Build a Comparative Guide

1.1

Which legislative and regulatory provisions govern mining in your jurisdiction?

1.2

When was the mining legislation last reviewed?

1.3

What other legislative and regulatory provisions have relevance for mining operations in your jurisdiction?

1.4

Are there any regional treaties or laws that need to be taken into account?

1.5

Which bodies are responsible for enforcing the applicable mining laws and regulations? What powers do they have?

1.6

What is the regulators’ general approach in regulating the mining sector?

2.1

How mature is the mining industry in your jurisdiction?

2.2

What are the key minerals which are mined in your jurisdiction and where is mining activity typically based?

2.3

Are any minerals deemed strategic and, if so, what impact does this have?

2.4

Who are the key players in the mining industry in your jurisdiction?

2.5

In addition to exploration rights and mining rights, what other mining rights and titles exist (eg, artisanal or small-scale mining rights)?

3.1

What licences are required to undertake prospecting and exploration activities in your jurisdiction? Do these vary depending on the type of mineral or the location of the activity?

3.2

What requirements must be satisfied to obtain a licence?

3.3

What is the procedure for obtaining a licence? How long does this typically take?

3.4

Who can own exploration rights in your jurisdiction? Do specific requirements or restrictions apply to foreign operators?

3.5

What fees and other charges are incurred in obtaining a licence?

3.6

What is the duration of a licence? What is the process for renewal?

3.7

What are the operator’s rights and obligations under the licence?

3.8

Are there any requirements re relinquishment of an exploration licence or part of the area covered by an exploration licence?

3.9

Can licences be transferred? If so, how and subject to what consents? Do any restrictions or taxes apply to direct or indirect transfers?

3.10

Does an exploration licence give any priority when applying for a mining right?

4.1

How is ownership of mining rights determined in your jurisdiction?

4.2

What are the key requirements in order to apply for a mining right?

4.3

What fees and other charges are incurred in obtaining a mining right?

4.4

What is the duration of a mining right? What is the process for renewal?

4.5

Who can own mining rights in your jurisdiction? Do specific requirements or restrictions apply to foreign operators?

4.6

Do any indigenous ownership requirements apply in your jurisdiction?

4.7

What role does the state play in the mining industry in your jurisdiction?

4.8

Are there requirements for the government to enter into a mining development (or similar) agreement in addition to the licences/permits? When is this required or available?

4.9

Can mining rights be transferred? If so, how and subject to what consents? Do any restrictions or taxes apply to direct or indirect transfers?

4.10

Can security be taken over mining rights?

4.11

What provisions apply with regard to closure or abandonment of a mining right?

5.1

Does the law of your jurisdiction distinguish between mining rights and surface rights? If so, how does an owner of mining rights acquire surface rights?

5.2

Where surface rights are acquired, what are the operator’s rights and obligations as regards the landowner? And what are the landowner’s rights and obligations as regards the operator?

5.3

Please give an overview of the process for any mandatory acquisition of surface rights (eg, process and time to enforce).

5.4

Are any native title issues applicable, either at the exploration licence stage or when a mining right is issued?

5.5

Are any other rights needed to use the land (eg, zoning permissions or planning requirements)?

6.1

What environmental authorisations are required to undertake prospecting, exploration and mining activities in your jurisdiction? Do these vary depending on the type of mineral or the location of the activity?

6.2

What environmental obligations must the operator observe while the mine is operational?

6.3

What environmental obligations must the operator observe in relation to closure of the mine?

6.4

What are the potential consequences of breach of these requirements – both for the operator itself and for directors, managers and employees?

6.5

Which bodies are responsible for enforcement of environmental obligations?

6.6

What is the regulators’ general approach in regulating the mining sector from an environmental perspective?

7.1

What key health and safety requirements apply to operators in your jurisdiction?

7.2

What reporting requirements apply with regard to mining accidents in your jurisdiction?

7.3

What are the potential consequences of breach of these requirements – both for the operator itself and for directors, managers and employees?

7.4

What best practices in relation to health and safety should operators consider adopting in your jurisdiction?

7.5

Which bodies are responsible for enforcement of health and safety obligations?

7.6

What is the regulators’ general approach in regulating the mining sector from a health and safety perspective?

8.1

What requirements and restrictions apply with regard to the processing or refining (beneficiation) or minerals?

8.2

What requirements and restrictions apply to the export of minerals?

9.1

What taxes, royalties and similar charges are levied on mining operators in your jurisdiction? How are these calculated?

9.2

Are any tax incentives available for mining operators?

9.3

What other strategies might mining operators consider to mitigate their tax liabilities?

9.4

Have there been any significant changes to the taxation rates applicable to mining companies in the last three years?

10.1

In which forums are mining disputes typically heard in your jurisdiction?

10.2

What issues do such disputes typically involve? How are they typically resolved?

10.3

Have there been any recent cases of note?

11.1

What changes have there been to the mining landscape in your jurisdiction in the last five years?

11.2

How would you describe the current mining landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

12.1

What are your top tips for mining operators in your jurisdiction and what potential sticking points would you highlight?