The purpose of this paper is to provide some practical
commercial advice in relation to issues of access and
trespass during exploration. It is not my intention to provide a detailed analysis of the
applicable law because this is not the appropriate forum
for latin maxims and turgid case studies. Instead I will
explain the issues in sufficient detail to enable those who
are not familiar,with the legal concepts to understand their
obligations and responsibilities in relation to exploration
activities. Take as an example a situation where a company (for the
sake of attempted light relief, called Rogue Mining) holds
an exploration tenement adjacent to one held by Lamb
Exploration. In conducting aerial exploration activities
over its own tenement Rogue overflies the tenement held
by Lamb, doesn't turn off its equipment and accidentally
collects data in respect of the adjacent land. In analysing
that data it becomes apparent to Rogue that there is a
substantial anomaly on the adjacent land of which Lamb is
apparently unaware. Rogue subsequently negotiates to
purchase an interest in Lamb's tenement.