The provincial parks of British Columbia have endured varying degress of resource exploitation since the creation of the first provincial park in B.C., Strathcona Park in 1911. B.C. Parks, the government agency which manages B.C.'s parks, administers the Park Act (R.S.B.C. 1979 C.309) and derives its dual goals for recreation and conservation from the Act. In addition to the Park Act, there are several levels of policy for B.C. Parks which guide decisions regarding resource use in parks, including "Striking the Balance - B.C. Parks Policy Statement," occasional policy statements in News Releases, and some conditions in resource use permits. This thesis examines the levels of policy which guide decisions regarding mining in parks in British Columbia and the consistency of the commitment to the goals of B.C. Parks through the policy levels. The approach to policy analysis taken is that a policy is both an output of the level above, and an input to the level below. Three criteria are derived from the definitions of policy in the literature. They are that policy should be clear and a guide to decision-making, that it should be forward-looking, and that it should be enforceable. The fourth criterion says that the goals of B.C. Parks stated in the Park Act should be traceable through the policy levels. Since 1973, there have been five policies regarding mining in B.C.'s parks which stand out as significantly altering the commitment of B.C. Parks to its goals. In two of these policies the recreation and conservation goals of B.C. Parks are apparent, while the goals are not apparent in three of the policies. Foreseeable decisions for mining in parks are examined, and the ability of the present policies to guide the decisions is tested. B.C. Parks retains little decision-making authority with respect to mining in parks. On a mineral claim in a recreation area, the Ministry of Energy, Mines and Petroleum Resources has jurisdiction. Off a mineral claim in a recreation area, B.C. Parks has limited authority over mining activities. The fundamental decisions which rests with B.C. Parks is whether or not the recreational values of the area are sufficiently impaired by mining to delete it from the park system. Surprises can occur when the results are different from what was expected, either because the cause is different, the behaviours are not what was anticipated, or an action produces the opposite result from what was intended (Holling 1986: p.294). Several surprises with regard to mining in Parks are imagined and the challenge to the goals of B.C. Parks through the policy levels is examined. A strong commitment to the goals at the upper levels of parks policy, and reflected through the levels is proposed to ensure that B.C.'s parks survive challenges from mining and from other sources. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

Thesis (LLM. (Management and Development Law)) -- University of Limpopo, 2016 / Previously the concept of ownership has played a role in the development of Minerals right and was regarded as an absolute right of the owner to do what he desired with property. It is nowadays accepted that ownership is not an absolute and unlimited but the concept is still undergoing transformation. Since the enacted of the Mineral and Petroleum Resources Development Act (MPRDA) now vest on the State as the Custodian of all minerals in South Africa. The vesting of the Mineral right does however interfere with the common law right private ownership, and the investor as expressed in the constitution. The term Custodian as used in the Bill is a misnomer, in that the Bill proposes not mere Custodianship, but an actual vesting in the State by giving effect to the universally accepted right of the State to exercise permanent Sovereignty to all minerals resources. The new Mining legislation regime with specific reference Mineral and Petroleum Resources Development Act and National Environmental Management Act are precisely paced to ensure optimal exploitation of natural resources while promoting sustainable development.

- XIV - Aspects of the environment protection within the process of exploitation of the exclusive minerals Abstract My diploma thesis addresses the question how the aspect of the environment protection is reflected in the mineral exploitation authorisation process. This study is focussed on the analysis of the mining law system. Based on the findings the modification of the relevant legislation is presented in order to emphasise the environmental dimension. Key words: Mining law, environmental law, exclusive minerals.

