Access Mineral Reserves On Private Land For The Purpose Of Mining

The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which

Under the case of Hare v van Brugge [2013] NSWCA 74, the court had ruled that the dominant party (Van Brugge ) had the right under the clause “to go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement or any such part thereof” without the rights being dictated by the servant party. Under this context it can be said that you have the right according to your easement too allow any person that is allowed to enter your property too “go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement”. This means the use the inclinator is for the use of the dominant party until a breach of this easement

The process to mine the coal is quite complex. First, surveyors are called on site to document the layout of the land so that in can be restored to

registration of a claim and to increase interests of miners and pastoralists. This was met with

officials seize it [land that is confirmed to contain gold]", and "One half of all mining lands is reserved for the

§ 75.007. TRESPASSERS. (a) In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.

ENTRY BY LANDLORD: The landlord is allowed to enter the residence upon a 12-hour advance notice to inspect the premises, make repairs, and show the residence to possible future tenants. If not allowed to access the premises, it is a breach of the agreement.

One reason cited as to why landowner’s close their lands is that the owner’s aren’t allowed to impose any rules on their land, as stated within the requirements of the MFL. Although some might try to create and enforce rules that are discriminatory or limit the public’s right to recreation on the open lands, one solution might be to allow certain rules to be made by landowners as long as these rules are deemed appropriate by the DNR or the landowner’s municipality. Other solutions could include providing more monetary incentives for open lands or further modification of the Managed Forest Law that would decrease the amount of land an MFL landowner can close to the public or making it a requirement that only one person whose name is one the deed of private land may enroll the land within the MFL

The General Mining Act of 1872 encourages people and companies to prospect for minerals on federally owned land. This encourages US citizens and businesses to stake a claim on the plot of land and patent the claim for about $5 per acre. (Withgott) Until recently, there was no requirement to restore the land after mining. Several mining techniques have been used over the years. From strip mining, subsurface mining to open pit, placer, and mountaintop mining.

1. Trespass to land is an “unjustified, direct interference” with land possessed by another, which is actionable without proof of actual damage . ‘Land’ refers the surface of the earth, the subsoil and airspace as far as is necessary for ordinary use , and anything fixed to the surface . An intentional or negligent act is necessary to sue in trespass, and all actions discussed below regarding trespass meet these criteria.

Case 1: If a private property is sitting on a road/assess road that needs to be expanded to benefit the public usage. The government agency involved in the case can entirely takeover the property through the

The mining has become a controversial topic due to the mass publicity regarding the potential danger of nuclear power and uranium mining, not to mention the objections by some Indigenous groups. The controversy is significant

Temporary Taking-The government may require a piece of land to be used as a site when

[R] The first is a trespasser. A trespasser is one who enters the land of another without the consent of the owner. The only duty a landowner owes a trespasser is to not willfully or wantonly injure the trespasser. Sanders v. Perfecting Church, 303 Mich.App. 1,4, 840 N.W.2d 401, 404 (2013). [R] The second status is a licensee. A licensee is a person, such as a social guest, that has the landowner’s permission to enter the land. Id. at 4, 840 N.W.2d at 404.The duty a landowner has to a licensee is to warn the licensee of any hidden dangers that the landowner is aware or should have awareness of, if the danger is not open or obvious. Id. at 5, 840 N.W. 2d at 404. “Social guests are licensees who assume the ordinary risks associated with their visit.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 592, 614 N.W.2d 88,91-92 (2000). [R]The last status of those entering the property of another is a business invitee. Because of the business context, the landowner has an additional duty that extends beyond that of the duty to a licensee. The landowner has an obligation to inspect the premises as to any dangers and, if

The ownership of the petroleum and minerals resource are the Crown as in Victoria and South Australia all mineral are owned by the Crown, in Queensland, s 8(3) of the Mineral Resources Act 1989 (Qld) confers ownership of gold, coal and other minerals . Private property owners, grantees, lessees or licensees are titled to use any mineral