Search Documents

In recent years rehabilitation of mine sites has become a principal focus of mining legislation in Victoria. In previous eras, managed rehabilitation commenced, if at all, towards the end of mining operations. Planning for rehabilitation works now commences before an exploration licence is granted.The paper gives a brief overview of the requirements for rehabilitation under the Mineral Resources Development Act 1990, Extractive Industries Act 1966, and related environmental planning legislation including rehabilitation bonds and enforcement provisions.A brief review of the current taxation provisions is also included.

Jan 1, 1992

By ROBERT E. HARDWICKE

THE QUESTION of whether the production of oil should be limited to market demand has been constantly discussed during the last two years. Oil men, legislatures and courts have reached highly conflicting conclusions. Opponents of limitation to market demand assert that it is a scheme of the big purchasing companies to fix prices and to create a monopoly. Proponents, on the other hand, declare that such a limitation is necessary to prevent physical waste and that the effect on prices is merely incidental. A brief review of market demand legislation will disclose the confusion existing. The laws of Oklahoma,' prohibiting waste of oil and gas, specifically' authorize limitation to market demand as a method of preventink such waste. These laws and the proration orders based thereon have been upheld by the Supreme Court of Oklahoma, by several three-judge Federal District Courts, and by the Supreme Court of the United States.' Kansas has a similar law3 but no case has been found which discusses its validity. About a year ago the California Legislature passed a comprehensive conservation act, generally known as the Sharkey Bill giving authority to restrict production to an amount representing current requirements for use, taking into consideration oil and products in storage. This may be considered as equivalent to limitation to market demand. The Act was defeated upon referendum vote after a hard fought campaign in which it was charged that the Act would result in destruction of the independent operators.

Jan 1, 1932

By Gail L. Achterman

Most mining companies today perform site assessments and operational or compliance audits regularly. The purpose of these audits is to review company facilities and operations to determine whether they comply with applicable federal, state and local environmental laws and regulations. Why Audit? Companies adopt assessment and audit programs for legal and business reasons. The business reasons include: (1) ensuring efficient and cost-effective compliance through early problem identification and resolution; (2) planning and implementing business transactions such as real estate conveyances, loans, mergers and acquisitions, and waste disposal service contracts; and (3) employee training and relations. Legal reasons for audits include: (1) avoiding enforcement actions and penalties; (2) meeting environmental permit certification requirements; (3) avoiding corporate officer liability; and (4) meeting Security and Exchange Commission disclosure requirements. The Environmental Protection Agency ("EPA") encourages environmental auditing by regulated entities. The EPA Environmental Auditing Policy Statement was published in the Federal Register on July 9, 1986 (51 Fed Reg 25,004). Although the existence of an auditing program does not create a defense to or otherwise limit a company's regulatory responsibilities, EPA considers compliance programs in setting inspection and enforcement priorities. If a company makes an honest effort to identify and correct its own problems, EPA's enforcement approach is influenced, especially if violations are promptly reported. Perhaps more significant to many executives, the U.S. Department of Justice issued guidelines last year on when it will pursue criminal prosecution for environmental violations. See Department of Justice, "Factors and Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator," (July 1, 1991). It is now commonplace to read about major companies pleading guilty to criminal violations and paying millions of dollars in penalties. For example ALCOA recently agreed to pay criminal fines and civil penalties totaling $7.5 million for unauthorized excavation of PCB-contaminated soil and improper dumping of spent caustic solution. No executive wants to explain to the Board of Directors or shareholders why the company was criminally indicted. The Department of Justice considers factors such as voluntary disclosure, preventive measures and compliance programs, such as a regular compliance auditing program, the effectiveness of the disciplinary system for employees who violate the company's environmental policies, and subsequent compliance efforts by companies to remedy ongoing noncompliance. The Department of Justice looks closely at whether audit recommendations were implemented in a timely way and whether environmental compliance was a standard by which employees were judged. The Lawyer's Role. The role of the lawyer in an audit team deserves special attention. When enforcement action or litigation has begun or is contemplated or a government agency has asked for information, attorneys always should be directly involved in environmental audits. In most situations, however, environmental audits are management tools, and the attorney's role should be to advise the team. The attorney can help make sure the team understands the laws and regulations the facility must