This dissertation examines how the legal structuring of foreign investment works as a mechanism of political domination. It focuses on two nodes in world economy—Paris and Guinea. I show that political authority in both places has been structured by private foreign capital all the while state-based jurisdictional arbitrage conditions transnational capital. The dissertation is based on three sets of material. The centerpiece is an extended case study of so-far unrealized projects to mine iron ore in the Simandou mountain chain in Guinea. This is based on five months of ethnography in Guinea and the study of over fifteen thousand pages of documents that became public in the investor-state arbitral case BSGR vs. Guinea. Secondly, I rely on one year of ethnography with investment arbitration and project finance lawyers and investment promotion milieus in Paris, especially regarding Africa-directed investments. Finally, the dissertation draws on diverse archives and secondary literature to document the longer history of foreign investment. I draw on and contribute to three separate literatures : (a) work on legal techniques and market devices within Social Studies of Finance; (b) studies of regulatory diversity and uneven development in world economy; (c) empirical studies of moral economies of ordinary economic setups. The first chapter shows how transnational property ownership was conceived as foreign capital between 1870 and 1960 but became to be understood as foreign investment after 1960 shifting the emphasis from foreign ownership to foreigners’ contribution to domestic development. The second chapter studies how foreign investment has come to be seen a major tool for economic development and betterment based on ethnography at investment promotion events and visions of professional excellence of investment intermediaries. Chapters three and four focus on the Simandou case study. Chapter three tells how the Simandou mining contracts were negotiated and how through recourse to stabilization and investment arbitration clauses and integration of English and French law these investor-state contracts partially disembedded Guinean mineral resources from state sovereignty to become international financial assets. The fourth chapter shows how different overlapping ways to structure property over the Simandou mountain chain and its iron ore reserves were unequally scalable with investor-state arbitration backed permits being more easily convertible financial assets than land control via the host-stranger settlement paradigm. This allowed international mining companies to earn financial benefits from holding their Guinean mining titles as foreign property while presenting them as foreign investment.

A project report submitted to the Faculty of Engineering, University of the Witwatersrand, Johannesburg, in partial fulfillment of the requirements for the degree of Master of Science in Engineering. / This study addresses a principal issue associated with the small-scale mining industry in South Africa, namely mineral rights. Firstly it defines a small-scale mine and its role in the South African economy. It then examines the current mineral rights policy and the conditions under which the current mineral rights policy could be reformed in order to encourage the growth of the small-scale mining sector. Various models and proposals have been examined in an attempt to suggest the most suitable policy in terms of acquisition and distribution of mineral rights, Acquisition of mineral rights remains one of the major obstacles facing small-scale mining companies. The need to change the legal framework surrounding the acquisition of mineral rights is clearly demonstrated in this project report. Simplification of the legal framework would lead to easy access to mineral rights by both large-scale and small-scale, South African and foreign mining companies and remove the traditional complexities associated with the current South African mineral rights policy which tend to sterilise mineral rights. These complexities include subdivision of mineral rights, potential lockup of mineral rights by private companies and individuals and the State. Analysis of methods to rationalise the mineral rights policy have demonstrated that nationalisation and expropriation of mineral rights are counter productive and can not be used as vehicles for access to mineral rights. In order to strengthen the small-scale mining industry changes to the mineral rights have been proposed. A model mineral rights policy framework has been designed to promote small-scale mining. Introduction of a mineral fights tax, taking into consideration the specifics of the South African mining industry, similar to that of Swaziland of 1958 is proposed as one of the ways of discouraging the sterilisation of mineral rights. It introduces a cost element in the locking up of mineral rights by private companies and individuals. It is envisaged that when the cost of holding these mineral rights is greater than the benefits of holding the mineral rights, mineral rights holders would relinquish them thereby allowing access to these mineral rights to other interested parties. The relinquished mineral rights should revert to the State, which in tum should allocate them to qualified mining companies. Due considerations of the unique characteristics of the South African mining industry need to be taken into account when designing any mineral rights policy. Implementation of any such policy should therefore be done with the consensus of the mining industry. Access to State mineral rights is also considered vital. Whilst it is important to provide the small-scale mining sector with access to mineral rights it is recognised that the success of the sector depends many factors, mineral rights among others. A holistic approach that take into all facets of small-scale mining are included in the proposed policy framework for the development of the small-scale mining industry in South Africa. / AC2017

No description available.

