Mining License Research Articles

Rentier nation: Landlordism, patronage and power in Guyana’s gold mining sector

The consequences are examined of the revision of Guyana's Mining Act in 1989 that was intended to allow access to international mining companies while safeguarding national interests. One outcome was the acquisition of over 75% of small-scale and over 40% of medium-scale concessions by a small number of nationals. Landlordism expanded following the spike in the international gold price from 2006. The State’s failure to modify the poorly construed mining law, and to enforce the Regulations, enables the continued capture of the excess rent from gold sales by rentiers without commensurate responsibility for them to remedy the environmental degradation. Evidence of financial losses to the State from the renting of concessions and the smuggling of gold is presented. The legal protections of Indigenous Peoples are not enforced. The legal protections of mining workers are inadequate. We recommend: making the mining licence holder legally responsible for ensuring compliance with all Regulations on every concession; the implementation of Free, Prior and Informed Consent (FPIC) to safeguard Indigenous rights in both titled and customary territories; the capture of excess rent from gold sales for a sovereign wealth fund; and full transparency so as to end insider trading in concessions.

MEMBANGUN POLITIK KRIMINAL PADA PERTAMBANGAN BATUBARA YANG MENYEJAHTERAKAN MASYARAKAT MELALUI SARANA NON-PENAL

In Article 33 paragraph (3) of the Constitution of 1945, states earth water and natural resources contained therein controlled by the state and used for the welfare of the people. The realization of such mastery by delegating the authority to manage the natural resources of the state to the company is to provide state Mining Permit or Special Mining Permit. In protecting and overseeing the company that is engaged in coal mining government passed Law Number 4 of 2009 on Mineral and Coal Mining. In Article 162 of Law Number 4 of 2009 states that every person who impede or interfere mining activities from business license holders of mining and business permit of the mining specifically penalized by fines or imprisonment. The article shows a process of criminalization an action (criminal policy), which aim to protect the companies that already have a Mining Permit, but the criminal policy is contrary to the purpose of the criminal policy is an effort for the welfare of society and policies the protection of society, the existence of Article 162 of Law Minerals coal and coal mining communities can impede convicted. In the case of the counteraction form caused they want to protect the environment or their ancestral lands from exploration activities. So it is activity is not uncommon form of criminal policy by means of criminal law that gives rise to new conflicts. Therefore the criminal policy should be shifted from penal facilities to non-penal policy more accommodating community participation, so that the purpose of the criminal policy, namely the welfare of society and protect the community can be realized.Keywords: Political Criminal, Mining, Non-Penal

Notes on the Pollinators ofFrithia humilisBurgoyne, an Endangered Highveld Succulent

Frithia humilis Burgoyne (Mesembryanthemaceae) is an endangered succulent plant species and grassland endemic restricted to the Rand Highveld Grassland vegetation type. Its distribution is limited to Ecca and Dwyka (Karoo Supergroup) sandstone outcrops, often overlying coal deposits, in the region between Bronkhorstspruit and eMalahleni. In 2009 a F. humilis population was discovered by mining personnel after a coal mining licence had already been granted. As mining activities were swiftly impinging the population, nature conservation agencies proposed that the population be shifted to a safe habitat. The translocation was required to safeguard the population from certain extinction due to mining activities(Burgoyne & Hoffman 2011). Translocation, or assisted colonisation, whereby populations of a species under threat are intentionally relocated to another suitable habitat, is generally regarded as a 'last resort' conservation measure (Gordon 1994; Godefroid et al. 2011) and was applied as such in the case of F. humilis.

Do indigenous interests have a say in planning of new mining projects? Experiences from Finnmark, Norway

The exploitation of mineral resources in the resource rich north is high up on the Norwegian political agenda. Northern parts are also the home of the Sami indigenous people using these territories for practicing traditional and modern livelihoods. This holds implications for future sustainable mining as well as indigenous wellbeing.This article addresses the role of the Sami indigenous people in the planning processes of new mining developments in the northernmost Norwegian region of Finnmark, and the degree to which different Sami stakeholders can influence these processes.Using planning documents and media articles collected during the planning processes of two new mining projects in the region, Nussir and Arctic Gold, the article examines the formal role of the Sami interests in mining licensing processes; the ways in which different Sami stakeholders take part in environmental impact assessment (EIA)-processes; and the extent to which Sami views are taken into account when it comes to important project decisions. The article operates from a local community perspective, applying the concept of social sustainability with theories of indigenous and local community participation in planning processes.

