Mining Law Research Articles

A de-risking toolkit for legal practitioners: the core critical and strategic minerals compendium

Over the course of the past decade, critical and strategic minerals lists have soared in popularity globally. Though nomenclature may range from critical minerals to critical raw materials, the core understanding is generally one informed by critical functionality – often linked to the energy or digital transition or to military purposes – and economic scarcity, which renders it vulnerable to supply chain disruptions. This paper develops a compendium of core critical and strategic minerals with global importance by comparing the critical and strategic minerals lists of ten jurisdictions (Australia, Canada, China, the European Union, India, Japan, the Republic of Korea, South Africa, the United Kingdom, and the United States) and collating a single list on the basis of clear majority representation. Because most mining law practitioners are not trained geologists, the paper then unpacks information that will be valuable to practitioners who encounter a given critical mineral in their practice: Where is it listed as a critical and strategic mineral? Geopolitically speaking, what does the world's security of supply look like? What are its main uses and why is it critical? How is it mined and refined, and are there any particular associated risks? What are the social and environmental impacts that are specifically associated with this mineral (as opposed to impacts broadly associated with all mining)? How easily substitutable is this commodity (given that that constitutes an economic risk to the mine)? Finally, what is the position regarding recyclability? Critical and strategic minerals vary in important ways from one another. The careful practitioner will want to derisk critical and strategic mineral projects in a targeted manner, mindful of the characteristics of the commodity at hand. Thus a rare earths project raises different considerations than a lithium one. Bespoke contracts require insight into the characteristics of critical and strategic minerals, as outlined in the Core Critical and Strategic Minerals Compendium.

Anton Vavrinec Ottmayer – administrácia, advokácia, správa a vzdelávanie

The study deals with an important Slovak lawyer, university lecturer and writer Anton Vavrinec Ottmayer who lived and worked in the capital of the Hungarian Kingdom for the first two thirds of the 19th century. The paper deals mainly with the lesser-known aspects of his career, in particular his scientific career within the Faculty of Law, where he was Dean for two years (1832–1834). He lectured on statistics, mining law and also published on the law of substitution. His literary works were written in Slovak, his professional legal works in Latin and German. In addition, he worked as an attorney and agent (lawyer) at the military court. In 1849 he was accused of insulting the majesty by the Austrian authorities, he was convicted and spent one year in prison. This put an end to his previous university career and he therefore started his own business. His aim was to build a waterworks in Pest. His activities were not always successful, he lost his house at auction and tax lawsuits were also brought against him. To this day, it is not entirely clear exactly when he died. Ottmayer’s life well documents the developments of Hungarian capital, the existential dilemmas, professional and political challenges for lawyers at the time. It also documents the university world and the professional issues that resonated in the professional press of the first half of the 19th century.

Towards an Integrated Legal Regime for Data and Sample Regulation under China’s Deep Seabed Mining Law

Abstract China enacted its Deep Seabed Mining Law in 2016 and promulgated the provisional measures for deep-sea data and sample management under Article 18 of the Deep Seabed Mining Law in 2017. After the institutional reforms in 2018, China entered a new era of ocean governance. This article presents a critical assessment of the provisional measures issued by the former State Oceanic Administration and proposes recommendations for the revisions of the provisional measures. Part one of this article introduces the background and briefly describes the purpose of this article. Part two provides an overview of the provisional measures for deep-sea data and sample management. Part three delivers a critical analysis of these provisional measures, demonstrating the flaws that the current provisional measures suffer. Part four proposes recommendations for the revision of the provisional measures, suggesting that an integrated data and sample management measure with a higher legal hierarchy should be promulgated by the Ministry of Natural Resources and that a streamlined regulatory framework for deep-sea data and sample management should be adopted.

