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Mining Law
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. Subs ...
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General Mining Act Of 1872
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 (hard rock) 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. Western miners' codes Miners and prospectors in the California Gold Rush of 1849 found themselves in a legal vacuum. Although the US federal governmen ...
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Mineral
In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid chemical compound with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. (2011): Minerals'; p. 1. In the series ''Geology: Landforms, Minerals, and Rocks''. Rosen Publishing Group. The geological definition of mineral normally excludes compounds that occur only in living organisms. However, some minerals are often biogenic (such as calcite) or are organic compounds in the sense of chemistry (such as mellite). Moreover, living organisms often synthesize inorganic minerals (such as hydroxylapatite) that also occur in rocks. The concept of mineral is distinct from rock, which is any bulk solid geologic material that is relatively homogeneous at a large enough scale. A rock may consist of one type of mineral, or may be an aggregate of two or more different types of minerals, spacially segregated into distinct ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Mining Act
The main purpose of mining acts (german: Berggesetze) 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. See also *''Bergamt'' - German mining office *'' Bergrecht'' - mining law *''Bergregal'' - mining rights *''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-Ordn ...'' - mining regulations * Mining law External links Legal text of the German Federal Mining ActGeneral Mining Act for the Prussian States (''Allgemeines Berggesetz für die Preussischen Staaten. of 24 June 1865'' in the: ''Zeitschrift ...
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Law On Mining Concessions
The Chilean Organic Constitutional Law on Mining Concessions ( es, Ley Orgánica Constitucional sobre Concesiones Mineras) distinguishes two types of mining concessions exploratory concessions and exploitation concessions. The law was submitted in August 1981 by Augusto Pinochet to the Government_Junta_of_Chile_(1973), Government Junta which was the legislative body of Military dictatorship of Chile (1973–90), the dictatorship. It was approved on January 7 and rectification (law), rectified on January 22 and 23 of 1982. José Piñera, who was Ministry of Mining (Chile), minister of mining in 1980 and 1981, declared the Law on Mining Concessions together with the Chilean Mining Code were done to give "free access" and "judicial security" to private investors. Key articles of the law state that: *Both exploratory and exploitation concessions are Real property, real rights distinct and independent of the real estate on the surface (Article 2). *There is no depth limit on the concessi ...
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Bergamt
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. This includes the promotion and monitoring of operational safety and workplace safety. Germany In Germany, the legal basis for the supervision of mining operations is the Federal Mining Act (''Bundesberggesetz''). The states are responsible for the execution of the act through their respective state authorities which are: * Freiburg Regional Authority (''Regierungspräsidium Freiburg'') for Baden-Württemberg *North Bavaria Mining Office (''Bergamt Nordbayern'') and South Bavaria Mining Office (''Bergamt Südbayern'') for Bavaria *State Office of Mining, Geology and Raw Materials (''Landesamt für Bergbau, Geologie und Rohstoffe'') for Berlin and Brandenburg *State Office of Mining, Energy and Geology (''Landesamt für Bergbau, Energie und Geologie'') for Br ...
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Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to the southwest, and the North Sea to the northwest. It covers an area of and has a population of more than 11.5 million, making it the 22nd most densely populated country in the world and the 6th most densely populated country in Europe, with a density of . Belgium is part of an area known as the Low Countries, historically a somewhat larger region than the Benelux group of states, as it also included parts of northern France. The capital and largest city is Brussels; other major cities are Antwerp, Ghent, Charleroi, Liège, Bruges, Namur, and Leuven. Belgium is a sovereign state and a federal constitutional monarchy with a parliamentary system. Its institutional organization is complex and is structured on both regional ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ...
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Department Of The Interior
The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the management and conservation of most federal lands and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States, as well as programs related to historic preservation. About 75% of federal public land is managed by the department, with most of the remainder managed by the Department of Agriculture's Forest Service. The department was created on March 3, 1849. The department is headed by the secretary of the interior, who reports directly to the president of the United States and is a member of the president's Cabinet. The current secretary is Deb Haaland. Despite its name, the Department of the Interior has a different ro ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation.Guidelines for Evaluation of Transfer of Technology Agreements, United Nations, New York, 1979 A royalty interest is the right to collect a stream of future royalty payments. A license agreement defines the terms under which a resource or property are licensed by one party to another, either without restriction or subject to a limitation on term, business or geographic territory, type of product, etc. License agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of franchise agreements have comparable provisions. N ...
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