Mining or industrial activity? This is not only an ancient question in Peruvian mining sector but a key issue for domestic and foreign private investment on cement. Since few years ago, cement manufacturing process has been being qualified and regulated by the Peruvian Mining Authority as a mining benefit process which implies the obligation to obtain a benefit mining concession previously. However, upon a review of the technical process aspects, the legal framework in force and a recent judgment enacted by the Constitutional Court of Peru regarding this topic, the position traditionally assumed by the Ministry of Energy and Miningcould be reconsidered. / ¿Es actividad minera o industrial? Ésta no es solo una antigua interrogante en el sector minero peruano sino una cuestión clave para la inversión privada local y extranjera del rubro cementero. Desde hace algunos años, la producción de cemento ha venido siendo calificada y regulada por la autoridad minera como beneficio minero, lo cual importa la obligación del titular de obtener previamente a la ejecución de la misma una concesión de beneficio. Sin embargo, a partir de una revisión de los aspectos técnicos del proceso, el marco normativo vigente y un reciente pronunciamiento del Tribunal Constitucional en relación a este tema, la tradicional posición adoptada por el Ministerio de Energía y Minas podría ser repensada.

A presente pesquisa examina a mineração de agregados para a construção civil e o tratamento dispensado no processo legislativo que visa instituir um novo marco regulatório para mineração brasileira. O escopo da pesquisa é verificar a pertinência de tratamento específico aos agregados minerais sob a ótica do princípio do desenvolvimento sustentável. A metodologia aplicada evidencia ser fundamental contextualizar a proposta legal, conceituar e compreender os bens e a atividade minerária, diferenciando os minerais agregados dos demais minérios. Verificadas suas especificidades, a mineração de agregados é analisada sob a ótica da sustentabilidade. O referencial teórico de José Eli da Veiga, na obra “Desenvolvimento sustentável: o desafio do século XXI” orienta a pesquisa no sentido de tecer as relações da atividade com o meio ambiente e a dignidade da pessoa humana. A pesquisa ressalta os impactos causados pela atividade, negativos ao meio ambiente e positivos no alcance da melhoria da qualidade de vida das pessoas. O estudo faz referência ao Direito Mineral Brasileiro e estudar o PL n. 5.087/2013 e seu substitutivo, reivindica aporte sobre políticas públicas e acerca do processo legislativo em tramitação. Ao final analisa os regimes de aproveitamento mineral, especificando o regime da autorização, a pesquisa mineral, a proposta acerca de ordenamento territorial mineral, a compensação financeira sobre a exploração mineral (CFEM) e quanto ao poder concedente dos direitos minerários. Pode-se concluir e confirmar a hipótese levantada que a legislação sempre privilegiou os minerais agregados dada sua essencialidade no alcance da melhoria da qualidade de vida, sendo imprescindível que seja mantido este direcionamento no tratamento deste bem social para alcance da sustentabilidade, enquanto preceito em processo de construção. / Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2016-05-11T16:08:07Z No. of bitstreams: 1 Dissertacao Nara Raquel Alves Gocks.pdf: 4504291 bytes, checksum: 4e6e0c176e65d2d97e7d3b8500a3acc6 (MD5) / Made available in DSpace on 2016-05-11T16:08:07Z (GMT). No. of bitstreams: 1 Dissertacao Nara Raquel Alves Gocks.pdf: 4504291 bytes, checksum: 4e6e0c176e65d2d97e7d3b8500a3acc6 (MD5) Previous issue date: 2016-05-11 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, CAPES. / The research presents an approach of mining of aggregates for construction and the treatment designated in the legislative process which is being prepared to establish a New Regulatory Framework for Brazilian Mining. The scope of the research is to verify the relevance of specific treatment to mineral aggregates from the perspective of sustainable development. The applied methodology showed to be critical to contextualize the legal proposal, conceptualize and understand the assets and mining activities, differentiating the mineral aggregates of other mineral resources. Due to its specificities, mining of aggregates was analyzed from the perspective of sustainability. The theoretical reference of José Eli da Veiga, in the book "Sustainable development: the challenge of the XXI century" has oriented the research in order to identify relations of mining of aggregates to the environment and human dignity. The research highlighted the impacts caused by mining of aggregates, negative for the environment and positive due to improving quality of life. The study refers to The Brazilian Mineral Law, the Law Project n° 5087/2013, and its replacement, that inputs public policy. At the end, mineral exploitation regimes were analyzed, specifying the “regime of authorization”, mineral exploration, the proposal concerning mineral land planning, the financial compensation for mineral exploration (CFEM) and the mining rights. It was possible to conclude and confirm the hypothesis that the law has always privileged the mineral aggregates given its essentiality to improve quality of life and it is essential to maintain this condition to achieve sustainability while precept in process of construction.

