I have today emailed a Forestry Commission (FC) area manager with the following points on their assertion of the 1982 Forestry Byelaws, which supposedly prohibit the taking of any minerals or digging of gravels on land which is merely leased to the FC. I haven't included the first paragraph, as this refers to a named individual who claims to have paid the FC a licence fee of £55 per year to pan on the Afon Wen and Afon Mawddach. This doesn't appear to make sense in relation to the law on mineral rights in England and Wales. If my challenge is correct, this would demolish the last remaining (as yet unenforced) law which might possibly be used to stop panners who continue to pan on these two rivers.
'The Forestry Commission is not the registered mineral rights owner for gold or silver ores on any of its freehold lands, or, as far as I know, for any minerals on its leased lands. And it must be taken into account that native gold in rivers is not definitively claimed by the Crown Estate Commission. The Case of Mines 1568 only referred to ore from mines, and this Decision was amended by the Mines Royal Acts, the 1689 Bill of Rights and subsequent legislation which abolished entirely the Crown Estate's interest in gold and silver on non Crown Estate lands by 1969. The Land Registry Mineral rules remain confused due to the Crown Estate's Commission's failure to understand the limits of its powers regarding gold and silver. In addition, the law pertaining to adverse possession of minerals generally on private land, would apply to land leased by the Forestry Commission. It could be argued that the breaching of byelaws for many decades would constitute, if proven, adverse possession of mineral rights, if all of the requirements are met.
In this regard I believe that the 1982 byelaws are in error, as only the registered gold and silver mineral rights owner can consent to or control those relevant mineral operations. It makes no sense, in the absence of an understanding with the relevant mineral rights owner that the Forestry Commission could consent to or refuse any gold or silver exploration whatsoever on leased lands, such as the Afon Wen. In addition Forestry Commission lands are not Crown lands in respect of the Royal Prerogative principle that time does not run against the monarch (the latin eludes me), which only applies to land in the freehold ownership of the Crown Estate Commission. However, I need to research the thinking of those who drafted the byelaws, to determine whether they took any of these points into consideration.
Thank you for your valued assistance.
Brian Wright Treasurer Gold Rivers Trust'
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