Study on Fracture Evolution and Water-Conducting Fracture Zone Height beneath the Sandstone Fissure Confined Aquifer

Studying the evolution law of overlying rock fissures and predicting the development height of water-conducting fissure zones is the key to preventing roof water damage, protecting mine water resources, and realizing the safe and sustainable development of the mine. To study the overburden fracture evolution law of coal mining under aquifer conditions, the 1402 working face of Longwangzhuang Mine in Shaanmian Coalfield serves as the engineering background based on the Fractal Theory and similar simulation technology; this paper analyzes the fracture evolution of overburden rock and the development law of Water-Conducting Fracture Zone (WCFZ) during the advancing of working face, and further puts forward a model for the location discrimination of overburden fracture based on plate theory. The results indicate that post-mining, overburden rock failure assumes a trapezoidal shape, and fractures around the cutting hole and the side of the working face fully develop, while those in the middle of the goaf tend to compact. The distribution of the fracture network of mining strata at different advancing distances has good self-similarity, and the fractal dimension of the fracture network of overlying rock can be divided into three stages: ascending dimension, decreasing dimension, and stable phase. The II 1 coal seam fracture does not spread to the Sandstone Fissure Confined Aquifer. These findings provide strategic guidance for protecting mine aquifer water resources, preventing and controlling roof water inrush, and ensuring safe and sustainable production within the study area.

Rudolf von Carnall (1804–1874), reformer of Prussian mining law, co-founder of the German Geological Society, influencer in the founding of the Royal Prussian Geological State Survey and pioneer of the potash industry.]

Rudolf von Carnall (1804–1874), reformer of Prussian mining law, co-founder of the German Geological Society, influencer in the founding of the Royal Prussian Geological State Survey and pioneer of the potash industry.]

Breaking law of overburden rock and key mining technology for narrow coal pillar working face in isolated island

When conducting retreat mining in segmented coal pillars, the dynamic evolution of stress and overlying strata structure is more complex than conventional working faces due to the influence of adjacent working faces. Understanding and mastering the dynamic evolution patterns of overlying strata structure after retreat mining in segmented coal pillar working faces is essential for guiding the safe recovery of coal pillar resources under similar conditions. Through statistical analysis of the types of residual coal and the mining techniques, the current research status of residual coal mining system in China has been summarized. Based on the safety recovery technology system for multi-type residual coal pillar resources at Zhaogu No.2 Mine, this paper focuses on narrow coal pillar working faces in sections with fully mined-out areas on both sides. By using research methods such as on-site measurement, theoretical analysis, numerical simulation, and engineering experiments, starting from the stress state analysis and evolution law of coal seam mining, the dynamic evolution law of the overlying rock structure of sectional coal pillars has been mastered. On this basis, a stress arch mechanical model of the mining area is constructed, and the working resistance of the support is calculated and determined, ensuring the safe recovery of the working face. The research results show that before the backfilling of the sectional coal pillar working face, the working face is affected by the overlapping mining of the goaf on both sides, presenting a “bimodal” stress distribution pattern, with a stress concentration coefficient between 1.78 and 3.2. After the extraction of segmented coal pillars, stress arches consisting of high-stress zones form along both the strike and dip of the working face. The structural support provided by stress arches undergoes a dynamic evolution process of “formation-development-elevation-stabilization” as the working face advances. Following the instability and rupture of the lower basic roof hinge structure, the stress-bearing structure shifts to the higher basic roof, continuing to provide support for the surrounding rock stress in the mining space of the working face. A stress arch mechanical model for the dip and strike of the mining area is constructed , and the shape characteristics of the overlying rock stress arch in the coal pillar working face is mastered. Based on the stress distribution law and stress arch evolution characteristics of the surrounding rock of the coal pillar working face, the maximum working resistance of the support in the working face is theoretically calculated to be 9153.48kN. Compared with the measured mine pressure data, the selected support effectively ensures the safety production of the working face.

Mining Law in Cameroon: A Blueprint for Investors in the Sector

Cameroon is currently at an important crossroads as far as the development of the mining sector is concerned. In recent times, the mining sector has undergone series of legislative reforms with the aim to spur the interest of investors in this sector of the economy. These legislative reforms have also been in line with the country’s vision to become emergent by 2035, with the mining sector been one of those sectors to spur the realization of this vision. This paper therefore aims at examining the extent to which the Cameroonian mining law has become a tool to attract investors in this sector of the economy which in the past decades has witnessed a downturn of investors. The paper makes use of the qualitative research methods. Despite significant strides that the Cameroonian government has made to make to lure the interest of investors, inadequacies of the mining law, lack of transparency and accountability, discrimination in terms of obtaining certain mining licences and political instability are the major setbacks that has hindered the continuous growth of the sector. It is in this light that the research recommends both nationals and non-nationals should be involved in artisanal mining, tax and customs incentives should not only be limited to holders of semi mechanized and industrial mining permits or licences, transparency and accountability should be strengthened through continuous publication of mining data and declaration of revenue obtained from this sector, and rehabilitation of the mining sites should be effectively supervised by the concerned body.

