Otto and Cordes - National Mining Laws

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 Mining Laws (chapter 3), in The Regulation of Mineral Enterprises: A Global Perspective on Economic, Law and Policy, (Westminster, Colorado, USA: Rocky Mountain Mineral Law Foundation, 2002)

Otto and Cordes observe that mining laws are the means a government uses to implement its mineral policy. Thus, national mining laws play a central role in mineral sector regulation since they to seek to balance the interests of all stakeholders affected or involved in the mining process: the miner, the owner of the mineral resource, the landowner, the host state, the local non-governmental organizations, and even the international community.

Further, the authors note that though the form and, to some extent, the contents of national mining laws vary widely from country to country, mining legislation essentially includes a mining act and other supplementary regulations. While mining acts usually establish the powers, license types, rights and obligations, regulations address procedural, reporting and enforcement issues. Therefore, the core of regulation is always embedded in the mining act. On account of this reality, the authors discuss the content of a mining act noting that a mining act should have: general provisions that should include definitions, the ownership of mineral resources, the scope of the law and the objectives it aims to achieve; provisions addressing the mineral titles and authorizations addressing the issues of access to mineral resources and the modes of mining operations; provisions addressing the fiscal obligations; miscellaneous provisions that set out the basis of a mineral agreement and the powers and authority of mining officers; and final provisions that deal with jurisdiction and dispute mechanisms.

The authors conclude that mining legislation is the primary but not the sole means by which a government implements and regulates its mineral sector policy. Other laws dealing with matters such as land, labor, environment and tax also play a large regulatory role.

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