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In general mineral rights in Australia are reserved to the Crown. Notwithstanding, in some cases the minerals may continue to be owned by the land owner. The acquisition of rights to minerals stems from separate legislative frameworks in each State.
Surfaces rights are the rights to the surface area of a piece of land as well as any structures on the property. Surface rights also include farmland or above-ground resources like trees, plants, or water.
What are surface rights? Surface rights are, as the name implies, the rights to the surface area of a piece of land. This includes any structures on the property, as well as the rights to farm the land or exploit aboveground resources such as trees, plants, or water according to local laws and ordinances.
A mineral owner's rights typically include the right to use the surface of the land to access and mine the minerals owned. This might mean the mineral owner has the right to drill an oil or natural gas well, or excavate a mine on your property.
Surface rights refer to the ability to control the surface of the land. A person who owns surface rights to a tract of land may build on it, plant and sell crops and timber, use the surface water, lease the land, or sell it.2
Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.
Owning mineral rights (often referred to as a "mineral interest" or a "mineral estate") gives the owner the right to exploit, mine, and/or produce any or all minerals they own.
How mineral rights are split from surface rights. The separation of surface and subsurface rights occurs through either a mineral deed, or mineral reservation.
In states with split ownership laws, land can be sold to only include surface rights. This means that if oil or gas is present under the soil, the landowner will have no legal rights to them.
Mineral rights are the rights to underground resources including oil, natural gas, gold, silver, copper, iron, coal, uranium, and other minerals.