A critical appraisal of the legal and policy framework for sustainable mining in Ethiopia

The integration of the concept of sustainable mining into major legal frameworks presents a complex challenge of balancing short-term economic gains with the long-term objectives of economic and social development as well as environmental well-being. This article provides a comprehensive analysis of how the Ethiopian legal framework incorporates the principles of sustainable mining. Employing a qualitative research methodology, this study examines the adequacy of the legal framework in addressing sustainability issues arising from mineral resource extraction. Through document analysis, the article investigates the legal challenges associated with achieving sustainable mining practices. It scrutinizes constitutional provisions, mining laws, and policies governing mineral resources in Ethiopia. The findings indicate that the Ethiopian government has made notable efforts to develop a competitive legal framework that ensures that mining activities are conducted in an economically efficient, environmentally conscious, and socially responsible manner. However, this research uncovers significant gaps and inconsistencies within the existing legal framework, which results in uncertainty and confusion among various stakeholders. These problems impede the effective and sustainable management of mineral resources and ultimate ly undermine their potential contribution to Ethiopia's economic growth and social development. Considering these findings, this article proposes several recommendations to address the identified legal and practical challenges associated with regulating mineral resources.

Geodetic innovation in Chilean mining: The evolution from static to kinematic reference frame in seismic zones

Abstract The use of regional kinematic reference frames (mRFs) in seismic zones is uncommon worldwide. This article proposes a solution implemented for Chilean mining, whose current projects are based on the classic reference frames (PSAD56 and SAD69). The approach is to move from a classic reference frame to an mRF in seismic countries where earthquakes constantly alter the frame. Our research group calculated an mRF (REDGEOMIN) that includes interseismic, coseismic, and postseismic deformation using CORS with open data from 2009 to 2022 and processed with scientific standards global navigation satellite system. REDGEOMIN consists of a deformation model (ADELA) with an interpolation approach through thin plate spline, allowing the greatest deformation to be modelled at campaign points. The relationship between classical and modern systems was explored with conformal transformations and NTv2 grids to include deformations, especially coming from PSAD56 and SAD69. The results demonstrate that REDGEOMIN aligns with the IGb14 reference frame (<1.0 mm), SIRGAS (ENU = 1.0, 1, 0, 2.0 mm), and the Chilean national reference frame SIRGASChile@2021.00 (ENU = 1, 2, 1, 6, 4.3 mm) aligns with millimetric precision. ADELA deformation model accurately models period locations to within 5 mm. Densification of REDGEOMIN@2022.00 at passive points PSAD56/SAD69 shows centimetric precision. PSAD56/SAD69, adjusted in the 1970s, are outdated due to crustal movement and seismic events and have metric errors. Therefore, different types of transformations were evaluated between PSAD56/SAD69 and REDGEOMIN@2022, whose RMS is between 1.57 and 1.69 m, and national grid transformations (NTv2) with an RMS of 0.23 and 0.16 m for PSAD56 and SAD69, respectively. The relationship between the classic systems and REDGEOMIN allows the transformation of the entire Chilean mining cadastre to epoch 2022.00. Starting in 2022.00, REDGEOMIN/ADELA offers millimetre precision, which is crucial in seismic zones. Furthermore, it paves the way to implement an updated national-level mRF in case of seismic events. Currently, Chilean mining laws are rigid, geodesically speaking. Therefore, legal-technical suggestions for implementing REDGEOMIN are also included in this article.