"Mining operations" and "mining" are defined in s 1 of the Income Tax Act (ITA). A concept that is of great significance to this definition is the matter of when a mineral is won and the related question of when does the mining process end and the process of manufacture commences. Case law has not established a definitive point that can be used by the mining taxpayer to determine where the mining process ends for income tax purposes. The Supreme Court of Appeal was presented with the perfect opportunity in the Foskor1 case to clearly define the boundaries between these processes. Unfortunately, the court did not seize this opportunity to provide legal certainty. The significance of the distinction lies in the fact that a mining taxpayer is allowed to claim accelerated capital allowances. The objective of these allowances is to provide tax relief to the mining taxpayer taking the immense risk of investing billions of rands in capital expenditure. The capital expenditure incurred will also result in direct foreign investment. This in turn will result in economic growth and job creation. Currently, there is no legal certainty as to which processes will qualify as mining operations for income tax purposes. This may result in mining taxpayers being hesitant to incur capital expenditure as the risk relating to a project would have increased. The accelerated capital allowances may therefore not serve their intended purpose. The gross domestic product (GDP) contribution from gold mining has been decreasing in the last number of years, but this decrease has to a large extent been offset by an increase in the downstream or beneficiated minerals industry. This industry has also been identified by Government as a growth sector. The downstream or beneficiated mineral industry may not be catered for in the current definition of "mining operations" and "mining" and may therefore not qualify for beneficial tax allowances. It is therefore proposed that the term "won" as used in the definition of "mining operations" and "mining" should be defined in s 1 of the ITA as follows: A mineral is "won" when all the requisite and necessary processes, including, amongst other things, refinement, beneficiation, smelting, separation, have been undertaken to the mineral to render it saleable in an open and general market. This extension will provide legal certainty to a mining taxpayer and will ensure that South Africa obtains direct foreign investment and maximum value for its minerals. This will contribute to economic growth for South Africa's developing economy and result in job creation.

Orientador: Hildebrando Herrmann / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Geociências / Made available in DSpace on 2018-08-07T20:46:12Z (GMT). No. of bitstreams: 1 Silvestre_Mariel_M.pdf: 4242271 bytes, checksum: 963db59607e7f169467e8a1a64eaade6 (MD5) Previous issue date: 2006 / Resumo: Segundo dados apresentados pelo Ministério de Minas e Energia, 80% das minas e jazidas estão localizadas em área de preservação permanente, embora o somatório de todas as áreas de concessão de lavra seja cerca de 0,2% (dois décimos por cento) da área total do País. Quando da mineração em área de preservação permanente estaremos diante de um conflito de bens e atividades de interesse comum, não devendo um interesse se sobrepor ao outro, mas sim, buscar a conjugação entre uso racional de um bem natural, qual seja, o minério, e a preservação de área com função ambiental. Para tanto, utiliza-se mecanismos práticos de caráter preventivo, como o licenciamento ambiental de ordem sócio-ambiental e a análise do PAE - Plano de Aproveitamento Econômico de ordem sócio-econômica e mecanismos de caráter corretivo, com a obrigação prevista constitucionalmente, do minerador recuperar a área degradada. O que se busca é a garantia do desenvolvimento sustentável, pautando-se nas bases sociais, econômicas e ambientais / Abstratct: According to data presented by the Mining and Energy Ministry, 80% of mines and natural deposits of ores are located in permanent preservation areas, however, the total of the concession areas in mine work is around 0,2% of the country's total area. Concerning mining in permanent preservation areas raises a conflict of assets and activities in common interest, as one interest should not overlay another, but yet seek a conjugation between rational use of the natural asset, that is, the ore, and the area preservation for environmental function. Therefore, practical mechanisms for prevention are used, such as environmental licensing of social-environment order and an analysis of EUP- Economical Utilization Plan (PAE - Plano de Aproveitamento Econômico) of social-economics and mechanisms for correction, obliging the miner to recover the degraded areas complying to foreseen constitutional obligation. The guarantee to sustainable development is sought, supported by social, economical and environmental bases / Mestrado / Administração e Politica de Recursos Minerais / Mestre em Geociências