Mining Law & Lawyers

Australia mining law governs the exploration and extraction of minerals and petroleum in Australia. It differs substantially from the mining laws of other common law countries, the most important differences arising from the policy decision that the Crown should own all minerals.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

History of mining law

The first Australian mining laws were enacted in 1851. Before that, ownership of minerals and petroleum passed to those who were granted title to land by the colonial governors according to common law concepts, except the right to "Royal Mines" (the precious metals of gold and silver) which remained vested in the Crown by virtue of Royal prerogative. From 1855, colonial parliaments legislated for ownership of minerals to be retained by the Crown in future grants of freehold title. Thus, the situation developed where throughout Australia, the Crown in right of the State owns nearly all the minerals.

Mining Legislation

In relation to minerals situated within State boundaries, prima facie, the power to legislate for minerals remains with the States. However, despite the fact that the Constitution of Australia does not list minerals as an area over which the Federal Parliament has jurisdiction, a number of the Commonwealth Parliament’s powers encompass matters relevant to mining operations and any legislation of the Commonwealth based upon these powers will override any inconsistent State legislation. As to Commonwealth jurisdiction over the Territories, the constitutional limitations regarding mining operations conducted within the States have no application in the Northern Territory, or other Australian territories.

Each of the States and Territories has its own legislation regulating the exploration for and production of onshore minerals. The Commonwealth has no onshore mining legislation which is applicable in the States or Territories.

As to offshore minerals, the Commonwealth has sovereignty in respect of the territorial sea, and sovereign rights in respect of both the continental shelf and the exclusive economic zone for the purpose of exploitation of their natural resources. Thus, the sovereignty over minerals of the States and the Northern Territory extends only to the low-water mark and it is the Commonwealth which is entitled under international law to exercise sovereignty over minerals under the territorial sea, within the exclusive economic zone and on the continental shelf. However, following an agreement negotiated between the Commonwealth Government and the States in 1979, the Commonwealth conferred power on the States and the Northern Territory to make laws for matters including mining operations in respect of the coastal waters and granted them proprietary rights to the seabed.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

In addition, the Corporations Act 2001 and the Australian Stock Exchange Listing Rules contain special provisions governing the conduct and reporting requirements of mining companies.

Ownership of minerals

According to the maxim "to whomsoever the soil belongs, he owns also to the sky and to the depths", there is a presumption that a land owner also owns all minerals on or beneath the surface of that land. The presumption is subject to the exception of the Royal metals. As early as the sixteenth century, the common law has held that all gold and silver, whether situated on public or private land, has been owned by the Crown.This Royal prerogative has also been applied in Australia, by both common law and legislation.

However, the principle of the owner of land owning the minerals within it has been virtually abolished by statute in Australia. The general rule is that the Crown (in right of the State) owns all minerals. This has been implemented by statute; initially by enacting that all future grants of land must contain a reservation to the Crown of all minerals. Now, all new grants of freehold titles in Australia have provided that all minerals were reserved to the Crown.

In respect of titles granted prior to the legislation, the owner of the land retained ownership of the minerals (except the Royal metals of gold and silver). That owner may grant a profit à prendre to enter and take minerals.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Crown ownership of minerals has been made universal in Victoria and South Australia by legislative expropriation of all minerals. In Tasmania and New South Wales, this approach of legislative expropriation has been applied on a selective basis (in Tasmania, for gold, silver, oil, hydrogen, helium and atomic substances, and, in New South Wales, for coal). The Crown, pursuant to statute, may grant various leases or licences to enter onto land and take minerals.

State ownership of minerals has had the important result that governments, rather than private landholders, determine the legal regimes governing mineral exploration and production.

Ratified agreements

Large mining operations are likely to be regulated by a ratified agreement, sometimes also called a "state agreement", an "agreement act", a "government agreement" or a "special agreement act". The basis of such an agreement is that the State contracts with the miner in the form of a written agreement which is ratified by a statute of that State or Territory Parliament. This ratification ensures that its provisions override any inconsistent provisions under the general mining legislation or any other statutes of that State or Territory.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Mining Accidents & Mining Injuries

Mining accidents can have a variety of causes, including leaks of poisonous gases such as hydrogen sulfide or explosive natural gases, especially firedamp or methane,[2] dust explosions, collapsing of mine stopes, mining-induced seismicity, flooding, or general mechanical errors from improperly used or malfunctioning mining equipment (such as safety lamps or electrical equipment). Use of improper explosives underground can also cause methane and coal-dust explosions.

