Laws Surrounding Gold Mining in Australia
All You Need to Know About Gold Mining Laws in Australia
When it comes to mining, many view it as a huge and hard nut to crack, especially when it comes to Royal mines which include metals like gold. Nevertheless, after going through this article you will have gained enough information and knowledge on various laws that govern mining in Australia, specifically gold mining. You may be having questions like, who governs mining in Australia? How can you get an exploration license? What rights are required to conduct mining? Can a foreign entity own mining rights? Are there restrictions on the exportation of minerals, especially gold? What environmental requirements should you fulfill? What laws govern health and safety? There are a lot of questions that criss cross one’s mind when you think of mining. Good news is they will melt away after reading through this article. Let’s get started.
Important Things to Keep in Mind
Every exploration and extraction of minerals in Australia is basically governed by the Australian Mining law. However, virtually all minerals are upon the jurisdiction of the crown and the Commonwealth. The Crown basically deals with the Australian states while Commonwealth relates to the two Australian territories. In addition, Commonwealth has the whole rights of mining onshore minerals while The Crown has sovereignty over offshore mining.
Each of the States and territories are legislated under a plethora of legal issues that basically affect the mining industry, for example environment, health, and safety, taxation, etc. Commonwealth is constitutionally fit with all these laws for it overrides all the state laws. In case there is a wide range of mining, then you enter into a state agreement which encourages investments.
The different States in Australia grant permits or licensing for exploration and the requirements vary according to States; nevertheless, a permit should give you the following rights:
- Right to enter into the land
- Right to conducting works
- Right to mining
You must have a mining lease in any State in Australia so as to conduct any activity as far as commercial mining is concerned. It should be noted that not all minerals are granted access to, especially those precious and nuclear materials. It should be noted that you should obtain a Special Prospecting Permit to have them.
In conclusion, even if you’re a foreign entity, you can still have the owning entity rights provided you have the approval of the Commonwealth Treasurer. In every state, including Western Australia, where alluvial gold is mined, environmental authorisation must be acquired at every stage of your mining process. It’s worth noting that, even if you’re the owner of the land, the state has the right to the minerals in your land, that’s why in Australia there is a body called The Crown which generally owns all minerals especially gold and other precious metals. Now you’re on the know.