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.
Chapter 1 – Introduction
Book aims & scopeMineral sector overviewMineral economic & policy issuesLaw ‘refresher’Trends in regulation generallySustainable developmentOverview of mining regulationChapter QuizChapter Endnotes
Chapter 2 – Mineral Rights
Ownership of mineralsTypes of mineral rightsAllocation of mineral rightsFrom exploration to exploitationDealing with mineral rightsEnding and impairment of mineral rightsChapter QuizChapter Endnotes
Chapter 3 – Land Access and Use
IntroductionEntitlements as part of mineral rightInteraction with other land uses and usersIntegrated land-use planningAncillary needsCompensation for mining impactsChapter QuizChapter Endnotes
Chapter 4 – Mine Development and Production
Commercial contractsWorkplace issuesGovernment approvalsGovernment involvement/control in operationsLocal contentChapter QuizChapter Endnotes
Chapter 5 – Environmental and Social Issues
IntroductionEnvironmental aspectsHuman rightsArtisanal and Small Scale MiningIndigenous peoplePost mining issuesChapter QuizChapter Endnotes
Chapter 6 – Financial and Investment Issues
IntroductionInternational investment lawMarket regulationGovernment revenueMining finance & accountingNon-government revenuesChapter QuizChapter Endnotes
Chapter 7 – Government Agreements
IntroductionAgreement parametersOwnershipStabilisation & renegotiationImplementing AgreementsAgreements and third partiesChapter QuizChapter Endnotes
Chapter 8 – Administration of Mining Law
Administration/implementationMining registerDispute resolutionCorruptionLaw reform/change and miningRegulatory Impact AssessmentChapter QuizChapter Endnotes
Chapter 9 – Answers to Chapter Questions
Laws & casesCommentary, reports and other materials
Finally, international mining law and policy are presented in one excellent and practical book. Practitioners, non-lawyers, professors and students should all study John Southalan’s book and keep it on their shelves both as a summary of the field and as an incredible resource for deeper research.
Overall, this is a practical book that will be useful on many levels. For students of mining law and policy, the book makes the entire subject matter easily accessible and interesting. For professors, the book is an excellent starting point for presenting the material by providing thought-provoking questions to consider and sample tests (with answers).
For practitioners in private practice, government positions or within industry, this book will provide a well-organised and much-needed point of entry into any specific issue being addressed. However, the book is also a source from which can be taken an easily understandable basic education in law and policy that attorneys are often asked to provide to clients, regulators, policy-makers and non-lawyers in the industry.
Southalan has provided a great service to everyone involved in mining law and policy by the publication of this book. Read full review…
Robert Bassett, Journal of Energy & Natural Resources Law, Vol 31, 2013
Mining Law and Policy is an impressive resource text for those in the mining or legal sector. … [Its] strength lies in its ability to be both a legal and policy summary text and a collection of reference material to direct further study.
As an internationally focussed book that draws from the experiences of over 50 countries, this text serves as a useful companion piece for the industry and students alike. … To those without a legal or mining background this will be received as a grounding text, while to those with core knowledge of the subject, this text will serve as an exceptional policy and resource reference tool. Read full review…
Marianne Rose, Brief, November 2012
Mining Law and Policy: International Perspectives is more than a summary of mining law. It delves into the policy behind the development of the law; it considers subjects such as commercial issues, negotiation protections, tenure agreements whereby the mining company is assured of tenure for a time certain, joint ventures, the important topic of workplace safety, government approvals and devotes the better part of a chapter to environmental issues, a topic of interest at present in this State, with the coal seam gas debate that is occurring at present. … I commend the author for the level of detail, annotation and discussion, all of which are first rate. Read full review…
Brian Morgan, Hearsay, October 2012, 57