To see the other types of publications on this topic, follow the link: Mining law.
Dissertations / Theses on the topic 'Mining law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Mining law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Svensson, Gabriella. "Text and Data Mining in EU Copyright Law." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-413020.
Full textAbstract:
Text and data mining can be a useful tool in such diverse fields as scientific research, journalism, culture and not least training of artificial intelligence and its importance is likely to only grow in the future. Despite its huge potential there are many indicators that copyright law restricts use of text and data mining – keeping users from optimal application. This thesis discusses possible barriers crated by EU copyright law, in particular in the light of the new exceptions provided by the Directive on Copyright and Related Rights in the Digital Single Market and finds that despite improvements in terms of legal certainty there are still obstacles to the efficient application of text and data mining.
2
Schwartz, Priscilla. "Sustainable development and mining in Sierra Leone." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1871.
Full textAbstract:
The conflicts between pursuing mining activities to foster economic development and protecting the environment in which such activities take place is a recurring dilemma for mineral reliant countries like Sierra Leone. The concept of sustainable development was designed on the international platform to ameliorate such dilemmas. The concept functions as an arbiter to reconcile biases between developmental goals and environmental objectives, by advocating an integration of one in the other. This study presents sustainable development as valuable recipe, by which mining ventures could be pursued as an economic imperative (to meet the needs of present and future generations), while protecting the environment and its components in the pursuit of such developments. The thesis begins with an introduction into mining in Sierra Leone. It illustrates the international breeding of sustainable development in environmental protection (as oppose to economic development), and emphasise the importance of sustainability principles for sound legal and policy guidance at the national level. It also establishes the applicability of the concept to mineral resourced evelopmentsg enerally. Mineral-specificla ws and other legal controls in Sierra Leone are then examined as a case study; their sustainability content is ascertained and their capacity as a legal regime to direct or achieve sustainable mining in that country is explored. Finally, aspects of implementation of sustainable development in Sierra Leone's mining and its domestic implications are examined. This study shows that despite the definitional questions, sustainable development has direct and primary relevance for environmental protection in the economic exploitation of natural resources. It identifies a legal character in the concept beyond legislative processes, and a flexibility in its principles that allows for their interpretation within legal rules to enhance environmental protection at the national level. It also illustrates the link between effective implementation and ensuring sustainable mining.
3
Varayudej, Same. "The international deep seabed mining regime and third states." Thesis, The University of Sydney, 1993. https://hdl.handle.net/2123/26618.
Full textAbstract:
This thesis analyses the legal effects on third States of the deep seabed mining regime embodied in the 1982 Law of the Sea Convention. As a general rule, a treaty can neither impose obligations, nor confer rights, upon a third State without its consent. However, the thesis argues that the legal position of the third States could be affected by the Convention's regime in one or more of the following ways: namely, the objective legal personality of the International Seabed Authority, the customary status of the common heritage principle, the concept of an "objective regime" and the concept of an obligation erga omnes. The thesis examines these concepts in turn, relying on the assumption that the Convention (including Part XI) will come into force in its present form with widespread acceptance from many States including some major industrialized States, and that some States, particularly the US, will remain non-parties to the Convention. Finally, the thesis examines the interim obligations of certain industrialized States which are signatories to the Convention in the context of the compatibility of the reciprocating States regime with the Convention's regime.
4
Izedonmwen, Osaretin Ernest. "The environmental impact of deep seabed mining /." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59416.
Full textAbstract:
The deep seabed until the late sixties was a largely unknown part of the sea and represented nothing more than an academic curiosity. With technology making hitherto hidden depths of the ocean accessible for exploitation, it became known in the late sixties that the deep seabed contained precious minerals. In a world used to shrinking resources, this shot the deep seabed into the centre stage of world politics, becoming perhaps the most controversial issue in any United Nations Conference. The controversy centered around the legal status of the deep seabed. This work contends that there is not in place any viable international legal regime for supervising and regulating resource development in the deep seabed outside national jurisdiction; that whatever regulations there are, are geared towards facilitating exploitation of the area; that such lacunae would be at an environmental cost that could negate whatever short-term benefits are derivable therefrom.This work therefore examines the potential environmental impact of deep seabed mining and proposes a legal regime for preventing and minimizing same.
5
Green, Stewart Christopher. "The regulation of sand mining in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4475.
Full textAbstract:
Includes abstract.Includes bibliographical references.
Sand, an important input to the construction industry, is extensively mined from the environment leading to depletion of the resource as well as damage to riparian habitat and the alteration of river beds and banks. Sand mining in South Africa is controlled by a complex regulatory system that can be distilled into three main themes: mineral regulation; environmental regulation; and land use planning regulation. In this thesis, it is hypothesised that sand mining is subject to all three regulatory themes equally. In practice, however, the regulatory system is skewed in favour of mineral regulation with the effect that the latter two themes are effectively ignored by sand miners.
6
Madalane, Thembi. "The obligation to rehabilitate mining areas : post mining activities." Thesis, University of Limpopo (Turfloop Campus), 2012. http://hdl.handle.net/10386/905.
Full textAbstract:
Thesis (LLM) -- University of Limpopo, 2012The study focuses on rehabilitation, since absence of proper rehabilitation process result in indelible damage to the environment. South Africa, like many other countries, is faced with many environmental problems caused by mining. These problems are particularly caused by, inter alia, abandoned mining areas without rehabilitation, inadequate environmental impact assessment after closure, inadequate financial provision for rehabilitation, and lack of monitoring and aftercare system after post mine closure. The study found that many Companies ignore laws governing prospecting, extraction and rehabilitation. The main purpose of this research is to investigate and recommend guidelines in the rehabilitation process so as to instil respect for the environment. The study therefore recommended strict legislation relating to environmental protection against mining.
7
Ramushu, Mahlatse Rosinah. "The socio-economic impact of Modikwa Platinum Mine on the Maandagshoek Community with reference to the applicable mining law framework." Thesis, University of Limpopo (Turfloop Campus), 2009. http://hdl.handle.net/10386/406.
Full text
8
Birch, Charles 1971. "Evaluating mining and petroleum joint ventures in Australia : a revenue law perspective." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8960.
Full text
9
Martínez, Aponte Humberto. "Obligations Regime of the Mining Concession (Mining rights system)." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117509.
