Mineral Rights Legal Systems Governing Exploration and Exploitation

Abstract: The objective of this thesis is to examine the legal procedures and systems concerning granting or possessing mineral rights, and how such rights may be exercised, particularly given the diametric interests of land use, ownership and land tenure. The study, comparative in its nature, aims at highlighting the similarities and differences between the countries and states of comparison, and thereby identify interesting solutions of issues relating to the granting and exercising of mineral rights.The study examines mineral rights and different legal systems regulating mineral exploration and exploitation. The focus is on mining and mineral legislation and its application, including the exercise of mineral rights. The systems chosen are those of Sweden, Finland and the states of Ontario and Western Australia.The main result is generated by the comparison dealing with the application, granting and possession of mineral rights related to the development of a mine. Several processes are thereby identified. In addition, the content and extent of the different rights and obligations related to exploration and exploitation activities are examined, as well as land areas open or closed for the exercise of these rights.The legal processes concerning granting mineral rights are in fact complex as evidenced by this work, particularly when land-use and environmental legislation is taken into account. The perception of a good balance in legislation between diametric interests of land use, ownership and land tenure is heavily linked to the view of sustainable development. The difficulties of achieving this are confirmed by the countries and states compared. The continuous change of mineral legislation during the course of this study is an indication of the complexity of the topic.