Ownership of Mining Product, Tailings and Minerals

Research output: Contribution to journalArticlepeer-review

Abstract

This paper examines ownership rights and other property rights to mining product, tailings andminerals that arise when mining is conducted in Western Australia. This examination includes ananalysis of the interaction of the Mining Act 1978 (WA) and relevant common law principles. Twoissues are examined: the personal property rights to mining product and minerals that arise whenmining is undertaken; and the ability of some personal property rights to mining product to beforfeited to the Crown at the expiry of a mining lease. The paper highlights the uncertainty thatcan arise for both third parties who have property rights to mining product and new lessees inrelation to rights over mining product left on the land. The paper concludes with a number of proposed reforms
Original languageEnglish
Pages (from-to)321-330
JournalAustralian Resources and Energy Law Journal
Volume24
Issue number3
Publication statusPublished - 2005

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