Recent events have raised the issue of whether, and if so when and how,
an explorer may gather data from a mining tenement or permit which is
held under the relevant mining Act by another party. Two situations arise:
that of the small operator who wishes to prospect, and if successful mark
off, ground held by others by virtue of the local form of exploration
permit; and that of a regional explorer who may wish to enter on to some
one else's existing mining tenement within the region of interest. The legal situation varies from state to state. At present the broad
consensus seems to be that, provided consent is given, small-scale
prospecting on another's exploration permit is at least tolerated if not
actually provided for by the relevant Act. Entry onto a granted tenement
to carry out any form of exploration is, however, prohibited in all
jurisdictions unless consent is given. Furthermore it would appear that
the proposal and conclusion of a joint venture agreement places certain
obligations upon the party proposing to carry out exploration. These conclusions apply where ground surveys are proposed. Where
data acquisition is by aerial survey the situation is much less clear,
principally it would appear, because up to now little thought has been
given to it. If trespass applies at ground level, at what height does it cease
to apply? Can aerial magnetometry or photography be classified as
prospecting? Is there an obligation upon public authorities who carry out
remote sensing to make data available to the holders of mining tenements
within the surveyed areas? Moves are now afoot to address these and
other considerations, and it would be in the interests of everyone if a
national approach to the problem could be adopted from the beginning.
Certain suggestions in this respect are put forward.