The Bergregal is the right of ownership of unexploited mineral resources. The term is derived from the word “regalia” i.e. the rights of the king (mining sovereignty). Today in Switzerland, the mineral rights are held by the cantons. Only in Graubünden has the canton transferred the mineral rights to the municipalities.

Who can assert the rights regarding mineral resources

In the context of mineral resources, the interests of three groups must be safeguarded:

• the rights of the land owner: he/she can assert that his/her property extends into the body of earth below the surface
• the rights of the state: it can assert that it, as owner, has the rights over the mineral resources. Moreover, it represents the interests of the public.
• the rights of the exploiting party: it can assert that only it can ensure an efficient extraction.

This can lead to conflicts of interest. Mining law therefore lays down the legal regulations.

Mining law fundamentals

According to the Swiss civil code (Art. 664 ZGB) the federal government entrusts the disposal and legislative rights over public and unclaimed property, which includes underground mineral resources, to the cantons. It waives a right to it. The cantons can claim their mineral rights or reestablish them. They can also forego thereon and attribute the mineral rights to the ownership of the land.
Thus, the mining law and the list of mineral resource rights differ strongly from canton to canton.
Mineral resources, which are excluded from the property ownership, are designated as sovereign or free-from-mining-law mineral resources. They are exclusively enumerated in the law.
In contrast, the property mineral resources are the property of the landowner. Today, land ownership is usually limited by mining law.

With a license for exploration and exploitation of mineral resources, the planning and building regulations, environmental impact assessments and safety regulations must be observed In addition to the regulations controlled by the mining law.