
Mining Law and Policy: International Perspectives
Author(s): John Southalan (Author)
- Publisher: Federation Press
- Publication Date: 9 Aug. 2012
- Edition: 1st
- Language: English
- Print length: 300 pages
- ISBN-10: 1862878498
- ISBN-13: 9781862878495
Book Description
Mining Law and Policy: International Perspectives explains the key legal issues in the regulation of mining. The book starts with an overview of the mineral sector and broader forces which influence (and are impacted by) mineral regulation including mineral economics, sustainable development and other policy considerations. In addition to a broad summary of how governments regulate mining, the book follows with seven chapters examining the legal issues in:
•mineral rights/permits (including types and allocation of rights, dealings in mineral rights, impairment of rights);
•land access & use (including the interaction of mining and other land uses, ancillary rights for mining);
•mine development & production (including typical contract forms, workplace safety, government approvals, local content);
•environmental & social issues (including impact assessment, human rights, artisanal mining, indigenous people, mine rehabilitation);
•financial & investment issues (including market regulation, government revenues & taxes, mining finance & accounting, non-government royalties);
•government agreements (including their scope, ownership & control issues, stabilisation, renegotiation, interaction with third parties); and procedural matters (including mining registers, dispute resolution, corruption, and regulatory impact assessment).
The book is extensively referenced with examples drawn from over 250 laws and court decisions from twenty countries, and over 700 secondary materials including books, articles and government reports.
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About the Author
John Southalan
John Southalan is an Australian lawyer who has practised in commercial and human rights areas since the early 1990s. He worked originally with Corrs Chambers Westgarth (Australian national law firm) including on occupational health and safety matters in the resources sector, commercial disputes between gas & mining companies, and general commercial litigation.
Since 1998, John has mainly worked in relation to human rights and rule of law issues. He worked from 1998-2000 in Thailand, through the Australian Volunteers program, and has continued occasional volunteer work with the Burma Lawyers Council since then including research and writing and also law and human rights training on the Thai-Burma border.
John worked for over 5 years with an NGO and Australia’s human rights commission in relation to indigenous land rights. This included considerable input into industry and governmental reviews about mining and indigenous rights, and also involvement in the Mining, Minerals and Sustainable Development process.
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