Pembadanan Prinsip Kepemerintahan yang Baik (Good Governance) dalam Penerbitan Izin Usaha Pertambangan (IUP) (Studi Kasus di Sulawesi Tenggara)

This work is aimed at exploring appropriate method in embodying and applying the principle of good governance in managing strategic resources, i.e in issuing mining license. Governing this mining actually has crucial matters in order to underpine a huge value as well as benefit toward the economic growth and sustainable development. This effort is importance to prevent maladministration, corruption, and the deterioration of environmental quality that may block the sustainable development. This maladministration in issuing mining license has created complexity and overlap administrative decisions, either at the vertical or horizontal. At the vertical level the tension, conflicted, and overlapped administrative decision could be seen between central and local government, whereas at horizontal level, conflicted decision could be seen at sectoral department. For that reason, this work offers an appropriate method in integrating and embodying the principle of good governance, such as transparency, carefulness, and proportionality in issuing mining license. The application of this method may create a holistic and integrated policy in managing and optimizing collective strategic resources for the greatest benefit for greatest number of people.

Mongolian mining mayhem

Subject area International Business, Ethics, International Legal Issues/Law, Environmental Management. Study level/applicability Upper-level undergraduates and graduate students. The case is appropriate for courses in International Law, Ethics, International Business and Strategy. Case overview This case is inspired by current ethical, legal, social and environmental issues that have plagued the multinational mining industry in frontier markets. The case focuses on a multitude of legal, ethical and strategic issues involving the multinational mining industry. This case describes a hypothetical assignment facing an operations manager at the fictional Minera, Inc. The assignment revolves around several dilemmas a manager must confront as he attempts to secure valuable mining licenses from the Mongolian Government while simultaneously attempting to harmonize seemingly detrimental operating practices with the organizations' stated beliefs. The case provides detailed background information on the social, economic and political climate in Mongolia, as well as the applicable laws, ethical frameworks and competitive market considerations facing multinational mining organizations. Expected learning outcomes This case will help students understand the complexity of international business in frontier markets; identify key international legal issues such as the foreign corrupt practices act; and recognize ethical issues and formulate economically, strategically, ethically and legally sound courses of action in complex environments. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

INDUSTRIALISASI PERTAMBANGAN DAN DEAGRARIANISASI MASYARAKAT DESA (Studi Kasus Masyarakat Desa Embalut dan Desa Bangunrejo, Kecamatan Tenggarong Seberang, Kabupaten Kutai Kartanegara, Kalimantan Timur)

East Kalimantan province has issued a mining license (IUP) reached 1,192 pieces, until August 2014. Kutai Kartanegara is a county that issued the largest IUP is 407 companies, which 218 companies have been involved in the production, while the remaining 189 are still in the exploratory stage. Embalut village and village Bangunrejo which become part of the administration Tenggarong Seberang Sub-District, Kutai Kartanegara, is a village that has more than 30 years was associated with the mining industry, PT. Kitadin. The results showed that: (1) the mining industrialization has changed the structure of land in the village Embalut and village Bangunrejo where land holdings in both villages have concentrated on coal mining companies. (2) mining Industrialization increasingly encourage people to work or livelihood in outside agriculture (deagrarianization). This study used qualitative methods, with in-depth interview techniques, group discussions, observation, and study of literature / documents. <br />Keywords: Industrialization Mining, deagrarianization, land tenure

Diffuse Helium and Hydrogen Degassing to Reveal Hidden Geothermal Resources in Oceanic Volcanic Islands: The Canarian Archipelago Case Study

We report herein the results of soil gas geochemistry studies, focused mainly on nonreactive and/or highly mobile gases such as He and H2, in five mining licenses at Tenerife and Gran Canaria, Canary Islands, Spain, during 2011–2014. The primary objective was to sort the possible geothermal potential of these five mining licenses, thus reducing the uncertainty inherent to the selection of the areas with highest geothermal potential for future exploration works. By combining the overall information obtained by the statistical–graphical analysis of the soil He and H2 data, the spatial distribution of soil gas concentrations and the analysis of selected chemical ratios of the soil gas to evaluate the influence of deep-seating degassing, two of the five mining licenses (Garehagua and Abeque, both located in Tenerife Island) seemed to show the highest geothermal potential. These results will be useful for future implementation and development of geothermal energy in the Canaries, the only Spanish territory with potential high-enthalpy geothermal resources, thus the most promising area for high-enthalpy geothermal installations.

