User:Nicholas.Fulks/New sandbox: Difference between revisions

Unlike German mining law, in Great Britain and the Commonwealth the principle of mining by landowners prevails. The crown only lays claim to gold and silver reserves. In exceptional cases (e.g. where land ownership is divided) mining rights may be given to a third party, whereby the landowners have to be compensated. The mining company pays the landowner a lease, dead rent or a royalty. The rights to above- and below-ground minerals (as a rule quarries and mines) may be awarded separately. One exception among Commonwealth common law countries is Australian mining law, under which virtually all mineral rights are held by the Crown.

Mining law in the United States is also based on English common law. Here the landowner is likewise the owner of all raw materials to unlimited depth. However, the state retains rights over phosphate, nitrate, potassium salts, asphalt, coal, oil shale and sulphur, and a right of appropriation (not ownership) by the state for oil and gas. Sand and gravel come under the Department of the Interior.

In France and Belgium the Code civil is the basis for mining law.

EVERYTHING BELOW THIS TEXT WAS CONTRIBUTED BY MYSELF AS A PROPOSED OUTLINE TO ADD TO THE ARTICLE. EVERYTHING ABOVE WAS TAKEN FROM THE “Mining Law” WIKIPEDIA ARTICLE.

Mining law in Ecuador has been changed and updated through various events and interactions between states, indigenous communities, and foreign investors.

Legal framework

• state ownership regarding resources
• legislation regarding mining
• courts and their part in mining law

History

• pre-colonial and early colonial
• nineteenth century
• twentieth century
• twenty first century

major legal disputes

• legal conflict between people and the state
• use of legal measure to protest projects