Mineral ownership determination is not always straight
forward as in many cases the relevant details are not recorded on the latest
Land Transfer title held in the local Land Registry Office. To determine mineral
ownership can be difficult, time consuming and expensive especially in a
confused sector. Non statute minerals can be owned by the Crown, Land Owner or
other persons. Statute minerals (Gold, Silver, Petroleum, Uranium) are always
owned by the Crown and thus present no problems.
In simple terms the only accurate and reliable method
of determining the mineral ownership under subject land is to historically
search back to the first registration when the land and minerals were definitely
intact. Then carefully ascertain from the evidence gathered along the way to the
present day whether any legislation or private agreement altered or affected the
status quo.