Otto and Cordes - National Mineral Policies

full all chapter5 chapter6 chapter7 chapter8 chapter9

chapter4 chapter5 chapter6 chapter7 chapter8 chapter9

Transparency and Accountability

Policy, Legal and Contractual Framework

Sector Organization and Institutions

Fiscal Design and Administration

Revenue Management and Distribution

Sustainable Development

Otto, J., Cordes, J., National Mineral Policies (chapter 2), in The Regulation of Mineral Enterprises: A Global Perspective on Economic, Law and Policy, (Westminster, Colorado, United States of America: Rocky Mountain Mineral Law Foundation, 2002)

In this chapter the authors note that every country with mineral resources should have a national mining policy construed as the government’s position on the key mineral sector topics that the government has or could choose to have control over. Further, they observe that national mining policies are based on economic considerations and create the baseline from which national mining laws and investment agreements should be established. Hence, the need for explicit and consistent national mining policy.

It is argued that a national mining policy serves two purposes: (1) it can provide a context and guide for the application and interpretation of regulations concerning foreign mineral investment that often involves various ministries and decision groups, and (2) it helps to provide realism and perspective for understanding the role of minerals in national development.

Further, Otto and Cordes indicate that  a national mineral policy usually comprises  six issues: scope that should address the mineral life cycle and set differentiated policies for different minerals; sovereignty, that is the base of regulation and control of the mineral exploitation in the national interest; economic interest for the development of the country; quality of life, as an impact  of mineral exploration; legal framework for the exploration of mineral resources; and regulatory agencies for better management of mineral resources. Finally, the authors conclude by observing that mineral policy hinges on the institutional capacities of each country.

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