesetz).
- In Austria the legal basis is quite similar to German law. The primary legislation since 1 January 1999 has been the Mineral Raw Material Act (Mineralrohstoffgesetz) or MinroG.
- In Switzerland mining law is a cantonal business and governed by cantonal law.
- Mining law in Liechtenstein is restricted to just a few minerals (metallic ores, fossil fuels and related materials like graphite, anthracite, stone coal, lignite, slate coal, asphalt, bitumen and mineral oils, sulphur, rock salt and salt springs) and governed mainly by the Liechtenstein Property Act, articles 484 to 497. As in Switzerland mining in Liechtenstein is no longer important and the regulations in the property act are largely only procedural regulations.
Mining law in English-speaking countries
Unlike German mining law, in
Mining law in the
Mining law in French-speaking countries
In
See also
- Bergamt - German mining office
- Bergregal - Medieval mining rights and royalties
- Bergordnung - German mining regulations
- Law on Mining Concessions (Chile)
- Mining act
- General Mining Act of 1872 (United States)
- Minerals and Mining Law of 1986 (Ghana)
- Environmental impact assessment
References
Literature
- Reinhart Piens, Hans-Wolfgang Schulte, Stephan Graf Vitzthum: Bundesberggesetz. (BBergG). Kommentar. ISBN 3-17-007505-5.
- Raimund Willecke: Die Deutsche Berggesetzgebung. Von den Anfängen bis zur Gegenwart. Glückauf, Essen, 1977, ISBN 3-7739-0210-7.
- Eduard Kremer, Peter U. Neuhaus gen. Wever: Bergrecht. Kohlhammer Verlag, Stuttgart, u. a. 2001, ISBN 3-17-016287-X.
- Julius Hesemann et al.: Untersuchung und Bewertung von Lagerstätten der Erze, nutzbarer Minerale und Gesteine (= Vademecum 1). Geologisches Landesamt Nordrhein-Westfalen, Krefeld, 1981, pp. 95–105: Abschnitt: Rechtsverhältnisse (Berggesetzgebung).
External links
- Rechtliches.de: Bergrecht – Deutsche Rechtsnormen zum Bergrecht
- BMWFJ.gv.at: Rechtsgrundlagen Bergbau[permanent dead link]
- Entry about Austrian Mining Law at : Austria-Forum, dem österreichischen Wissensnetz – online (auf AEIOU)