Explore - Insights from DLA Piper Mining Sector (Global)

In This Issue:

- Editorial

- About our mining sector

- Take or Pay Contracts, a double-edged sword

- Africa Rising

- Protect, Respect and Remedy – Human Rights and the Mining Industry

- Mine Your Own Business IP

- Investor Protection: Security of Tenure of Mining Rights in South Africa

- Shortcuts

- Excerpt from Editorial:

Welcome to the first edition of Explore, DLA Piper’s magazine for the mining sector. Three times a year we will bring you a selection of insights from our global mining team.

Mining is one of the most diverse industries on the planet; not just in terms of geographic spread but also in respect of participation. Miners, institutional investors, off-takers, governments and financiers all play a critical role in the business of mining. And that means that priorities - and points-of-view - can be markedly different from one person to the next.

With that in mind we present a selection of contributions from team members in Australia, the United Kingdom, South Africa and Brazil. The topics covered are as diverse and varied as the locations of their authors.

If the recent lean times have taught us anything it is to maintain a strong focus on cost containment and efficiencies and our first two articles explore this theme. David Richardson’s article on technological innovation and IP protection serves as a timely reminder to practice IP ‘hygiene’, while Matthew Saunders and David Harley tackle the vexed issue of take-or-pay contracts in a volatile commodities market.

Africa continues to be a hot destination but will the momentum survive the current round of regulatory reform? David Nancarrow and Patrick Mohen suggest that it is possible to develop a sophisticated and sustainable mining regime without putting the brakes on exploration and development.

Jackwell Feris examines the proposed changes to the protection of mining rights in South Africa and considers the implications for foreign investment.

Finally, Louise Soper suggests that the traditional divide between public and private human rights protections is shrinking. The result? Participants at every stage of the supply chain will need to pay close attention to their human rights footprint.

And to draw this edition to a close, we turn the spotlight on one of our team members, update you on new arrivals, new office openings and offer some dates for your diaries....

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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