Legal Evolution: Analyzing Minerba Law No. 3/2020 Amendments on Reclamation and Post-Mining Responsibilities

This study analyzes shifting norms in Indonesian mining law, focusing on the phrases "and/or" in Article 96 and "guaranteed" in Article 169A paragraph (1) of Law no. 3 of 2020 Minerba. Using a normative method with a statutory approach and historical interpretation, it finds that "and/or" offers flexibility for mining companies in choosing reclamation or post-mining activities, while "guaranteed" is replaced with "can be given," implying stricter conditions for operating permit extensions. This research underscores a redefined responsibility framework, emphasizing adaptability and stringent criteria in mining operations. Highlights : Flexibility in Activity Choice: "And/or" offers mining companies the flexibility to choose between reclamation and post-mining activities, enhancing efficiency. Stricter Permit Conditions: "Guaranteed" replaced with "can be given" implies stricter terms for operating permit extensions, ensuring compliance. Redefined Responsibility Framework: The study reveals a redefined framework emphasizing adaptability and stringent criteria in Indonesian mining law. Keywords: Indonesian mining law, shifting norms, responsibility, reclamation, operating permits

Numerical Simulation Study on The Effect of Isolated Coal Pillar Width on The Subsidence Law of Deep Mining

A large number of research results show that the reasonable determination of the width of the coal pillar is an important factor affecting the stability of the surrounding rock along the roadway along the fully mechanized discharge. In this paper, the mechanism of the specific condition of isolation of coal pillars in the deep roadway of Menkeqing coal mine area on the law of surface subsidence is analyzed. The FLAC3D numerical simulation technology was used to simulate the multi-level experimental scheme to analyze the influence of different remaining coal pillar widths on the stress and strain of overburden rock and surface subsidence, and to reveal the relationship between the width of isolated coal pillars and the surface subsidence law of deep mining.

Numerical Simulation Study on The Effect of Isolated Coal Pillar Width on The Subsidence Law of Deep Mining

A large number of research results show that the reasonable determination of the width of the coal pillar is an important factor affecting the stability of the surrounding rock along the roadway along the fully mechanized discharge. In this paper, the mechanism of the specific condition of isolation of coal pillars in the deep roadway of Menkeqing coal mine area on the law of surface subsidence is analyzed. The FLAC3D numerical simulation technology was used to simulate the multi-level experimental scheme to analyze the influence of different remaining coal pillar widths on the stress and strain of overburden rock and surface subsidence, and to reveal the relationship between the width of isolated coal pillars and the surface subsidence law of deep mining.

Analysis of Coal Mining Legal Instruments and the Powerlessness of the State in Restricting Natural Destruction Activities by Corporations (Case Study of the Implementation of the Law on Coal Mining Against Ecological Environmental Damage in Indonesia)

<em>Management of Natural Resources (SDA) through mining has generated huge income for the Indonesian government. In addition, mining activities have caused damage to the natural environment that poses a threat to the future of human life. The government makes every effort to restrict mining activity so as not to harm the environment. A set of legal laws has been developed, but mining activities continue to harm the environment.Why is this so? What's the issue? Is the mining law still ineffective? Or weak execution of law? This research solves these questions at least. This study is qualitative in nature. This study's data were collected through a series of interviews, a review of the relevant literature, and a document analysis. The study's conclusions show that the laws controlling mining have limited the options available to mining entrepreneurs for carrying out their operations without endangering the environment. On the other hand, the finding of unreclaimed mining sites suggests that the legal process has not been followed correctly or diligently enough.</em>

Drivers and drags of speculative land developments in a prospective mining landscape, Ghana

This study investigated the drivers and trends of land developments in Newmont Ahafo North Project area. We analysed Landsat imagery to determine land use and cover changes from 1990 to 2021, utilizing a supervised classification method and data from a sample of 200 stakeholders through structured interviews in five project communities. The interrelation of factors influencing land developments in the area was examined using the Partial Least Squares (PLS) model. The results demonstrated a substantial decline in cropland and bareland from 45 % and 38 % to 17 % and 21 %, respectively, with corresponding increases in the built-up and vegetation covers over the period. The pending mining project induced significant speculative developments affecting agriculture and native vegetation. Long mineral exploration, unemployment and poverty, non-compliance and enforcement of mining laws, inadequate compensation, and the compensation experience of farmers drove speculative developments in the mining landscape. The mines declared a mining area without prompt compensation and economically constrained poor locals. This generated contention between the mine and the affected community, culminating in costly expenditure and frustration of the project's timelines. The study underscores the need to rigorously enforce the mining land access legislation and review provisions and application of mining laws on speculative development to curb contestations.