Roşia Montană in Romania: Roman Gold Mines and the Power of Protests

The aim of this paper is to analyse the history of the Autumn 2013 protests in Romania, the objective of which was to prevent the exploitation of gold and silver reserves in Roşia Montană, a mountain community in western Transylvania, Romania. This exploitation would pose a clear threat to the environment and the way and quality of life for local communities. For the first time since the revolution in 1989, Romanian society focused on a specific issue. The protests and demonstrations took place not only locally but also in other parts of the world. The movement was fuelled by a strong sentiment of political and economic inequality, retention of national identity, protection of the environment, and the local 2000-year-old roots. This included the local archaeological sites coupled with the protesters’ attachment to a territory which we will define as ‘the homeland’. As a result, the movement, through multinational peaceful demonstrations, triumphed, by pressuring the politicians into refusing to issue a mining license to the mining company. The next goal at the time of this writing is to place Roşia Montană on the UNESCO listed sites.

THE ZAMBIAN COPPERBELT: THE NEED FOR INTERNATIONAL REGULATION

ABSTRACTNatural resources in Africa have increasingly become a cause for concern. Not only do natural resources and the extractive industry need to be wary of conflicts which arise from their production processes, but the need for regulation becomes crucial. As one of the biggest producers of copper in the world, Zambia announced its decision to suspend the renewal of copper mining licences, and so the need for regulation of the industry became more important. Consequently, there is a need to examine the immediate effect of copper mining. Ultimately, the need to examine the possibility of regulating the copper industry which may have lessons in other extractive industries is proactively equally important. Thus, this article discusses the Zambian Copperbelt, copper mining in and its impact for Zambia as a case study to illustrate the need for an international regulatory framework. Finally, the article examines best practices which have been utilised in the diamond industry in the hopes of using these best practices in the copper mining industry.

PENGELOLAAN BARANG TAMBANG DALAM HUKUM ISLAM DAN HUKUM POSITIF

Earth minerals are the most important source should get special attention by humans, considering how valuable goods in the the world. In Islamic view, forests and minerals that are unlimited and may not be spent is public property and managed by the state, the results should be given to the people in the form of cheap goods in the form of subsidies for the primary needs of society such as education, health and public facilities. State-who are entitled to handle exploring (including management) minerals and distribute the results to the people of a country, in accordance with Islamic teachings. But also it is possible for states to cooperate with certain circles in realizing production patterns justified and realize justice in the distribution of minerals. In the other side, Mining law stipulates that the government should provide manageability mining rights to the three entities (private enterprises, cooperatives and individuals), and / or all or part of the mining activities which of course after getting a mining license from the government.

The co-constitution of neoliberalism, extractive industries, and indigeneity: Anti-mining protests in Puno, Peru

In June 2011, over 25,000 protesters congregated in Puno, Peru to demonstrate against a recent mining concession to a multinational mining corporation. Protesters employed an ‘eco-ethno’ rhetoric that centered around the potential for the mine to contaminate local water sources and made explicit their indigenous identity. The mobilizations eventually provoked the central government to revoke of the mining license and temporary halted all new extractive industry projects in the Puno region. The Puno protests present a case study to explore the impacts of neoliberal economic policies on indigenous peoples, the factors contributing to the emergence of a national indigenous movement in a country where previously ethnic activism was absent, and the utility of eco-ethno narratives for indigenous movements. The paper is composed of three main sections and arguments: (1) that while overall the acceleration of extractive industry investment caused by neoliberal policies threatens indigenous livelihoods, international governance structures and communication technology provide important new methods for indigenous peoples to secure international allies and legal support (2) that an indigenous movement centered around opposing resource extraction is emerging in the Peruvian Andes (3) that the eco-ethno narratives that won Amazonian indigenous peoples first-world environmentalist allies may not be successful in the Andes, but that a different variant of ecological rhetoric has proved useful in challenging state policies.

