News & Analysis as of

Minerals Mining

Contract of Work for IUPK OP: A Tough Decision

by White & Case LLP on

The Indonesian government ("Government") has issued a number of regulations to implement its mining policy, including GR 1/of 2017. In moving towards a single Special Mining Permit Operation Production license (IUPK...more

New mining regulations: back to the past

by Allen & Overy LLP on

The Government of the Republic of Indonesia on 11 January 2017 issued new mining regulations regulating (i) ‘new’ share divestment requirements for foreign investment companies holding an IUP or IUPK; and (ii) new export...more

Changes in Non-Refined Mineral Export and Divestment Policies in Indonesian Mining

by White & Case LLP on

Recent Indonesian regulations1 implement a series of changes in respect of the regulation of the export of raw ores and concentrates but in doing so also implement very significant changes in respect of the conversion of...more

Department of Mineral Resources faces heavy criticism by South African courts again

by Hogan Lovells on

On 4 November 2016, the Labour Court handed down its judgment (unreported case number J2459/16) in the matter between AngloGold Ashanti Limited, the Acting Chief Inspector, the relevant Principal Inspector, and the Inspector...more

Court of Appeal Confirms Judges May Weigh Evidence on Leave Motions in Secondary Market Securities Class Actions

by Dentons on

Summary In Mask v. Silvercorp Metals Inc., the Court of Appeal for Ontario upheld a decision refusing leave to commence an action for secondary market misrepresentation under section 138.8 of the Ontario Securities Act (the...more

Proposed SEC Rules Modernize Mining Disclosures Using Canadian Rules as the Gold Standard

by Hodgson Russ LLP on

On June 16, 2016, the U.S. Securities and Exchange Commission proposed a set of comprehensive mining disclosure rules with the stated intent of “aligning such rules with current industry and global regulatory practices and...more

Understanding the SEC’s Proposed New Mining Disclosure Rules: Questions and Answers

by Dorsey & Whitney LLP on

On June 16, 2016, the SEC proposed a major overhaul of the disclosure requirements for companies that are engaged in material mining operations, including royalty companies. The proposed rules would replace the SEC’s...more

Key Milestone towards the Standardisation of Mineral Reserve and Resource Reporting

by White & Case LLP on

The US Securities and Exchange Commission (the "SEC") has proposed to modernise its rules for mineral property disclosure and more closely align them with international regulatory standards and practices. The SEC has...more

SEC Proposes Updated Mining Disclosure Rules ? Industry Guide 7 to be Eliminated

by Dorsey & Whitney LLP on

On June 16, 2016, the SEC proposed new rules to update disclosure requirements for mining properties. The intent of the proposed rules is align them more closely with current industry and global standards, specifically...more

Draft Mining Charter would restructure BBBEE transactions in the South African mining industry

by White & Case LLP on

On 15 April 2016, the Department of Mineral Resources ("DMR") published the draft Reviewed Broad Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 ("Draft Mining Charter") for...more

Minerals Matters - Winter 2016

by DLA Piper on

Welcome to the latest edition of Minerals Matters and the first one of 2016. Last year was, on the whole, positive for the sector. We had the drama of the UK General Election and the surprisingly decisive outcome which...more

Mining in Africa – getting in sync with the cycle

by White & Case LLP on

With one third of the world’s mineral reserves and two thirds of the world’s diamond production, Africa should have basked in the era of roaring commodity prices and booming optimism. Over the last decade, Africa’s average...more

New Tax Incentives for Early Stage Investment

by K&L Gates LLP on

On 7 December 2015, the Federal Government released an Innovation Statement which included important tax concessions aimed at making early stage investment more attractive. The concessions are expected to commence from 1 July...more

Uranium – A little element with a lot of power

by Stoel Rives LLP on

Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic summarizing the many benefits of uranium....more

$1-Billion Committed to Development of Quebec’s Mining, Hydrocarbon Industries

The Quebec government has recently announced that the Capital Mines Hydrocarbon fund (CMH Fund), the purpose of which is to acquire equity interests in mining and hydrocarbon projects in Quebec, is officially in effect. The...more

Guide To Doing Business in Australia: Minerals Exploration & Mining (Updated)

MINERALS EXPLORATION AND MINING: Minerals exploration and mining is a very important industry in Australia. Australia has significant reserves of minerals including iron ore, coal, gas, uranium, nickel, gold and rare...more

UPDATE: Examination Of Title To Unpatented Mining Claims

by Perkins Coie on

For purposes of “discovery” of a valuable mineral deposit, the Interior Board of Land Appeals (IBLA) has recently held that the “prudent man” test does not require that Bureau of Land Management (BLM) consider the current...more

Mining & Metals: Opportunity & Risk — Weathering the bottom of the cycle

by White & Case LLP on

Weathering the bottom of the cycle - Even the global resources giants have been forced to look inwardly and restructure more than just their business strategies in order to cope with the pressures of the prolonged...more

U.S. House Hearing Supports Legislation for Development of Domestic Minerals (H.R. 761)

by Stoel Rives LLP on

On Wednesday, July 23, 2014, the U.S. House of Representatives Subcommittee on Energy and Mineral Resources held an oversight hearing, titled "American Metals and Mineral Security: An examination of the domestic critical...more

Oil & Gas, Mines & Minerals – Security under the Alberta Builders’ Lien Act

by Bennett Jones LLP on

When registered in accordance with the Alberta Builders’ Lien Act (BLA), a builders’ lien provides security for unpaid contractors, labourers and suppliers who have “improved” lands. This includes those providing materials or...more

Ministerial Might – ICAC Opens the Door for Increased Oversight of NSW Tenement Dealings

by K&L Gates LLP on

The New South Wales (NSW) Government has recently introduced the Mining and Petroleum Legislation Amendment Bill 2014 (NSW) (Bill) in the Legislative Assembly. The Bill proposes to amend the Mining Act 1992 (NSW) (Mining Act)...more

Proposed EU Legislation on Conflict Minerals Published

by K&L Gates LLP on

On 5 March, the European Commission (“the Commission”) published its long-awaited draft legislation on conflict minerals. The proposal for a regulation setting up a Union system for supply chain due diligence...more

Domestic Mineral Processing and Beneficiation in Indonesian Mining Sector

by White & Case LLP on

Introduction and Background - As participants in the Indonesian mining sector continue to consider the implications of the 2009 mining law requiring certain types of in-country processing and beneficiation, the...more

Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

by Dentons on

After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). Bill 70 draws upon a number of the measures...more

TSX Staff Notice Guidance Impacts IPO Plans

by Dentons on

On November 7, 2013, the Toronto Stock Exchange (“TSX”) issued a Staff Notice to Applicants, Listed Issuers, Securities Lawyers and Participating Organizations (“Staff Notice”) that provides guidance for companies considering...more

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