Mining law is the branch of

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

relating to the legal requirements affecting

mineral In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid substance with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. (2011): Mi ...

s and

mining Mining is the Resource extraction, extraction of valuable geological materials and minerals from the surface of the Earth. Mining is required to obtain most materials that cannot be grown through agriculture, agricultural processes, or feasib ...

. 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 Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...

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 ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...

, 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 Subsidence is a general term for downward vertical movement of the Earth's surface, which can be caused by both natural processes and human activities. Subsidence involves little or no horizontal movement, which distinguishes it from slope mov ...

(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

medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of World history (field), global history. It began with the fall of the West ...

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

. 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 The ''Bergregal'' () was the historic property rights (economics), right of ownership of mining law, untapped mineral resources in parts of German-speaking Europe; ownership of the ''Bergregal'' meant entitlement to the mineral rights, rights and ...

'' 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 ''

Bergordnung 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. See also * Bergrecht * Bergregal Literature * Hermann Brassert (ed.): ''Berg-Ordnu ...

en''), 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 Bavaria, officially the Free State of Bavaria, is a States of Germany, state in the southeast of Germany. With an area of , it is the list of German states by area, largest German state by land area, comprising approximately 1/5 of the total l ...

(1869),

Württemberg Württemberg ( ; ) is a historical German territory roughly corresponding to the cultural and linguistic region of Swabia. The main town of the region is Stuttgart. Together with Baden and Province of Hohenzollern, Hohenzollern, two other histo ...

(1874),

Baden Baden (; ) is a historical territory in southern Germany. In earlier times it was considered to be on both sides of the Upper Rhine, but since the Napoleonic Wars, it has been considered only East of the Rhine. History The margraves of Ba ...

(1890) and other countries. With the exception of the

Kingdom of Saxony The Kingdom of Saxony () was a German monarchy in Central Europe between 1806 and 1918, the successor of the Electorate of Saxony. It joined the Confederation of the Rhine after the dissolution of the Holy Roman Empire, later joining the German ...

, 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.

Today

*In Germany, under Article 74 (1) no. 11 of the Basic Law

Basic Law A basic law is either a codified constitution, or in countries with uncodified constitutions, a law designed to have the effect of a constitution. The term ''basic law'' is used in some places as an alternative to "constitution" and may be inte ...

, 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

Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...

and the

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...

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 A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...

, dead rent or a

royalty Royalty may refer to: * the mystique/prestige bestowed upon monarchs ** one or more monarchs, such as kings, queens, emperors, empresses, princes, princesses, etc. *** royal family, the immediate family of a king or queen-regnant, and sometimes h ...

. 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 The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

is also based on English ''

''. 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 The United States Department of the Interior (DOI) is an executive department of the U.S. federal government responsible for the management and conservation of most federal lands and natural resources. It also administers programs relatin ...

Mining law in French-speaking countries

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

and

Belgium Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...

the '' Code civil'' is the basis for mining law.

References

Literature

* Reinhart Piens, Hans-Wolfgang Schulte, Stephan Graf Vitzthum: ''Bundesberggesetz. (BBergG). Kommentar.''

Kohlhammer Verlag W. Kohlhammer Verlag GmbH, or Kohlhammer Verlag, is a German publishing house headquartered in Stuttgart. History Kohlhammer Verlag was founded in Stuttgart on 30 April 1866 by . Kohlhammer had taken over the businesses of his late father-in-la ...

, Stuttgart, 1983, . * Raimund Willecke: ''Die Deutsche Berggesetzgebung. Von den Anfängen bis zur Gegenwart.'' Glückauf, Essen, 1977, . * Eduard Kremer, Peter U. Neuhaus gen. Wever: ''Bergrecht.'' Kohlhammer Verlag, Stuttgart, u. a. 2001, . * 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

* Entry about Austrian Mining Law at : Austria-Forum, dem österreichischen Wissensnetz – online (auf AEIOU) {{Authority control