Working in mines is one of the most vulnerable of the professions as there are so many chances of getting hurt or encountering various kinds of mining accidents. It is so because the mining industry is a very dangerous field for all the workers who are employed in it as a dangerous mining accident can take place anytime. There are many times when the accidents may also prove to be fatal or may render the victim  as disabled for life. So, it is very necessary that all the proper precautions and measures are always taken by the employers to provide workers with very safe and protected operating procedures in order to prevent any of these mishaps.

Most commonly, a mining accident leads to the following mining injuries:

• Lung diseases
• Electric shocks
• electrical equipment caused burns
• Fatal accidents from injuries
• Death from respiratory diseases
• other bodily injuries to back, neck, shoulder, legs, arms, hands, feet etc
• Injuries caused by heavy lifting
• Injuries caused from using equipment

When any of the mining workers suffers from an accident at the work site then he is liable to seek a compensation amount. Compensation is crucial to suffice for the injuries that the mining worker has undergone as there a lot of expenses that he has to take care of. He has to pay for the strenuous medical bills, the hospital trips and all the costly treatments that he needs to undergo to get his life back on healthy track. Most importantly, as he suffers from the deadly accident, the worker might have to stay at home temporarily or permanently. He needs money to fill this gap when he is unable to work and thereby take care of the basic needs of food and clothing of his family.

It is very important that the victim worker files for the compensation claim so that he can cater to his monetary needs and render his burdens easy. If the worker does not lodge for his compensation in time then his claim may get rejected and may get considered as invalid by law.

If you have been injured from a mining accident, then please complete your free legal enquiry form on the right to request legal advice.

Industrial Accidents and Injuries

Common Industrial Accidents Leading To Compensation

Common causes of industrial injury are poor ergonomics in the workplace, poor manual handling of heavy loads, misuse or failure of equipment, exposure to hazards such as fire or toxic substances such as asbestos, improper use of, or badly maintained vehicles such as forklift trucks, cranes and HGVs. Industrial accidents can also result from inadequate safety training and clothing, exposure to dangers such as electrical burns, electrical shocks and chemical burns; as well as explosions, toxic gases and liquids, falls from height and contact with moving machinery and power tools.

Exposure to extreme atmospheres and temperatures – severe cold and heat – a lack of oxygen, carbon monoxide poisoning, being caught between crushing objects, lack of air, contamination of water supplies, radiation, the collapse of structures – including buildings, walls, scaffolds and other loads.

If you suffered injury due to an industrial accident similar to the above or your health suffered and if you feel your injury or illness at work was not your fault you could claim personal injury compensation.

If you have been injured from an industrial accident, then please complete your free legal enquiry form on the right to request legal advice.

Industrial injury claims, include the following:

• Asbestos Injury Claims
• Asthma Personal Injury Claims
• Industrial Deafness Clams
• Carbon Monoxide Poisoning Claims
• Manual Handling Accident Claims
• Industrial Dermatitis Claims
• Industrial Emphysema Compensation Claims
• Farmer’s Lung Claims
• Industrial Lifting Claims
• Machinery Accident Compensation Claims
• Respiratory Disease Claims
• Truck and Vehicle Accidents
• Slip, Trip and Fall Claims
• Forklift Truck Accident Claims
• Crane Injury Compensation Claims
• Stress Related Injury Claims
• Hand Arm Vibration Syndrome (HAVS) Claims
• Industrial Deafness Injury Claims
• Mercury Poisoning Compensation
• Mesothelioma Claims
• Silicosis Compensation Claims
• Vibration White Finger Injury Claims

Employers have a duty of care to ensure a working environment where industrial injury risks and risks of industrial disease are kept to the minimum.

Agriculture, manufacturing, engineering and construction continue to be the most dangerous industries. The injuries that occur in these industries form the basis of the majority of industrial compensation claims.

Compensation Lawyers can deal with all types of industrial injury claims, including compensation claims for industrial injuries and industrial diseases in the following sectors:

• Air transport
• Recycling and Waste Management Claims
• Armed Forces Injury Claims
• Catering, Cleaning Compensation Claims
• Police, Fire and Rescue Services Compensation Claims

Other industries resulting in annual injury compensation claims include:

• Quarry Injury Industrial  Claims
• Railways Injury Claims
• Textile Industry Industrial Compensation Claims
• Food and Drink Manufacturing Claims
• Paper Manufacturing and Printing Injury Claims
• Road Haulage Compensation Claims
• Tree Work and Parks Management
• Warehouse Injury Compensation Claims

Compensation Lawyers also deal with industrial injuries in the Gas and Oil industry, Haulage Industries, Private Health Care Sectors; as well as Mining Injury Claims, Motor Vehicle Worker Claims and Nuclear Industry Worker Compensation Claims.

If you have been injured from an industrial accident, then please complete your free legal enquiry form on the right to request legal advice from a compensation lawyer.

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