Land tenure and modern mineral exploration

Abstract

Abstract Mining tenure is fundamentally different to other forms of land tenure in that the miner is more interested in what is under the ground than what is on it. Physical possession of the surface is mainly required for access, and for ancillary plant, and is of relatively short-term duration. Most legislation still reflects the old concept of a prospector “fossicking” for surface showings and “staking his claim” to a small parcel of land on which to make his living. It is shown that this concept is inadequate in terms of modern exploration methods; the increasing involvement of government; the problems of the environment and of land use rights; and the enormous capital requirements of modern mining operations. As a result Governments increasingly have tended to resolve the problems on an ad hoc basis, with unfortunate consequences for the community and the industry. What is needed is a rigorous reappraisal of the objective of mining legislation, and the formulation of new laws that: (a) respect the rights of the small operator, while at the same time permitting the large company to explore effectively; (b) are consistent with modern concepts of land use; and (c) provide unequivocal and clear cut guide lines for the industry to operate within.