Proposals for A Better System of Mining Tenure

There is very little in Australian mining law that sets out the rights of mining tenement and exploration licence holders as against other parties who wish to carry out ground or aerial surveillance over those areas.There have already been several legal actions arising out of this lack, and more can be expected as the public places more rigorous constraints on corporate and individual behaviour. Field personnel, who are mainly fairly junior and less experienced, are entitled to some guidance from the minerals industry, guidance which up to now appears to have been either lacking or covering such a wide range of standards from corporation to corporation as to be virtually useless.Because each State writes its own laws there is no consistency, and the laws generally are lagging behind developments in the industry. In particular, the practice of granting mining tenements for sporadic exploration, a practice that is a leftover from much earlier mining law, has dotted the Australian continent with unattended and unmarked or poorly marked tenements that are difficult to find but confer on the holder prior rights to the minerals under them. Entry onto those areas in most jurisdictions is an offence and their existence compromises the efforts of regional explorers.This clearly unsatisfactory situation requires remedying, which is the purpose of these proposals. A more systematic approach to the granting of reconnaissance, regional and detailed exploration, mining, and retention rights will eliminate much of the problem. For the rest, a code of practice needs to be adopted as soon as possible.