Full textAbstract:
Mining concessions are subject to the fulfillment of liabilities by their owners based on ground for revocation, known as «expiration», as part of mining rights systems. The recent evolution of these liabilities and their focus as part of the conditions offered by the country for investment are analyzed by the author. To do this, the author conduct a review about the changes taken place in 1991 and 2008 mainly, as well as provides the elements to analyze the appropriateness of modifications or its flexibility. The tables used in the explanation constitutes a contribution, which were used by the author in conferences and due diligence for mining projects, as well as the consideration of both elements in the analysis of doctrine and real application of these concepts under the system of Peru.Las concesiones mineras están sujetas al cumplimiento de obligaciones por sus titulares, bajo causal de revocación, conocida como la «caducidad», enmarcadas en sistemas de amparo minero. La evolución reciente de estas obligaciones, así como enfocarlas como parte de las condiciones que ofrece el país para la inversión, son analizados por el autor. Para ello, realiza una revisión de las modificaciones ocurridas en 1991 y 2008 principalmente, así también proporciona los elementos para reflexionar sobre la conveniencia de nuevas modificaciones o de su flexibilización. Constituyen un aporte los cuadros empleados en la explicación, utilizados por el autor tanto en conferencias, como en due diligence en proyectos mineros; así como considerar en el análisis tanto elementos de doctrina, como de aplicación real deestos conceptos en el régimen del Perú.
10
Ludwig, Grit. "Auswirkungen der FFH-RL auf Vorhaben zum Abbau von Bodenschätzen nach dem BBergG /." Baden-Baden : Nomos, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494485922.pdf.
Full text
11
Feinerer, Ingo, and Kurt Hornik. "Text Mining of Supreme Administrative Court Jurisdictions." Department of Statistics and Mathematics, WU Vienna University of Economics and Business, 2007. http://epub.wu.ac.at/152/1/document.pdf.
Full textAbstract:
Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Austrian supreme administrative court jurisdictions concerning dues and taxes. We analyze the law corpora using R with the new text mining package tm. Applications include clustering the jurisdiction documents into groups modeling tax classes (like income or value-added tax) and identifying jurisdiction properties. The findings are compared to results obtained by law experts.Series: Research Report Series / Department of Statistics and Mathematics
12
Edmond, Grant Malcolm. "An investigation into transformation within the South African Mining Sector, with particular reference to the regulatory frameworks and mechanisms in which mining firms operate : a case study on Lonmin Plc." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20869.
Full textAbstract:
Transformation is undoubtably a moral imperative. It primarily relates to the eradication of past discriminatory practices and the establishment of a society founded upon equality and justice. Unfortunately transformation has become a buzz word that is used in academic literature, legislation and the media I a variety of content. This research will focus on the mining sector, given the importance of the sector to the South African economy and the slow progress that the sector has made in advancing transformation. This dissertation sets out to better understand the term transformation through an extensive analysis of the current framework in which mining forms operate. This includes non-legislative and legislative documents. The research will take the form of a case study that focuses on Lonmin Plc. It will first conduct an extensive review of the literature and the transformation framework that applies. Secondly, the research will bring the case study into a current reality by interviewing individual miners, community leaders and Lonmin representatives. These interviews will be semi-structured, whereby an interview guide will form the base of the discussion. The goal of these interviews is to view the current transformation framework in light of the lived experiences of individuals. The interview data will be analyzed using a thematic analysis approach, initially coding the interview manuscripts and ultimately collating these codes into themes which will be discussed in detail. The research will focus on a Black Economic Empowerment deal that was concluded between Lonmin and the Bapo Community. The is intended to highlight some of the complexities surrounding Black Economic Empowerment deals in practice. The research found that the main components of transformation, as illustrated by the literature and the interviews, are the creation of better working conditions for miners, the skills development of Historically Disadvantaged South Africans, the adoption of preferential procurement policies by Lonmin Plc and the conducting of proper engagement processes between mining companies and mining communities.
13
Sbert, Carlsson Carla. "Mining from the Lens of Ecological Law: Obstacles and Opportunities for Re-formation." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39178.
Full textAbstract:
Ecological law is a legal paradigm that is emerging in response to the current ecological crisis. This thesis explores the main challenges and opportunities in existing laws, particularly in the context of mining, for a shift to this new paradigm. A synthesis of the main critiques, scientific and economic concepts, legal scholarship and proposals that contribute to the theory of ecological law is presented, along with a discussion of the relationship and potential synergies of ecological law with Indigenous legal traditions and with Green Legal Theory. An analytical tool to help improve the understanding of what a shift to ecological law would entail–a lens of ecological law–is proposed, building on ecological law scholarship. The lens of ecological law consists of three principles of ecological law: ecocentrism, ecological primacy and ecological justice. This lens is applied to three different legal approaches to mining in order to reflect on the implications for a shift to ecological law in this sector: El Salvador’s ban on metal mining; mineral extraction proposed in Ontario’s Ring of Fire; and mining in the context of the rights of Mother Earth and vivir bien recognized in Bolivian law. Conclusions on the obstacles and opportunities for a shift to ecological law in mining, and recommendations on the ecological law re-formation of mining and on further research are offered in closing. Ecological law promises to be an important part of building an ecologically just society.
14
Vega, Rengifo Beatriz de la. "Taxation on mining and hydrocarbon investments." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/116765.
Full textAbstract:
This article comments the most important aspects of the tax treatment applicable to investments of mining and oil and gas industry. The document highlights the relevant tax topics of the general tax legislation(Income Tax Law) and the special legislation of both industries (General Mining Law and Hydrocarbons Organic Law).Este artículo comenta los aspectos más relevantes del tratamiento tributario de las inversiones de la industria minera y de hidrocarburos, resaltando los puntos principales de la legislación tributaria general (Ley del Impuesto a la Renta) y sectorial (Ley General de Minería y Ley Orgánica de Hidrocarburos).
15
Maunumäki, Aleksi. "Mining, remediation, and financial guarantees : the Swedish implementation of the Extractive Waste Directive 2006/21." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-432020.
Full textAbstract:
Modern society relies on metals and minerals produced by the mining industry. However, waste from extractive operations is one of the largest waste streams in the European Union. This waste can have serious impact on the environment and human health and safety in the long-term. Wastes from mining industries must therefore be properly managed. To ensure that extractive waste facilities are properly managed, and that the necessary remedial measures are taken, the operator must provide a financial guarantee before commencing operation. This financial guarantee provides the necessary funds for remediation, regardless of the financial capacity of the operator. The financial guarantee instrument was imposed on the mining sector through the Extractive Waste Directive 2006/21/EC. Considering the financial guarantee instrument’s novelty in the European Union, and Sweden’s status as one of Europe’s major mining countries, the Swedish implementation of Extractive Waste Directive 2006/21/EC has been chosen as the focus of this study. Thus, this thesis will provide insight into the Swedish implementation’s practicality, predictability, and conformity with European Union law.
