The Federation Press

Mining Law and Policy

International Perspectives

Overview

Mining Law and Policy: International Perspectives explains the key legal issues in the regulation of mining. The book starts with an overview of the mineral sector and broader forces which influence (and are impacted by) mineral regulation including mineral economics, sustainable development and other policy considerations. In addition to a broad summary of how governments regulate mining, the book follows with seven chapters examining the legal issues in:

  • mineral rights/permits (including types and allocation of rights, dealings in mineral rights, impairment of rights);
  • land access & use (including the interaction of mining and other land uses, ancillary rights for mining);
  • mine development & production (including typical contract forms, workplace safety, government approvals, local content);
  • environmental & social issues (including impact assessment, human rights, artisanal mining, indigenous people, mine rehabilitation);
  • financial & investment issues (including market regulation, government revenues & taxes, mining finance & accounting, non-government royalties);
  • government agreements (including their scope, ownership & control issues, stabilisation, renegotiation, interaction with third parties); and procedural matters (including mining registers, dispute resolution, corruption, and regulatory impact assessment).

The book is extensively referenced with material drawn from over 50 countries, 300 laws and court decisions, and 800 secondary materials including books, articles and government reports.

Table of Contents

Chapter 1 - Introduction
Book aims & scope
Mineral sector overview
Mineral economic & policy issues
Law ‘refresher’
Trends in regulation generally
Sustainable development
Overview of mining regulation
Chapter Quiz
Chapter Endnotes

Chapter 2 - Mineral Rights
Ownership of minerals
Types of mineral rights
Allocation of mineral rights
From exploration to exploitation
Dealing with mineral rights
Ending and impairment of mineral rights
Chapter Quiz
Chapter Endnotes

Chapter 3 - Land Access and Use
Introduction
Entitlements as part of mineral right
Interaction with other land uses and users
Integrated land-use planning
Ancillary needs
Compensation for mining impacts
Chapter Quiz
Chapter Endnotes

Chapter 4 - Mine Development and Production
Commercial contracts
Workplace issues
Government approvals
Government involvement/control in operations
Local content
Chapter Quiz
Chapter Endnotes

Chapter 5 - Environmental and Social Issues
Introduction
Environmental aspects
Human rights
Artisanal and Small Scale Mining
Indigenous people
Post mining issues
Chapter Quiz
Chapter Endnotes

Chapter 6 - Financial and Investment Issues
Introduction
International investment law
Market regulation
Government revenue
Mining finance & accounting
Non-government revenues
Chapter Quiz
Chapter Endnotes

Chapter 7 - Government Agreements
Introduction
Agreement parameters
Ownership
Stabilisation & renegotiation
Implementing Agreements
Agreements and third parties
Chapter Quiz
Chapter Endnotes

Chapter 8 - Administration of Mining Law
Administration/implementation
Mining register
Dispute resolution
Corruption Law reform/change and mining
Regulatory Impact Assessment
Chapter Quiz
Chapter Endnotes

Chapter 9 - Answers to Chapter Questions

Bibliography
Laws & cases
Commentary, reports and other materials

Of interest...