Negotiating a Text Mining License for Faculty Researchers

<p>This case study examines strategies used to leverage the library’s existing journal licenses to obtain a large collection of full-text journal articles in extensible markup language (XML) format; the right to text mine the collection; and the right to use the collection and the data mined from it for grant-funded research to develop biomedical natural language processing (BNLP) tools. Researchers attempted to obtain content directly from PubMed Central (PMC). This attempt failed due to limits on use of content in PMC. Next researchers and their library liaison attempted to obtain content from contacts in the technical divisions of the publishing industry. This resulted in an incomplete research data set. Then researchers, the library liaison, and the acquisitions librarian collaborated with the sales and technical staff of a major science, technology, engineering, and medical (STEM) publisher to successfully create a method for obtaining XML content as an extension of the library’s typical acquisition process for electronic resources. Our experience led us to realize that text mining rights of full-text articles in XML format should routinely be included in the negotiation of the library’s licenses.</p>

TANGGUNG JAWAB PEMDA TERHADAP KERUSAKAN LINGKUNGAN HIDUP KAITANNYA DENGAN KEWENANGAN PERIZINAN DI BIDANG KEHUTANAN DAN PERTAMBANGAN

Indonesia government has been struggling for implementing the concept of sustainable development nationwide. The Act No. 32 of 2004 on Regional Government gives the authority to local government widely, particularly relate to license of natural resources exploration in forestry and mining. Local Government has a strategic role with the given authority to issue IUP Exploration and IUP Production Operation, for mining businesses. Mining activities are very susceptible to environmental damage. Therefore, the authority given to local governments should be implemented with full responsibility. Moreover, they should realize that their role as local governments is essential in maintaining environmental quality in the region. At this point, in many cases, many local government officials have chances to violate their authority. Consequently, corruption is not inevitable. Ultimately environmental considerations are not a priority or primary consideration. The environmental damage that occurred in the region is the responsibility of local government, as part of the given authority.Key words : environmental damage, the mining licensing authority (IUP), the responsibility of local governments.

Do Many of Australiaas Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration? Analysis of Planet Mining v Indonesia and Regional Implications

Indonesia recently announced that it would review its 67 bilateral investment treaties (BITs). Shortly beforehand, it had unsuccessfully challenged the jurisdiction of an ICSID arbitral tribunal in a claim for expropriation and other violations brought by the Australian subsidiary of a UK coal mining company (Planet Mining v Indonesia). The tribunal’s decision found that consent to jurisdiction existed under the coal mining licences given by Indonesian authorities, but not under the wording of the 1992 Australia-Indonesia BIT. It found that the countries had only given a “promise to consent” rather than full advance consent to ICSID jurisdiction, meaning that Indonesia could still refuse consent subject to potential review through an inter-state arbitration procedure separately provided under the treaty. Further, as both countries remained party to the framework 1965 ICSID Convention facilitating enforcement of arbitral awards, another BIT provision for ad hoc investor-state arbitration (ISA) was also unavailable to investors.This paper critically assesses the arguments developed by the tribunal to reach this surprising interpretation of the Australia-Indonesia BIT. It also considers the potentially wide-ranging implications of the tribunal’s reasoning given similar wording contained in many other treaties concluded by Australia, and (to a lesser extent) some other countries in the region such as Japan. Fortunately for investors, some of those treaties (including the Australia-Indonesia BIT) are now complemented by ISA rights contained in bilateral or regional free trade agreements (FTAs), or may soon be. However, in light of the tribunal’s decision, Australia should clarify the scope of its other BITs, especially with countries in Eastern Europe and the Middle East. Other nations, legal advisors and arbitrators will also need to examine treaty wording and practice more broadly, which risks adding to growing costs and delays in ISA proceedings.

Political Connections and Earnings Quality: Evidence from India

This paper investigates the association between political connections and earnings quality in Indian companies. Recent corporate scandals (e.g., 2G mobile phone licences, coal block allocations, iron ore and granite mining licences) have underlined the political connectedness of Indian business entities. The increasing role of the private corporate sector in the economy in the wake of the economic liberalization has strengthened the traditional links between business organizations and the political system. The involvement of politicians in business and of business organizations in politics, the participation of senior civil servants in political and business-related activities and the dependence of political parties on donations from business organizations for funding elections have contributed to the importance of political connections in business. We find that connected firms have lower earnings quality than non-connected firms and are more likely to engage Big Four auditors.

ASPEK HUKUM TENTANG REKLAMASI PERTAMBANGAN BATUBARA STUDI DI KECAMATAN SATUI TANAH BUMBU

Coal mining on the one hand bring benefits in terms of economics, but on the other hand can cause a variety of environmental problems, one of which caused the rise of mining without a permit in scattered districts in South Borneo, one of them in the Land of Spices, especially Sub District Satui. This research is a normative juridical research . Function of law in the field of environmental conservation is a social engine ring . In this field are expected to create a behavior that is oriented to the preservation of the environment, natural resources and ecosystems for the benefit of present and future. Based on Law Number 4 Year 2009 on mineral and coal mining, reclamation place, as one of the obligations of the company's Mining Permit holders.