16
Nangolo, Eino Kandali. "An analysis on creating balance between economic transformation and investment in Namibia's mining industry." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28082.
Full textAbstract:
The study is based on inclusive economic transformation and foreign direct investment (FDI) in Namibia's mining industry. The author seeks to find out how the two competing interests can be balanced, so that readers understand the relevance of both to economic growth and poverty alleviation among the society. In doing so, the study uses the distributive justice theory to justify inclusive economic transformation whereas on the other hand, uses the rational choice theory and investment laws to demonstrate the impact of FDI on the Namibian mining industry. Advise and ratings from the World Bank and international rating agencies have been considered in this regard. In addition, the study includes a brief comparative analysis on how economic transformation affects the economy South Africa and Zimbabwe. The comparison is necessary in order to determine whether Namibia will yield different outcomes or it will fall into the same category like its neighbouring countries. Thereafter, the study concludes with a discussion on the recommendations for future.
17
Jantzen, Oscar. "Mineraljakten – en uppsats om minerallagens förenlighet med egendomsskyddet." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-180334.
Full text
18
Peña, Moreno Efraín. "Comparative Law and Reflections on the Progressive Closing of Mining Projects in Colombia and Peru." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118328.
Full textAbstract:
The objective of this article is to present the importance of implementing the Closure Planfor Mineral Projects. To this purpose, the author studies and analyzes success stories of closing mining projects, in particular, focuses its analysis on Colombian and Peruvian cases.El objetivo de este artículo es dar a conocer la importancia de la implementación del Plan de Cierre de Proyectos Mineros. Para tal fin, el autor parte del estudio y análisis de casos exitosos de cierre de proyectos mineros, en particular, centra su análisis en los escenarios colombiano y peruano.
19
Cowell, Kelly. "Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?" Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29555.
Full textAbstract:
Motivated by the abundance of unexploited natural resources within Kenya, the country released a new Mining Act in 2016. The proclaimed objective, to increase mineral contribution from one percent to ten percent of Kenya’s GDP by 2030, demonstrates governmental focus on enticing investment in the mineral sector. Historically, a primary focus on investment potential in developing countries exposed to sudden mineral booms, is likely to lead to social and environmental destruction. It is therefore important to evaluate the status of Kenya’s new mineral law, and what that means for the country’s ability to foster a sustainable future. Corporate social responsibility (CSR) is discussed in relation to international norms and standards. Kenya’s Constitution and new Mining Act are then examined to identify what safeguards ensure social and environmental protection. While many countries have voluntary CSR mechanisms, Kenya’s Mining Act contains mandatory CSR procedures and regulations. Should Kenya fail to ensure these laws are adhered to within the spirit of the Constitution, there will be negative consequences for the country. Whether there is sufficient governmental willpower, combined with the necessary human and technological resources, to maintain and enforce the established laws is yet to be determined.
20
Brumfitt, Ian Michael. "Reconciling mining and land-use planning law: challenges facing cooperative governance in South Africa." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4467.
Full text
21
Swart, Katherine. "The mining legacy in South Africa - a superfund sized problem or a trust fund baby? a critical analysis of the market-based instruments applicable to mining, with specific focus on financial security mechanisms and suggestions for a new approach." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4494.
Full text
22
Ncube, Vuyisile. "Rethinking enclave development in view of the African mining vision (AMV): lessons for the social and labour plan system." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31042.
Full textAbstract:
A Social and Labour Plan (‘SLP’) contains the comprehensive development programmes that a mining right holder must create and implement to benefit a mining affected community. An application for a mining right must be accompanied by an SLP. Additionally, SLPs must contain development programmes that address human resources and local economic development. This dissertation considers whether the SLP System perpetuates an enclave approach to development (‘enclave development’). Enclave development occurs where mining companies develop physical infrastructure, such as roads and electricity, to support their extraction of natural resources. The definition relied on in this dissertation goes a step further to include the implementation of social programs that only target specific areas surrounding mining operations. Assuming that the SLP system indeed perpetuates enclave development, the dissertation also inquires whether this can be remedied with reference to the African Mining Vision (‘AMV’). The hypothesis that the SLP System perpetuates enclave development was initially borne out of the Marikana Commission of Inquiry, which revealed issues with a British mining company’s SLP compliance. Relying on an enclave development approach is particularly problematic in South Africa, as it neglects the development of labour-sending areas and other poor communities that happen to be far from mining operations. By considering the AMV, it becomes evident that elements of the AMV’s proposed strategy of Resource-based Industrialisation are being pursued in South African mineral law and policies. The issue then arises whether the AMV can provide insight. Is it the case that South Africa has not yet seen the benefits of pursuing a Resource-based Industrialisation (‘RBI’) strategy because government is yet to maximise its implementation? Alternatively, are the critiques levelled against the AMV’s RBI strategy valid, hence its inability to speak to the South African SLP System? The critiques levelled against an RBI strategy are that: (a) it perpetuates the colonial model of resource extraction (thus explaining why South Africans fail to see the positive impact of this industrialisation strategy) and (b) it fails to address the negative social and environmental costs of pursuing a minerals based industrialisation strategy. Were one to support the argument that South Africa should work towards the full implementation of an RBI strategy, then the AMV’s proposal of localising the benefits of mining are appealing. The AMV proposes that a government establishes clear fiscal linkages with mining operations, that there be a clear revenue distribution system and the establishment of a Sovereign Wealth Fund. The development of fiscal linkages and a clear revenue distribution system would enable government to re-invest and distribute the revenue to local government, so that labour sending areas and poor communities benefit from mining. The portion of the revenue from mining would be invested into a Sovereign Wealth Fund and the revenue would ensure future generations also benefit from mining. The above approach, to localising the benefits of mining as opposed to relying on SLPs, returns primary responsibility for ensuring social development to the South African government. Governments are inherently far better capable than mining companies at ensuring far reaching social development and promoting socio-economic development. This dissertation concludes by asserting that at a theoretical level, although the AMV does provide insight that could potentially curtail the perpetuation of enclave development by the SLP System, whether these insights are worth implementing, and whether they can be implemented by the South African government, in the light of the compelling critiques levelled against the AMV’s RBI strategy needs further research.
23
au, rjlee@rickylee com, and Ricky Jose Lee. "Creating a Practical Legal Framework for the Commercial Exploitation of Mineral Resources in Outer Space." Murdoch University, 2009. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20100512.84701.