Three-dimensional property: Current development trends on the Polish example

Abstract 126The majority of modern European legislations traditionally follows the concept of land ownership derived from Roman law. It is based on the assumption that the owner’s rights are unlimited in spatial terms. Within this understanding, the spatial scope of ownership extends to open space above and below a specific part of the land’s surface, delineated two-dimensionally. Several exceptions to the general underlying approach have been successively introduced in particular European legal systems in the course of historical development. These include, in the first place, building leases and apartment ownership as well as separate ownership of buildings. Furthermore, widely accepted limitations as to the vertical scope of ownership stem from specific regulations in the fields of mining law, geological law, water law and aviation law. Another manifestation of departure from the traditional concept of land ownership are legal solutions falling into the category of three-dimensional (3D) property, which is of increasing interest nowadays in view of growing needs for new forms of ownership and land use in densely built urban areas. At the core of the concept of 3D property in the strict sense lies the possibility to divide the space into distinct layers defined by horizontal and vertical planes, and to create so-called three-dimensional immovable properties which constitute independent objects of property rights. Such 3D units can serve multiple above- and underground investment purposes. Regulations regarding different models of 3D property rights have already been adopted in a number of countries in Europe and worldwide. Recently, conceptual work on layered ownership has been undertaken in Poland, which has opened a discussion in the legal scholarship on the future legislative changes to be implemented in order to introduce the notion of 3D property to domestic law. In parallel with these tendencies, the idea of 3D cadastre is being promoted. It offers 127the possibility to register real estate objects located at different levels. Worthy of note in this regard is also the impact of the current technological advancements on increasing the investment potential of urban space through 3D property formation. This article elaborates, first, on the general concept and selected types of 3D property rights existing in national jurisdictions. Against this background, the proposal for the new legal construct of layered ownership has been discussed with particular consideration of the possible ways of adapting it to the Polish property law framework. Some of the opportunities and challenges brought about by the 3D property rights development have been then outlined in the context of extensive implementation of emerging technologies in real estate transactions.

A Critical Evaluation of the Adequacy Of Current Mining Laws in India: A Legal Study

It is a known fact that mining laws in any country is considered as a most important aspect and is necessary for the development of the country and especially for India being a developing country. But still India is struggling with the proper implementation of law as number of cases has been seen where the mining is been exploited by the players of the mining industry. This research paper is an attempt to analyse the important legislations regarding mining laws in India and are they sufficient to fulfil the current needs of the country specifically, the Mines and Minerals (Development and Regulation) Act, 1957. In this paper, the researchers would focus upon the important mining laws which regulates the mining sector in India and focus upon the implementation of the same by the government. First of all, the important mining legislations will be discussed and analysed in the paper. Further, the paper would throw light upon the challenges which are existing in the country in regard of the mining sector and in the respect of which the Legislature should look upon the challenges and do the necessary changes which are necessary in the current times. In support of this, this research would also look upon the judgements passed by the respective Courts in the context of lack of implementation of the mining laws in India. Finally, the analysis and the way forward will be discussed in this paper.

일제강점기 조선광업령으로부터 살펴본 광업법의 흐름과 시사점

Various movements for carbon neutrality and eco-friendliness are proceeding globally grounded on the conversion of energy; however, resources like oil still occupy an important position. In this situation, legislation is an important issue in the preparation of the basic system to manage and cope with it properly. Korean legislation has been significantly influenced by the law in the Japanese colonial era. Japanese colonial rule was based on the legislation to exploit labor and material from colonial Joseon in many ways then. This is our painful and unforgettable history.
 For this reason or such, there are quite a lot of similar parts between Korea and Japan in terms of the administrative system and the legal system. Therefore, based on the historical review of the legislation, it is necessary to attempt to consider and contemplate historical and legal implications related to the Mining Law. It was such a painful history, but we should not keep living in it. Therefore, it is needed for us to select the items that can be referred to now and think about the issues from various perspectives for mutual survival.
 In conclusion, from realistic perspectives, it is necessary to examine and discuss it constantly to make new mineral resources efficient within the conditions related to resources changing globally and utilize Korean resources more usefully.

