By mountain right one understands the legal regulations, which concern the mining industry. In Germany the mountain right is subject to 1 No. 11 GG of the competitive legislation in accordance with exp. The central legal rule is the federal mountain law.

German mountain right

The German mountain right developed from medieval customary law. First it was only verbally delivered, or laid down in writing by private people. Since beginning 15. Century it was issued by the national gentlemen in the form of regulations.

Since 1 January 1982 the federal mountain law in the Federal Republic of Germany (BBergG) applies. On 3 October 1990 its effective range was expanded also since the area of the former GDR. It combines essentially the earlier national mountain laws, like for example the general mountain law for the Prussian states of 1865, or the law into the development of oil and other as well as the regulation over visiting and production of mineral of 1934, and replaces these regulations at the same time.

The federal mountain law is based on the principle of the mountain liberty. That is, as in former times the king or national gentleman a sovereignty right over certain ores and salts exercised (mountain shelf), whose dismantling it other persons against a delivery (mountain tenth, mountain downward gradient) permit could, then lies also today still the mine property at the state, and not with the property owner. The state keeps itself the right of the exploitation of stores forwards (mountain-free however the property owner has requirement on remuneration, if he must for example its country for the building of mine plants transfers. Also the terrestrial heat (Geothermie) is considered as mountain-free. Excluded from the mountain liberty are only some few mass raw materials, like sand, gravel, natural stones or peat (basicown but only so long, as they are not won in the foundation engineering. In the former GDR these raw materials applied likewise as mountain-free. Collecting mountain-free minerals for training purposes or private collections is however everyone permitted.

With fully researching the federal territory after usable mineral stores, their investigation, as well as the collection and treatment of their results the geological institutes of the countries (national offices) are assigned. They are subordinate to the Federal Minister for Economic Affairs.

The federal mountain law differentiates between visiting (dig), profits and preparing Each prospective customer requires for it permission, and/or grant of the responsible in each case local mining authorities. There it can set also to award of mine property. For permission and grant annual field and mining royalties are to be paid. The maximum size of a lent field amounts to 2.2 million square meters and reaches up to the "“eternal Teufe"”, i.e., theoretically up to the center of the earth. For mountain damage the mine operator is responsible.

Apart from the use of mineral raw materials the federal mountain law regulates also the establishment and the enterprise of underground camps for radioactive substances.

In Austria the legal bases are rather similar to the German right. On 11 April 1975 the today valid mountain law was issued there. For visiting, profits and preparing mineral raw materials thereafter a grant of the respective mountain main crews is necessary. In addition, to the basicown belong still magnesite, asbestos and quartz.

Anglo-saxon right circle

Contrary to the German mountain right usually the principle of the property owner mining industry applies in Great Britain and in the Commonwealth. The crown lays only claim on gold and silver stores. In exceptional cases (for example with splintered landed property) rights of exploitation can be assigned however on third, whereby the property owners must be compensated. The mining company pays a lease (lease) to the owner, a firm interest (DEAD rent), or a mining royalty (royalty). The rights to upper and underground (usually quarries and mines) can be assigned separately from each other.

In the countries of the Commonwealth (like for example Canada, New Zealand, Australia, India, Pakistan, Malaysia, South Africa, and many different) minerals (except gold and silver) can be against an annual fee. The capture of a field (claim) on public country takes place usually via the find, marking of the place of discovery, the field mapping and finally via the entry into the official register. In Canada the mining industry Ministry (Minister OF Natural Resources) leads the supervision of mountain and gives licenses and concessions. The folder ion license applies to one year. Within this time a Claim must be marked out. Afterwards the can acquire a digging or a development license for a further year. The next stages are the assignment of provisional mining industry rights and the final mining concession.

Also in the United States the mountain right leans against the English Common Law. Here the property owner is likewise the owner of all raw materials into the eternal Teufe. However state reservation for phosphates, nitrate, potash salts, bitumen, coal, oil shale and sulfur, and an acquiring right (no vested title) of the state for oil and natural gas exists. Sand and gravel are subordinate to the ministry of the Interior. The acquisition of mine property on Land of the Federal Republic takes place completely similarly, as in Canada, however additionally still explanation work must (discovery shaft ) to be accomplished. On the country of the individual Federal States however no transmission of the Claims takes place into full property, but only to the lease.

French right circle

In France and Belgium bidet the code the basis for the mountain right. It takes a central position between the German and the anglo-saxon right tradition in certain way. Quarries of natural stone, sand, gravel, kaolin and clay/tone, as well as day-build from iron ores, pyrite, bauxite and peat belong to the real property. Only the underground mines (mines) of metals, arsenic, sulfur, alum, Vitriol, coal, bitumen, oil, natural gas, stone and potash salt are excluded from the right of disposal of the basic owner. Both property owners, and the state can assign permission to prospect and concessions. The Finder does not possess a special requirement on a mining concession. The state raises one from the operator field-expensively (redevance fixed) and a delivery of net proceeds (redevance proportional). The property owner receives a compensation.

In Portugal, Spain, Italy and Turkey the mountain right follows the code. Most aboveground raw materials belong to the basic owner, the underground state also here. In the case of adherence to certain editions the Finder can attain a concession, or has at least requirement on remuneration.

Switzerland forms a special case. There the sovereignty right lies over the mineral raw materials usually with the cantons. Apart from kantonalen laws in addition, old customary law kept. In grey federations property owner mining industry prevails.

In Sweden and Finland the property owner is involved in the enterprise and to the half in the profit and loss of the mining industry.

Other

Since many of the developing countries in such a way specified deny a majority of their income from the export of raw materials, the mining industry legislation show often similar courses in these countries. Usually all raw materials are subject to the control of the state. The particularly important main export products (usually precious metals, energy raw materials, etc.) are reserved the exclusive use of the state. The given concessions are limited, chargeable and for the foreign partner often with numerous editions connected (after North American model) (minimum investments, occupation and training of native one, duty to supply information over the enterprise, measures for environmental protection and recultivation, etc.). Often the national mining industry enterprises insist also on mehrheitlicher participation in the foreign enterprises. The native Kleinstbergbau is however usually only registration requiring and present-free. Accordingly catastrophically therefore the conditions of work of the native miners often are.

Beginning of the 1990er years reformed different South American States of their respective mining industry legislation, in order to lure by loosening of editions more foreign capital into their countries. Together with the high gold price at that time this actually led to a considerable upswing in the mining industry sector. The long-term use for the respective national economies remained however non-uniform.

After the discovery of manganese nodules and ore dredging on the sea-bottom the interest in the exploitation of submarine stores in the open ocean increased clearly. Their legal position is however still extremely unclear. Up to now only the expansion of the territories from ever sets more states a certain legal claim.

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