Legislative transformation of South African mining since 1994: what progress?

The Mineral and Petroleum Development Act 28 of 2002 (MPRDA) that regulates the mining industry in South Africa requires undertakings to transfer 26% of ownership of existing mines to ‘Historically Disadvantaged South Africans’ (HDSAs) by 2014 before issuing ‘new‐order’ mining licences. It is clear that this target has yet to be met, although some may have benefitted. The MPRDA, its related Charter and Scorecard and the Mineral and Petroleum Resources Royalty Act 28 of 2008 are set in context. The government appears to have transferred the responsibility to provide the Constitution’s ‘right of access’ to housing, healthcare, food and water, to the mining industry who have to implement expensive labour and socio‐economic plans in addition to the loss of equity and the onerous tax burden.

Transition: From E&P to CCS, how to deal with existing mining licences and infrastructure

Abstract In the beginning of 2009 the Dutch government planned to adopt a long term strategy for CO 2 transport and storage in the Netherlands. This strategy should be adopted in 2010. The Minister of Economic Affairs asked Gasunie B.V. (Gasunie) and Energie Beheer Nederland B.V. (EBN) to advise the Minister with respect to this strategy. One of the questions referred to the so-called transition period: from mining activities to carbon storage. What measures are necessary to accommodate this transition period? Depending on the long term strategy several changes in legislation could be necessary. These changes should allow the Minister of Economic Affairs to promote or -if desirable- enforce carbon storages. This article describes two main legal aspects of this transition period: the availability of CO 2 storage licences and the possibilities for re-use of existing infrastructure. Currently no depleted reservoirs are available for CCS. For most areas a mining licence has been granted. From the EBN/Gasunie study it follows that a smooth and cost effective transition from production to storage will be enhanced, if the existing mining licence holder can be the future CO 2 storage licence holder. In this article it is set out how the existing mining licence holder can be enabled to acquire the CO 2 storage licence. Further, it is set out how the government can create free areas in order to facilitate storage by third parties, in case E&P operators are not interested in CO 2 storage. Further re-use of infrastructure seems, from a cost perspective, advisable and should be facilitated by the Government. One of the findings of the EBN/Gasunie advice is that in general the preservation of infrastructure is cost efficient if the preservation period is maximized to ten years. At the end of this article it is examined for each sort of infrastructure how preservation is best secured.

Análise do plano de fechamento de mina no plano de aproveitamento econômico de uma jazida - uma exigência da NRM-20

O Código de Mineração do Brasil define lavra como o conjunto de operações necessárias para o aproveitamento industrial da jazida, as quais incluem a explotação (lavra) e o beneficiamento. Tais operações são apresentadas no Plano de Aproveitamento Econômico (PAE), que deve demonstrar a exeqüibilidade técnica e econômica da lavra de uma jazida para obtenção do Alvará (Portaria) de Lavra. Desde 2002, a inclusão do plano de fechamento de mina no PAE passou a ser uma exigência, conforme a NRM-20. Esse estudo investigou a aplicabilidade da exigência do plano de fechamento de mina nos PAEs protocolizados no DNPM. Para tal, foram avaliados 30 PAEs protocolados no DNPM, após a publicação da NRM. Embora seja uma exigência da NRM-20, esse estudo possibilitou observar que nenhuma das minas estudadas teve um plano de fechamento incluído no PAE. Também não possibilitou observar, em momento posterior, quando de alguma atualização, se os PAEs apresentados tenham sido aprovados e se o Alvará de Lavra tenha sido outorgado. Mesmo não havendo planos de fechamento incluídos, 14 PAEs apresentaram, na análise econômica da jazida, algum custo com fechamento de mina. Neles, a relação Custo Estimado de Fechamento/CAPEX mostra grande dispersão de valores. Por outro lado, em 16 PAEs não há qualquer estimativa de custos associados ao fechamento de mina. Esse estudo ressalta a falta de diretrizes do governo para a avaliação dos PAEs com foco no plano de fechamento de mina. E, por parte das empresas de mineração, destaca a falha em se considerar o custo de fechamento como o custo de contratação de consultoria para elaboração do plano de fechamento.