Full textAbstract:
This thesis addresses the legal and policy issues relating to what may be the most exciting prospect in the history of the human civilisation: the commercial exploitation of natural resources in outer space. The thesis is based on the hypothesis that such ventures are inhibited not by physical, technological and economic factors, but by the inadequacies and uncertainties present in the current body of space law and policy. Consequently, a new international legal framework and a policy consensus are required to provide a legal environment favourable for such a valuable and necessary development.
To substantiate this hypothesis, the thesis begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required. This is followed by a risk analysis of a typical commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such enormous financial commitments to be made.
What then follows is a detailed analysis of the legal framework for such activities as well as identifying the inadequacies of space law for the commercial exploitation of celestial resources. This is achieved through a discussion of the general principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine in international law and the effect of international disagreement over its application to celestial bodies.
Having established the relevant legal issues, the thesis then turns to consider the past failures in reach similar agreements and the competing policy interests that have prevented the success of such agreements. It attempts to balance such interests in creating a legal and policy compromise that may be acceptable to a majority of the international community and provide some practical proposals on the structural, procedural, administrative and judicial aspects of creating and implementing a new legal framework.
24
Tejada, Gurmendi Jaime Troy. "Legal Regime of the Mining Certification in Peru." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117686.
Full textAbstract:
In this article, the author analyzes strengths and weaknesses of the domain systems of minerals, allowing us knowing the system adopted for our Constitution. Then, the author evaluates the characteristics and legal nature of mineral exploration concession and exploitation. After that, he will examine in detail the mining procedure govern by the GeneralMining Law and its Regulations, which allow domestic and foreign investors to obtain themining concession title. Finally, he will offer proposals in each of the methods related to the mining concession and its procedures in the public administration.Mediante el presente artículo el autor analiza los defectos y virtudes de los sistemas de dominio de los minerales, permitiéndonos conocer el sistema que adopta nuestraConstitución Política, para seguidamente analizar las características y naturaleza jurídicade la concesión minera por exploración y explotación. Posteriormente, analizará de maneradetallada cada una de las etapas del procedimiento ordinario minero regulado por el TextoÚnico Ordenado (TUO) de la Ley General de Minería y sus Reglamentos, que permitirá a losinversionistas nacionales y extranjeros obtener el título de concesión minera, para finalmenteanalizar, brindar sugerencias y recomendaciones en cada uno de los procedimientos administrativos conexos o vinculados a la concesión minera por exploración y explotación.
25
Mpinga, Shamila. "Advancing the effective implementation of the one environmental system for mining through cooperative environmental governance." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32290.
Full textAbstract:
In 2014, the One Environmental System for mining came into effect. This legislative framework was introduced to streamline the environmental regulation of mining activities by consolidating such regulation in the National Environmental Management Act (NEMA). The most significant aspect of the regulatory framework, for purposes of this research, is the allocation of powers to the authorities responsible for implementing the One Environmental System. The authorities tasked with implementing the One Environmental System are the Department of Mineral Resources and Energy (DMRE), the Department of Environment, Forestry and Fisheries (DEFF) and the Department of Human Settlements, Water and Sanitation (DHWS). In the distribution of power, the DMRE is tasked with enforcing the regulatory framework in the minerals extraction industry. The DEFF sets the regulatory framework and is the appeal authority for decisions taken by the DMRE. Finally, the DHWS is responsible for regulating and enforcing the National Water Act. Although introducing the One Environmental System has improved the regulation of the environment in relation to mining, its regulation - and, more so, enforcement - has received more criticism than praise. Intragovernmental fragmentation has been cited as a cause of ineffective implementation of the regulatory framework. A lack of cooperation between the departments hampers the objective of streamlining the environmental regulation of mining. Therefore, it is imperative that the authorised departments cooperate with each other to achieve the effective implementation of the One Environmental System for mining. The aim of this dissertation is to suggest ways to foster cooperation between the DMRE, DEFF and DHWS to achieve the effective implementation of the One Environmental System. This goal is achieved by providing an analysis of the implementation efforts of the three departments. Since the analysis shows that intragovernmental fragmentation has hampered the effective implementation of the regulatory framework, this research provides recommendations to improve the implementation of the One Environmental System.
26
Poveda, Eliane Pereira Rodrigues 1961. "A eficacia legal na desativação de empreendimentos minerarios." [s.n.], 2006. http://repositorio.unicamp.br/jspui/handle/REPOSIP/286744.
Full textAbstract:
Orientador: Hildebrando HerrmannDissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Geociências
Made available in DSpace on 2018-08-07T02:46:39Z (GMT). No. of bitstreams: 1 Poveda_ElianePereiraRodrigues_M.pdf: 837454 bytes, checksum: 728458f062c05129a3b75012a128f19d (MD5) Previous issue date: 2006
Resumo: A presente dissertação analisa a necessidade de compatibilização das políticas mineral e ambiental, com vistas ao aproveitamento adequado dos recursos minerais, bens indisponíveis e de natureza difusa, com a análise jurídica de todo o ciclo de vida do empreendimento minerário, desde a sua concepção até o planejamento do fechamento da mina com sua desativação. Após uma breve abordagem dos princípios que norteiam as políticas públicas, critica-se a ausência de um tratamento sistemático à desativação dos empreendimentos minerários. Os recursos não-renováveis devem ser tutelados pelos órgãos competentes dentro do seu poder de polícia administrativa, com vistas à obtenção das Licenças Ambientais e suas respectivas renovações. A desativação da atividade seria considerada mais uma etapa do licenciamento, sendo devidamente acompanhada desde a fase de pesquisa, com ênfase na proteção dos recursos naturais (ar, águas - superficiais e subterrâneas -, solo, subsolo, fauna e flora) até a sua exaustão. Ao final, propõe um novo modelo legislativo de regulação do tema com a cooperação dos instrumentos previstos nas políticas públicas analisadas, com vistas à eficácia legal e social do licenciamento ambiental, objetivando a prevenção de passivos ambientais oriundos da atividade, por meio da propositura da Licença de Desativação. A desativação é analisada como mais uma etapa do licenciamento ambiental no ordenamento jurídico, a ser planejada durante a renovação da licença de operação, objetivando sistematizar os conflitos de interesses do aproveitamento dos recursos minerais, de fundamental importância para o mercado nacional para assegurar trabalho e qualidade de vida ao homem na sociedade, com a devida proteção dos bens ambientais
Abstract: The present study analyzes the importance of compatibilization of the administration of mineral and environmental sectors, aiming at an adequate management of mineral resources, providing legal analysis of the mineral business from its conception until its closing plan and desactivation. Shortly after a brief introduction to the public policies, there is a criticism against the absence of a systematic measure for the desactivation of the mineral industry in the Brazilian jurisdiction. The resources that are not renegotiable should be managed by the appropriate sectors within the policy of administration in order to prevent environmental damage. The desactivation of its activities would be considered one more step is the licensing that should be monitored since its research phase, emphasizing the preservation of natural resources such as air, water ¿ superficial and underground, earth, fauna and flora and their exhaustion. Finally, a new legislative model of regulation has been proposed, with the cooperation of instruments foreseen in the public administration policies analyzed, as to their legal and social efficacies for an environmental license, aiming towards the prevention of environmental damage that could be originated by the mineral activities from the periods of research until their closure plan by proposing a License of Desactivation. From a legal aspect, the desactivation is mostly analyzed as an environmental license measure that envisions maintaining and preserving the environment as well as exploring its mineral resources, bringing business and revenues to the domestic market, providing jobs and a better quality of life for the local community
Mestrado
Administração e Politica de Recursos Minerais
Mestre em Geociências
27
Van, Meter Heather J. "Sustainable development and public international institutions : lessons from the mining industry." Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7753/.
