James Otto

A national mineral policy as a regulatory tool

Abstract Since 1985, over 90 nations have introduced, or are now working on, new or major revisions to legislation pertinent to the mining industry. In many of these nations, including developed, developing and transition economy nations, efforts to reform mineral regulatory systems have been slow to proceed. The author argues that to facilitate such regulatory reform, it can be useful to undertake changes within the framework of a comprehensive, consensually derived and articulated national mineral policy. To illustrate the types of subject matter that might be addressed in such a policy, a list of possible policy issues are presented in a tabular form. The author does not attempt to prioritise or recommend any particular policy goals and objectives, rather he concludes that a national mineral policy must be tailored to reflect the individual requirements of each nation.

Global changes in mining laws, agreements and tax systems

Abstract During the 1990s there has been a shift in exploration investment by multinational mining companies into regions that were previously closed or considered too risky. Many nations have introduced changes to their mineral policies, mining laws, and fiscal systems, and the author traces some of the major regulatory trends in developing, developed and transition economies. The author discusses trends in mining laws and provides data on current fiscal systems in 25 tax jurisdictions. The author concludes that the effect of recent changes has been to reduce barriers to entry and lower risk, thus encouraging increased investment in an ever-increasing number of countries.

Trends in International Environmental Law Affecting the Minerals Industry

The mineral resources industry is entering a new era of legal regulation in the 21st century. Beyond expanding national laws, mineral activities and products will be increasingly subjected to international law—multi-national governmental and institutional regulations and requirements. This article explores the new trends and surveys the growing body of international legal authorities affecting every phase of the mineral industrys future from access to process to final products. ‘Because [international] environmental regulation is here to stay and bound to become more widely adopted, more stringent, and better enforced, the winners in the… [minerals] markets will not be those… that avoid environmental control (only later to be forced to internalise the high cost of having done so), but will be those… that were ahead of the game, those that played a role in changing the industrys production parameters, and those that used their innovative capabilities to their competitive advantage.’1

Mineral Projects in Asian Countries: Geology, Regulation, Fiscal Regimes and the Environment

Abstract The Asia region contains considerable minerals potential and exploration investment in the mineral sector has been on the rise. Many Asian countries have recently enacted new mining codes and fiscal systems, or are in the process of doing so, in order to attract foreign investment in the mineral sectors. This paper describes some of the main features of Asian mining laws and fiscal systems.

Manganese nodule project economics: Factors relating to the Pacific region

Abstract This paper discusses and compares the main elements that determine the overall economics of nodule projects. The rarely examined issue of the impact on costs of processing nodules in different locations in the Pacific region is investigated. The authors then move on to an analysis of the sensitivity of nodule economics to changes in major cost and revenue elements. The paper then shifts from the quantitative to the more qualitative issues that may influence future seabed mining developments, including: the implications of the recently established 200 nautical mile Exclusive Economic Zones; the discovery of cobalt-rich manganese crusts; the prospects for nodule or crust mining for strategic reasons.

Legal Aspects of Exploration and Mining: a Comparative Table of Mining Law in Asia

Private sector mineral investment has increasingly shifted to developing nations over the past decade. This is explained by two main factors: attractive geology and investment-friendly regulatory frameworks. Most Asian nations have introduced new mining laws with the intent to promote private sector investment. This article presents a cursory update on key topics in Asian mining laws, and provides data in a tabular format that allows a comparison of the major mining law attributes in selected Asian nations.

Russian Non-Fuel Mineral Sector Regulatory System

This article examines the Russian non-fuel mineral sector regulatory system. It contains regulatory related information and analysis generally useful to a foreign investor interested in Russias mineral potential. The regulatory system in the Russian Federation is undergoing substantial change and laws that apply to minerals are evolving at a relatively fast pace. Two possible exploration and mining investment approaches are now possible in the Russian Federation: authorisation under the national mining law, and investment pursuant to the production sharing agreement law. The lack of substantial foreign mining investment in Russia is attributable, at least in part, to perceived shortcomings in the legal system. Due to the transitional nature of the Russian Federation legal system, the low level of precedent foreign mineral investment in Russian, fragmentary legal reporting, and the untested nature of ambiguously worded legislation, the information and analysis contained here is, by necessity, speculative.