Mining rights and title
State control over mining rights
To what extent does the state control mining rights in your jurisdiction? Can those rights be granted to private parties and to what extent will they have title to minerals in the ground? Are there large areas where the mining rights are held privately or which belong to the owner of the surface rights? Is there a separate legal regime or process for third parties to obtain mining rights in those areas?
Mining
Mining rights are granted by the Ministry of Industry (MOI) under the Minerals Act, BE 2560 (2017) (the Minerals Act) through the issuance of a mining lease. Unless the mining lease is obtained, no person can conduct mining in the area, regardless of having the right over the surface area. Minerals belong to the state and mining leases do not grant title to minerals in the ground. The mining leaseholder can only sell…