Full textAbstract:
This thesis analyzes public and private international efforts towards sustainable development to date in the mining industry. Specifically, this thesis analyzes the roles of the United Nations, WTO, IMF and World Bank, and other institutions promoting sustainable development in the mining industry. This thesis also considers private company and NGO efforts towards sustainable development in the mining industry. The thesis concludes by recommending a public-private partnership for shared value in the mining industry with respect to sustainable development, meaning a partnership between industry, NGOs and public international institutions that generates economic value while simultaneously producing value to society by addressing societal and environmental problems.
28
KODIVERI, Arpitha Upendra. "Deliberating development in India’s forests : consent, mining and the making of the deliberative state." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/71875.
Full textAbstract:
Defence date: 08 July 2021Examining Board: Professor Peter Drahos (European University Institute); Professor Joanne Scott (European University Institute); Professor B.S Chimni (Jindal Global Law School); Professor César Rodríguez-Garavito (NYU School of Law)
Deliberating Development in India’s Forests is a thesis that examines how India’s forest laws and the right to free, prior, and informed consent or consent provision of forest-dwelling communities has shaped the relationship between the state and forest-dwelling communities in extractive frontiers. The relationship between the state and forest-dwelling communities is tenuous as land in forest areas is acquired based on the Doctrine of Eminent Domain for extractive industries. Through extensive fieldwork in three mining sites in the eastern state of Odisha, this thesis offers an analysis of how the consent provision is implemented and how the relationship between the state and the forest-dwelling citizen is mediated by the pro-business bureaucracy as one of competing sovereignties. The forest-dwelling communities describe that the state operates in multiple modalities in India’s forests to enable extraction and realize its pro-business ambitions. Drawing from interviews with forest-dwelling communities and their aspirational legal interpretation of the consent provision the thesis makes an argument for the state to operate in a deliberative mode in India’s forests supported by a shared sovereignty framework and theories of deliberative and nodal governance. The thesis charts out an institutional pathway to overcome the structural imbalance experienced by forest-dwelling communities in their negotiations and dialogue with the state. This pathway can pave the way to repair the ruptured relationship between forest-dwelling communities and the Indian state and entrench the state in its deliberative modality.
29
Silvestre, Mariel. "Viabilidade juridica da ocorrencia da atividade mineradora em area de preservação permanente." [s.n.], 2006. http://repositorio.unicamp.br/jspui/handle/REPOSIP/286778.
Full textAbstract:
Orientador: Hildebrando HerrmannDissertação (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
30
Mugo, Tabitha Muthoni. "Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33839.
Full textAbstract:
The benefits of Mineral resources must be distributed equitably and sustainably among all mining stakeholders including mining communities. Sustainable mining practices extend to the promotion of socio-economic development of local communities affected by mining activities. Mining communities often bear the brunt of the negative effects of mining, which include environmental degradation and interruption of social and cultural norms. In recent times, mining communities have increasingly raised concerns and complaints in opposition to the commencement of mining projects or ongoing mining projects where mining companies have failed to fulfil their end of the bargain. For example, in South Africa, the unrest leading to the unfortunate events at Marikana in 2012 led to significant scrutiny on the role of mining companies in the socio-economic development of mine labourers and mining communities. In particular, the effectiveness of Social and Labour Plans was brought under scrutiny. Additionally, the Constitutional Court has recently adjudicated cases relating to the relationship between mining companies and mining communities whereby the need for meaningful consultation with mining communities before the grant of a mining license was emphasized. This dissertation analyses whether the legal framework in South Africa adequately safeguards the rights of mining communities. Further, it considers whether the mechanisms put in place in the mining legal and regulatory framework, for example, the requirement of consultation with interested and affected parties, sufficiently protect mining communities. A proposal is made for the incorporation of Community Development Agreements into the legal framework to safeguard mining community rights for the following reasons. First, the agreement provides legally binding obligations for both parties. Secondly, it serves a powerful mechanism in sharing the benefits of mining. Thirdly, it provides a clear structure for the mitigation of some of the negative impacts of mining through socio-economic development of mining communities.
31
Haas, Johanna Marie. "Law and Property in the Mountains: A Political Economy of Resource Land in the Appalachian Coalfields." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1204466619.
Full text
32
Cloete, Loriaan. "A critical analysis of the distintion between mining and manufacturing for South African income tax purposes." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1344.
Full textAbstract:
"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.
33
Gorogodo, Milicent. "A critical analysis of Gold Fields v Harmony Gold Mining : the effect of the court's decision on offers to the public for subscription of shares." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4625.
Full text
34
Safak, Sukru. "Discussion And Evaluation Of Mining And Environment Laws Of Turkey With Regard To Eu Legislation." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/3/12607665/index.pdf.
Full textAbstract:
ABSTRACT
DISCUSSION AND EVALUATION OF MINING AND ENVIRONMENT
LAWS OF TURKEY WITH REGARD TO EU LEGISLATION
Turkey is trying to become a member of the European Union. Within this frame,
studies are proceeding for harmonization of the Turkish legislation with the EU
legislation. European legislation might have positive or negative impact on the
mineral extraction industry and national mining law. Since there is no title directly
related to mining policy in the EU legislation the mining policy of EU was evaluated
especially under the titles&ldquoenergy&rdquo
and &ldquo
environment&rdquo
. In this thesis, the Turkish mining regulations and the environmental aspects of the mining activities have been investigated and discussed in comparison with those of EU. The latest developments about mining sectors of Turkey and EU have been evaluated and the comparison between EU directives and Turkish laws and regulations about mining have been made. In this study, modifications that should be realized in laws and regulations and measures that should be taken by Turkey as a candidate country for EU discussed and some proposals have been made.
