Article 59 of the Mining Code (Decree-Law No. 227/1967) deals with mineral easement, a legal instrument that allows the use of third-party properties for mineral research or mining. This article is essential for the development of mining, as it recognizes that, often, the exploitation of a deposit requires access to or the use of areas that are not owned by the holder of the mining right.
What is Mineral Easement?
Mineral easement is a real right over another’s property that allows the holder of a research authorization or mining concession to use the soil and subsoil of another property for the specific purposes of mining. This easement covers both the property where the deposit is located and the bordering properties, demonstrating the scope required for the viability of the mineral activity.
Purposes of Mineral Easement
Paragraph one of Article 59 specifies the purposes for which the easement may be instituted, demonstrating the diversity of mining needs:
- Buildings and Facilities: Construction of workshops, facilities, accessory works and housing.
- Infrastructure: Opening of transport routes and communication lines.
- Water Supply: Collection and adduction of water necessary for mining services and personnel.
- Power Transmission: Transmission of electrical energy.
- Drainage of Waters: Drainage of mine water and processing plants.
- Access: Opening a passage for personnel and material, ventilation ducts and power lines.
- Use of Water Sources: Use of watering places, without prejudice to pre-existing activities.
- Waste Disposal: Disposal of dismantled material and processing waste.
Characteristics of Mineral Easement
- Scope: Mineral easement extends to both the soil and subsoil of the properties involved, recognizing the need for access to mineral resources.
- Compensation: The institution of the easement implies the obligation to provide prior compensation for the value of the occupied land and for damages resulting from this occupation, ensuring fair compensation to the owner.
- Non-Exclusivity: The easement does not prevent the owner of the property from continuing to use the property for their own purposes, as long as it does not harm the mining activity.
- Focus on Mining: The easement is strictly linked to the mineral research or mining activity, and cannot be used for other purposes.
Importance of Mineral Easement
Mineral easement is a fundamental legal instrument for the development of mining in the country:
- Enables Projects: Allows research and mining projects to be carried out even when the deposit extends over different properties.
- Facilitates Access: Guarantees access to areas needed for the construction of infrastructure and the exploitation of the deposit.
- Compensation to Owners: Ensures the right of owners or squatters to receive compensation for damages and the occupation of land.
- Regularity of Mining Activity: Ensures that the holder of the mining right is able to carry out their work within the law.
Article 59 of the Mining Code, when dealing with mineral easements, establishes a balance between the public interest in the exploitation of mineral resources and the right to property. By guaranteeing access to areas needed for mining, through fair compensation, this article contributes to the development of the sector in a responsible and organized manner.
