Who owns mining rights

Further enquiry was needed by reviewing any documents from before the land was registered. The family had a long association with the land and they were able to send me a couple of boxes of old deeds and conveyances. With a little research I was able to identify the chain of title to the farm nearest to the area of interest to the mineral prospectors. From this it became apparent there was a 19th Century Conveyance containing an exception and reservation of mineral rights, in favour of the then current representative of a well-known Cornish landed family.

It was clear from the wording very carefully set out in copperplate handwriting that the surface owner, on suffering damage, destruction or loss as a result of mining activity founded on the reserved mineral rights, was entitled to proper compensation for such losses.

It is also important to find out whether or not compensation would be payable in the event of mining occurring and resulting in the destruction of the surface of the land. If you need any help to work out who owns mineral rights in your land, please get in touch.

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Ownership types While Alberta has surface rights owners and mineral rights owners, some individuals or organizations may own rights to both. Was this page helpful? Yes No. All fields are required unless otherwise indicated. Unless the land rights holder also holds a mining licence, it will not have the right to mine the minerals in the ground. IUPs can be granted to:.

Unfortunately, it does not provide any definition of proprietorship or elucidate this change. An IUPE covers the general survey, exploration and feasibility study stages, while an IUPOP covers the construction, mining, processing and refining stages, as well as transportation and sales.

An IUPK holder is permitted to mine in a special mining business licence area that is located in a state reserve. However, state-owned and regional-owned enterprises have priority over private entities when it comes to obtaining an IUPK.

Before applying for an IUP, the applicant must participate in a tender process organised by the MEMR or governor, depending on the location of the mining area to be tendered, to obtain a mining business permit area WIUP.

An IUPK will be granted after the mining company has secured a special mining permit area WIUPK through a competitive bid for metal minerals and coal or through an application for non-metal minerals.

Based on article of the Mining Law Amendment, the processing and refinery activities can be done by IUP or IUPK holders integrated with their mining activities or by entering into a cooperation with other IUP or IUPK holders that own processing and refinery facilities, or with other companies that run processing and refinery activities that are not integrated with mining activities and that operate based on the licence issued in accordance with the laws and regulations on industry.

You can find the full chapter here. This publication is intended for informational purposes only and does not constitute legal advice. Sign up for the SSEK newsletter to stay up to date with the latest legal developments in Indonesia, upcoming events you might be interested in and firm news.