35
Munarriz, Gerardo J. "Indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in Peru." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/62915.
Full textAbstract:
This thesis examines and questions the role of international human rights law and international economic law in relation to the increasing encroachment and dispossession of Indigenous lands and territories by multinational corporations (MNCs) in the extractive industry. It also aims to explore the role of a national state’s legal framework and policies not only in validating, authorizing and embedding this process, but also in authorizing a growing and pervasive trend of persecution and criminalization of Indigenous communities who challenge and resist MNCs’ operations. The examination of the relationship between national and international law provides a terrain to grasp how international economic law and international human rights law have become part of evolving regulatory architectures of global governance aiming to validate and embed global capital accumulation.
Focusing on Peru, this thesis argues that law, particularly international economic law and the legal framework developed in Peru since the 1990s, has played a prominent role in facilitating and embedding multinational corporate investment in the extractive industry, and in weakening the rights of Indigenous and peasant communities to control their land, water and resources. Peru’s legal framework and policies on extractive industries have not only validated the expansion of MNCs operations and dispossession of Indigenous lands, but have also validated a growing trend of persecution and criminalisation of Indigenous communities. While international economic law constitutes, enables and protects MNCs, international human rights law and corporate social responsibility mechanisms are linked to and help to extend the expansion and deepening of global capital accumulation by means of laws and regulations designed to facilitate and remove barriers to the power and mobility of MNCs.
Notwithstanding legal and socio-economic barriers, Indigenous communities have mobilized against and resisted MNCs operations. A comparison of three conflicts involving corporate actors and local communities reveals the existence of intense social mobilization and resistance of Indigenous and peasant communities to defend their land rights, their environment and livelihood, their participation in the decision making process and fair distribution of economic benefits.Law, Peter A. Allard School of
Graduate
36
Oskarsson, Patrik. "The law of the land contested : bauxite mining in tribal, central India in an age of economic reform." Thesis, University of East Anglia, 2010. https://ueaeprints.uea.ac.uk/20537/.
Full text
37
Feijoo, Raúl. "Interview with Luis Carlos Rodrigo Prado: Tax stability agreements and their impact on mining investment." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123194.
Full textAbstract:
The interview focuses mainly on the theme of contracts Tax stability. thus, the author shows how its development has been in our system in recent years related to mining investment in our country and from the General Mining Act. He also takes a position with regard to measures to promote investment presented by the Government. Finally, the author emphasizes the importance of stability contracts primarily to provide certainty to investors.La entrevista se centra principalmente en el tema de los contratos de estabilidad tributaria. De esta manera, el autor indica cómo ha sido su desarrollo en nuestro ordenamiento en los últimos años en relación con la inversión minera en nuestro país y a partir la Ley General de Minería. Asimismo, señala su posición con respecto a las medidas para promover la inversión que presentó el Gobierno. Finalmente, el autor enfatiza la importancia de los contratos de estabilidad sobre todo para brindar seguridad jurídica a los inversionistas.
38
Le, Roux Naudene. "Environmental governance, fragmentation and sustainability in the mining industry / Naudene le Roux." Thesis, North-West University, 2012. http://hdl.handle.net/10394/7398.
Full textAbstract:
As a developing country, South Africa is in dire need of socio-economic development
and upliftment, especially in the light of past inequalities. Mining generates massive
amounts of revenue and creates employment for the masses and could therefore
contribute successfully towards socio-economic development, especially in a country
which is richly endowed with mineral resources. Mining seems unsustainable due to
the fact that it leads to the destruction of the natural environment and the depletion of
non-renewable resources. Mining companies must nonetheless strive to achieve
sustainability.
The Constitution stipulates that the State should establish an environmental
governance framework to, amongst others, protect the environment and prevent
pollution while ensuring justifiable social and economic development. While the
Constitution emphasises the importance of the integration, the question remains as
to how the notion of sustainable development should be interpreted in a country
suffering from severe poverty and a need for social and economic development. The
aim of this study is to determine how the sustainability concept within mining and
environmental legislation could be interpreted and given effect in order to ensure
better environmental governance within the mining sector. This study indicates that
the current environmental governance framework regulating the mining industry is
fragmented and lacks the necessary criteria to ensure sustainability.
For the purposes of this study, a sustainability model was developed for the mining
industry along the lines of the different layers of an "onion" to illustrate the
interdependence of the different layers of sustainability. To ensure better
sustainability within the environmental governance framework, currently regulating
the mining industry, sustainability criteria should be developed, clearly indicating how
the different layers of sustainable development should be weighed, balanced and
integrated by decision-makers.Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.
39
Hogaboam, Dieter Grant. "Compensation and control, silicosis in the Ontario hardrock mining industry, 1921-1975." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22323.pdf.
Full text
40
Flores, Jose Cruz do Carmo. "Fechamento da mina : aspectos tecnicos, juridicos e socioambientais." [s.n.], 2006. http://repositorio.unicamp.br/jspui/handle/REPOSIP/286759.
