Claim

To stake a 'claim' is the acquisition of land for exploration or mining where a government lease or licence is granted when a claim is accepted.  The Australian term for claim is 'pegging'.

The process of acquisition of land for exploration or mining varies throughout the world. The process can involve the negotiation of agreements with existing private owners, the outright purchase, the staking of lands, or acquisition from the government of these rights under a licence or other form of permit. Environmental regulation may restrict licensing and can lead to delays of five years or more in obtaining provisions.               

In the United States, mineral rights pass with the surface estate and consequently many mineral deposits are privately owned. Lease areas or claims can also be staked and maintained by working the project and subsequently title to the deposit and surface estate can be acquired.

In Canada, the right to explore or mine is granted according to each provincial mining act but in general the mineral estate is severed from the surface estate. In British Columbia, for example, rights to mine gold from a claim area are acquired in the form of either a placer lease or a mineral lease.

In Australia, all gold mineral rights are vested in the Crown, with the individual state governments granting mining rights. A miner’s right is usually sufficient to explore Crown lands, although further approval is required for private lands. The situation has been complicated by the Native Title Act of 1993 which confirmed the right of aboriginal people to apply for title to land. The act takes precedence over the Australian Mining Act of 1978, except where a full mining lease has already been granted. An exploration lease can be invalidated by subsequent claims of native title.

In South Africa, mineral rights and prospecting rights in respect of precious metals are granted by the government. The government may grant a prospecting or mining lease for consideration of a lease payment.

source:  www.pamp.com