Simulation study on surface deformation of shallow buried coal seam mining in a gully area

Coal mining subsidence leads to frequent surface ecological and environmental problems. Due to the unique topographic conditions within gully areas, the deformation and damage characteristics, along with the evolution laws of the surface, have been difficult to analyze. To explore the surface movement and deformation law of shallow-buried coal seam mining in a gully area, this study designed a three-dimensional similar-material simulation test simulating the complete movement and deformation of the ground surface under real terrain conditions and proposed a complete data acquisition and processing scheme. Combined with the numerical simulation analysis, we utilized this scheme to analyze the dynamic influence law of coal seam mining in a gully area on the distribution of ground surface stress and displacement as well as on the dynamic characteristics of the ground surface damage. The results show that the existence of gully topography affects the stress distribution of the ground surface and the raw rock of the coal seams underneath and that there exists a stress concentration in the gully area of the ground surface. Furthermore, the mining activities of the coal seams lead to an increase in the degree of stress concentration in the gully area of the ground surface, and the slopes enter into the process of energy accumulation and sudden release, which makes the region prone to the occurrence of geological disasters such as landslides and collapses. In addition, the surface movement and deformation in the gully area are more intense, exceeding the plain area, and the surface movement is affected by the spatial location relationship between the mining area and the slope body, causing the center of the mining area to show obvious eccentricity characteristics. The results of this study provide a reference basis for the safe mining of coal mines in gully topography.

Spillover Effect of Surface Mining on Cocoa Farming in The Wassa Amenfi East and West Districts, Ghana.

Purpose: Based on the resource curse paradox, we argued that farmers are crowded out due to their lower marginal propensity to bargain, making them vulnerable to livelihood shocks. Consequently, we examined the spillover effect of surface mining on cocoa farmers in the Wassa Amenfi East and West districts. Design/Methodology/Approach: Using a mixed research design, a total sample of 758 farmers were proportionately sampled from 14 purposively selected communities from Wassa Amenfi East and West districts. In addition, community extension agents, chief farmers and opinion leaders were formed into a focus group for discussion. The quantitative data were presented using descriptive statistics and the Wilcoxon Sign Ranked test and triangulated with emergent issues from the focus group discussions. Research Implications/Limitations: The study largely focused on cocoa farmers who were affected by surface mining. As a result, the findings of this study were interpreted within that scope unless they are confirmed by studies that involve a cross-section of cocoa farmers. Findings: We found that the livelihoods of cocoa farmers have deteriorated due to significant reductions in cocoa farm sizes and yields attributed to surface mining activities in the districts. Generally, cocoa farmers willingly gave out farmlands to miners to receive a bulk sum of money. The processes involved in the computation and payment of compensation were not in line with protocols enshrined in the Minerals and Mining Act 703 of Ghana and the tenets of the entitlement theory of justice. Practical Implications: Sustainable land-use planning is a crucial element in mitigating the negative impacts and fostering resilient cocoa-farming communities in the affected districts. Based on this the study highlights the need for a comprehensive approach that addresses environmental and economic challenges. Social Implications: The social implication of the study lies in the ability of cocoa farmer groups to advise their members against giving out their cocoa farms to surface miners and to make them aware that cocoa trees are heritage cash crops that are for use by current and future generations. Originality/Value: The paper contributes to the debate on the weakness of mining laws in protecting vulnerable groups with a focus on surface mining that crowds out farmers from the land market and dislocates them from their livelihood activities.

Lithium nexus: Energy, geopolitics, and socio-environmental impacts in Mexico's Sonora project

The global transition to low-carbon energy systems has dramatically increased the demand for lithium, essential for energy storage and transport electrification—with lithium-ion (Li-ion) batteries as the dominant technology in both market segments. However, the majority control of its downstream processing by China present challenges. Enter the Sonora Lithium Project in Mexico, home to what could be one of the world's largest lithium deposits. This project symbolizes the convergence of geopolitical stakes, as both China and the United States (U.S.) have keen interests in its success. The Mexican government's 2022 establishment of Litio para México (LitioMx), a national lithium company, could reshape global lithium dynamics, but the influence of powerful drug cartels in the region presents significant security obstacles to rapid development. Further, modern mining's challenges, such as the need for sustainable practices and addressing socio-environmental concerns, come to the fore. Mexico's mining laws thus far fall short in ensuring Indigenous rights and environmental protection. The Sonora project, while promising, highlights the myriad complexities surrounding lithium mining. This paper delves into these challenges using the Sonora Project as a lens, aiming to provide clarity and insights for various decision-makers, stakeholders, and researchers.