Full textAbstract:
Orientador: Hildebrando HerrmannTese (doutorado) - Universidade Estadual de Campinas, Instituto de Geociencias
Made available in DSpace on 2018-08-08T03:45:06Z (GMT). No. of bitstreams: 1 Flores_JoseCruzdoCarmo_D.pdf: 3690114 bytes, checksum: 115eb3898eda96859bdbb86ae31dfa21 (MD5) Previous issue date: 2006
Resumo: o fechamento de mina insere-se como uma nova fase na vida do projeto de mineração. Seus principais objetivos são garantir que a saúde e a segurança públicas não serão comprometidas no futuro; que os recursos ambientais não serão expostos a posterior deterioração biológica, física e ou química; que o uso pós-mineração da propriedade será benéfico à comunidade e sustentável no longo prazo; e que quaisquer impactos socioeconômicos adversos serão mitigados. Os conceitos e procedimentos relativos ao fechamento de mina vêm se expandindo rapidamente, em termos de escopo e responsabilidade dos principais grupos interessados, dentre eles governo, empresas, comunidades impactadas e organizações não-governamentais (ONGs), instituições financeiras de crédito e outros componentes da sociedade civil. O Direito - como ciência social que o é - vem explicitando a consciência e a preocupação da sociedade com o adequado e seguro fechamento das minas, e internalizando as melhores práticas par.a se atingir seus objetivos. Esta tese dedica-se ao estudo e análise da arte do fechamento de mina sob os seus diversos aspectos. Ressalta-se a importância econômica e social da mineração, através da análise dos aspectos positivos e negativos desta atividade humana. Introduz-se o fechamento de mina como uma nova fase do projeto de mineração. Apresentam-se os conceitos de alguns termos usualmente encontrados nos trabalhos relativos ao tema fechamento de mina. Apontam-se as principais causas que conduzem ao fechamento, os tipos de fechamento que podem ocorrer e as etapas que integram o processo. Analisam-se os principais impactos ambientais, econômicos e sociais advindos do fechamento. Abordam-se os aspectos técnicos, jurídicos e socioambientais inerentes ao fechamento de mina na legislação de alguns países selecionados. Sintetiza-se a regulamentação do tema na legislação brasileira. Expõem-se os programas de fechamento de algumas minas brasileiras, de pequeno, médio e grande porte. Ao final, recomendam-se algumas questões inerentes ao evento, como sugestões para futuros estudos e pesquisas, e apresenta-se, como apêndice, a proposta de um conjunto de diretrizes, como contribuição ao estudo do tema e à progressiva regulamentação desta fase do projeto de mineração no Brasil
Abstract: Mine closure is a new stage in the life of a mining project. Its main objectives are guarantee that the future public hea1th and safety are not compromised; environmental resources are not subject to further physical and chemical deterioration; the post-mining use of a site is beneficial and sustainable in the long-tenn; and any adverse socio-economic impacts are minimized. The concepts and principIes surrounding mine closure are rapidly evolving in tenns of the supposed scope and responsibility of the major interested groups, among them government, industry, impacted communities and other stakeholders such as non-governmental organisations (NGOs), financial institutions and other components of civil society. The Law - as a social science - has highlighted the society conscious and preoccupation with the proper and safe mine closure and intemalized the best practices to achieve its purposes. This thesis focuses in the study and analysis of the evolution of mine closure art - under its several aspects. Highlight the economic and social importance of mining, through the analysis of positive and negative aspects of this human activity. Mine closure is introduced as new stage of the mining project. It is presented the concepts of some tenns usually employed in studies related to mine closure. Emphasize the main causes that can direct to closure, the types of closure that can occur and the steps part of this processo The main environmental, economic and social impacts from the mine closure process are analysed. Deal with technical, legal, social and environmental aspects in the law of some selected countries. Synthesize mine closure regulation in the Brazilian Law. Approach the programmes in course for closure of some small, medium and large size Brazilian mines. At the end recommends some points inherent to mine closure as suggestions to future researches and presents, as an appendix, a proposal of guidelines as a contribution to the study and the progressive regulation on mine closure in Brazil
Doutorado
Administração e Politica de Recursos Minerais
Doutor em Ciências
41
Palomino, Seguín Daniel Jesús. "Mining or industrial activity? The Legal Qualification of the Cement Manufacturing Process and the Bet for a Certain Normative Framework that Clarifies the Competences of the Ministry of Energy and Mines and the Ministry of Production." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/119087.
Full textAbstract:
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.
42
Tuokuu, Francis Xavier Dery. "Environmental Policy Assessment in the Ghanaian Gold Mining Industry: Insights from Stakeholders." Antioch University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=antioch1550831805060485.
Full text
43
Andersson, Carl. "A bonded discrete element approach to simulate loading with hydraulic mining excavators." Thesis, Luleå tekniska universitet, Institutionen för teknikvetenskap och matematik, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:ltu:diva-84845.
Full textAbstract:
When operating hydraulic mining excavators the loading equipment is exposed to harsh conditions which lead to extensive wear of the equipment, especially the bucket and bucket teeth. Simulations are used to better understand the wear development and to evaluate new methods to operate excavators more efficiently. At the Aitik mine, operated by the high-tech metal company Boliden Mines, hydraulic excavators are used when loading the mined ore. One of the hydraulic excavators used at Aitik is the Komatsu PC7000. In this master thesis, a simulation model for the hydraulic excavator Komatsu PC7000 was developed with the simulation software LS-DYNA. This model consists of multi rigid body dynamics to describe the motion of the excavator and a granular material model to describe the rocks loaded into the bucket of the excavator. Simulations with two different types of granular material models have been utilized to study the wear development of the bucket. One of the models (bonded DE model) uses bonded discrete elements to describe the large rocks and single discrete elements are used to describe smaller rocks. This model is compared to the current FE-DE model which is being used today at Boliden. This model uses finite elements (FE) to model the larger rocks and discrete element spheres (DES) for smaller rocks. By using the bonded DE method a 71\% reduction in simulation time could be achieved. This can be partly explained by the reduction of the number of elements included in the rock pile. Archard's wear law was used to numerically describe the wear development of the bucket. When simulating the wear a total of 30 bucket fillings were performed with the excavator. This was done with both the bonded DE method and the FE-DE method. In this wear study, the inside of the bucket was of interest. The resulting simulated wear map was compared to experimental measurements from which the plate thickness of the bucket had been measured two times to obtain the wear depth of some points inside the bucket. The experimental measurements and two 3D scanned point clouds were used to determine the wear depth inside the bucket. Results from the simulation showed that the wear is concentrated to the center of the bucket while less wear is concentrated to the sides of the bucket. With the bonded DE method the wear appeared to be more evenly distributed inside the bucket while the wear from the FE-DE method appeared in spots inside the bucket. The experimental results also showed that the wear was more extensive in the center of the bucket and also in the back of the bucket. Both simulation methods also showed that the wear was concentrated to the back of the bucket. From the simulations, it was also seen that the behavior of the material flow differed between the two methods. In the bonded DE method the material flow had more sliding behavior while the material flow in the FE-DE method had more rolling behavior. This could also be the reason why the bonded DE method captures the wear more evenly. The rolling behavior seen in the FE-DE method leads to more impact wear which is not captured by Archard's wear law. Overall, the bonded DE method leads to a big reduction in simulation time which is favorable when it comes to simulation. The larger rocks will have simpler shapes without sharp corners. However, the method allows for a more complex shape than just an ordinary sphere which is the simplest and most common shape to describe granular material. The bonded DE method also allows for easier configuration of contact definition since fewer contact interfaces must be added to the model. Furthermore, the post-processing of wear in LS-DYNA was facilitated since the wear does not have to be divided into two wear collectors for FE elements and DE elements.
44
Busacca, Madeleine. "Corporate Social Responsibility in South Africa's Mining Industry: Redressing the Legacy of Apartheid." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/632.
Full textAbstract:
Corporate Social Responsibility is particularly relevant in the mining industry globally given the industry’s extractive nature. In the mining industry, significant pressure comes from interest groups and nonprofit organizations that have a tendency to target mining companies for their alleged lack of consideration and accountability to the environment and in the communities in which they operate. A push for CSR in the mining industry is especially prevalent in South Africa where mining has dominated the country’s economy for so long. CSR can help rid South Africa’s mining industry of its long history of instability and conflict that characterized class and race relations in the country. While historically neither the profits nor the costs of the mining industry have been equitably distributed among stakeholders, CSR programs can be a powerful mechanism in restoring social justice in South Africa, as seen by the mining company Anglo American.
45
Pachas, Pérez Diego. "Mining Exploration in Peru: A Brief Scope on the Main Authorizations for the Development of an Exploration Project in Peru." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118585.
Full textAbstract:
The purpose of the author in this article is to outline the main licenses regarding mineral exploration and publicize the usual paperwork and contingencies obtaining these permits.It also presents alternatives to traditional procedures, which are more useful in practice to expedite to start of mining exploration activities in Peru.El fin del autor en este artículo es hacer un esbozo de los principales títulos habilitantes para lo referente a la exploración minera, así como dar a conocer los trámites y usuales contingencias que acarrean la obtención de estos permisos. Asimismo, se presentanalternativas a las tradicionales autorizaciones, que son más útiles en la práctica para agilizarel comienzo de actividades de exploración minera en el Perú.
46
Mansfeld, Christina. "Environmental impacts of prospecting and mining in Namibian national parks : implications for legislative compliance." Thesis, Link to the online version, 2006. http://hdl.handle.net/10019/1646.
Full text
47
Tong, González Francisco. "Administrative Simplification and "Positive Regulation" in the Environmental and Mining Regulations." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/119160.
Full textAbstract:
In this article, the author studies the objectives and principles established during the 90’s,with respect to administrative simplification in contrast with the current governmental objectives for the optimization of the economy and reduction of unnecessary procedures,basically related to mining and environmental proceedings. Finally, the author proposes theneed for a structural change in Peruvian Mining and Environmental Regulations under the framework of what he calls a «positive regulation».En el presente artículo el autor reflexiona acerca de los objetivos y principios trazados en la década del noventa, en lo que respecta específicamente a la simplificación administrativa comparándolos con los objetivos actuales de dinamización de la economía y reducción de trámites innecesarios; principalmente, los referidos a procedimientos mineros y ambientales. Finalmente, el autor plantea la necesidad de un cambio estructural en la regulación ambiental y minera bajo la forma de lo que denomina una «regulación positiva».
48
Kengni, Bernard. "Strengthening decision-making processes to promote water sustainability in the South African mining context: the role of good environmental governance and the law." Doctoral thesis, University of Cape Town, 2020. http://hdl.handle.net/11427/32503.
Full textAbstract:
This thesis examines whether the concept of good (environmental) governance provides a useful tool and legal base for the achievement of water sustainability in South Africa's mining sector. The thesis introduces water pollution as one sustainability challenge that South Africa is facing in its mining sector. The main question is how the legal framework should promote and guide water sustainability through good environmental governance. The question results from the fact that mining is a constant threat to water resources. Mining is one of the leading causes of water pollution which adversely affects human life among others when water contaminated with heavy metals is consumed. Farming, as an essential component of food security, is under constant threat in places like Mpumalanga as soils are rendered less productive by mine-contaminated water infiltrating from topsoil or rising from underground mines. Similarly, polluted water adversely affects biodiversity, thus, destroying ecosystems and vegetation which serve as livestock feed. The analysis of sustainability, governance and good governance theories and specific concepts underpinning them shows that they can inform water protection in the South African mining sector. Sustainability, found to be a broad and interdisciplinary concept, is a necessary guideline for the pursuit of water governance in the mining sector. Despite conflicting perceptions or facts regarding sustainability, it is evident that for water to be preserved, sustainable practices are essential. This requires mining activities to be conducted while always minimising the occurrence of water pollution to ensure water sustainability in the South African mining sector. The thesis also expounds that water sustainability pursued through governance practices is likely to be effective in alleviating or preventing water concerns. Thus, the concept of governance is presented as a tool with which individuals or organisations can achieve effective water sustainability, through decision-making, planning and law enforcement. Governance as a concept is complex, multifaceted and interdisciplinary, but can ensure water sustainability and the wellbeing of members of society who depend on the natural environment. The thesis further highlights that water sustainability is more likely when pursued through governance in its best possible form. The concept of good environmental governance is therefore explained as a theory that can guide effective decisionmaking and serve as a tool at the disposal of interested and affected parties to judge the performance of administrative officials. Effective decision-making processes and its elements are to be promoted through cooperative governance, accountability, transparency and public participation, for effective administrative action. The thesis then analyses the South African legal framework and establishes that water governance in the mining sector is extensively catered for therein. The Constitution sets the water sustainability mandate based on which legislation is enacted, both followed by legal interpretation in the courts. The analysis, however, show that there are various shortcomings relating to the implementation and enforcement of the law through administrative action. Nevertheless, the analysis remains hopeful that water sustainability can still be achieved in the mining sector. Despite the existence of environmental provisions and various attempts to achieve water sustainability, the current South African legal framework still fails to control water pollution effectively. The failure may be attributed to the shortcomings of the said framework, but it is, to a larger extent, a result of poor implementation and enforcement. One main reason is less effective administrative action due to inefficient decision-making processes, which implies that the quality of governance regarding water protection in the mining sector is inadequate. Such findings show that water sustainability could have been achieved or improved if decisionmakers had relied fully on good governance principles to implement and enforce provisions aimed at water protection in the mining sector. Hence, this thesis finds that no new regulation is required; rather it suggests a reform of various provisions within the existing legal framework to improve water sustainability. This is subject to improved implementation and enforcement mechanisms.
49
Maziwisa, Michelle Rufaro. "A case for the establishment of a legal framework within the Zimbabwean mining sector to effectively regulate the corporate and social responsibilistie of multinational social responsibilities of multinational corporations by Michelle Rufaro Maziwisa." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/14408.
Full textAbstract:
Includes bibliographical references.The thesis makes a case for the creation of a legally binding instrument to regulate the conduct of multinational corporations operating in the Zimbabwean mining sector. The aim of this thesis is to explore the concept of Corporate Social Responsibility (CSR) and its application (or lack thereof) in the Zimbabwean mining sector with a focus on multinational corporations.
50
Wilson, Norma J. "Mining in parks : an analysis of the policy framework for B.C.'s provincial parks." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/42025.
Full textAbstract:
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