Jan 1, 1992

The introduction of legal certification of mine managers is a matter of history. It was introduced as part of legislation for mine safety. It has been said that such legislat- ion was written in blood. Like all legislation this legislation is divided into three sections; commands, obligations and sanctions. While legislation in all States on this subject is similar, the differences are great enough to have prompted the preparation of a Uniform Code by the Annual Conference of Chief Inspectors of Mines. This Uniform Code has not been adopted fully by any State to date. Legal certification of mine managers has made managers more aware of the requirements of the legislation covering their industry, legislation that reads as a summary on past accidents and methods of preventing them. While budding managers spend considerable' time in their early years in the preparation for certification, history has shown that the industry has benefited from their efforts. A better knowledge of the safety acts by the managers has produced safer operations, and a higher standard of management has raised the technical standards of mining operations to a stage where Australia can be proud.

Jan 1, 1980

This paper attempts to put into perspective the implications of the legal disclosure requirements for promoters and consultants when making statements concerning ore resources and reserves. The need to take account of non-technical as well as technical factors is highlighted.

Jan 1, 1987

By J. M. King, C. J. Boggs

Acquisitions of mineral properties and companies can saddle the acquirer with unexpected and substantial liabilities and obligations incurred by the acquired or selling company that are not readily apparent from review of the company's books or files. This paper will address selected areas of concern, such as environmental and reclamation liabilities, problems of foreign ownership by the buyer or seller, pension obligations, plant closing laws, effective title review, land use and zoning.

Jan 1, 1992

By J. M. King

A crucial step in the acquisition by one company of the assets of another, the acquisition of the stock of another company, or the merger of two com-ponies, is the legal due diligence which needs to be performed in order for the acquirer to ascertain or confirm the obligations, liabilities and exposures to risk that are being assumed along with the assets or corporate stock being acquired. Where the obligations, liabilities, or exposures to risk arise from existing contracts, or from pending lawsuits, administrative proceedings, or threats of these actions, those matters are relatively straightforward to discover by careful review of the files of the party whose assets or stock is being acquired. However, where a company is engaged in ongoing mining or processing operations and has operated or owned mining proper-. ties, there are many sources of liability and exposure to risk which could have major adverse economic consequences to the acquiring party and which are not revealed, or at least are not clearly delineated, by the records of the company whose stock or assets are being acquired.

Jan 1, 1990

By C. G. Roache

Mining legislation in Jamaica dates back to only 1947 when, on August 30 of that year the Minerals (Vesting) Act was promulgated. None of the exploratory and trial-mining projects over the preceding 450 years were regulated or controlled by law. It was the seriousness of the intent of the North American Aluminum Companies to establish a bauxite mining industry in Jamaica which led to the development of the first piece of mineral legislation. It is of note that the incoming mineral industrialist was more anxious than the Government to see that a legislative framework was in place. It was relevant then as it is today for good mining legislation to be in place for the Government to regulate and control the exploration and exploitation of mineral resources. It was also necessary for the industry to know their rights and obligations so that they could plan, explore and exploit with some assurance that their capital was secure. One of the main reasons that the mining of bauxite did not begin in Jamaica until 1952 was that no legislational framework existed prior to 1947. The Jamaican dollar is tied to the US Dollar at a rate of J$35.00 to US$1.

Jan 1, 1998

By Northcutt Ely

My topic today is our Nation's interest in the minerals beneath the oceans. I will state what I think should be our objectives, the means available to attain these objectives, and the obstacles to their accomplishment. It is possible that as early as this year of 1969 our country must make policy decisions on this subject, and that these, once made, will be almost irreversible. Two factors are hastening an. early decision. First, the 1958 Convention on the Continental Shelf becomes eligible for amendment after June 10, 1969, if the Assembly of the United Nations so decides. Second, the United Nations has created a permanent committee of 42 nations, which was preceded by an ad hoc committee of 35 nations, to study the question of the peaceful uses of the seabed "beyond the limits of national jurisdiction. While these measures purport to deal with the creation of a regime to govern mineral development on the deep sea floor beyond the limits of the jurisdiction of the coastal nations, it has become clear that the urgent issue is the extent to which this future regime shall acquire jurisdiction over the mineral resources of the continental margin, and receive royalties therefrom. This brings the proposal into potential collision with the interests of the coastal nations under the 1958 Convention on the Continental Shelf, including, of course, the United States.

Jan 1, 1969

The role played by lawyers in business has, in the course of the last 15 to 20 years, changed perceptively. This development has coincided with, and indeed has been a reflection of, the changing nature of Australian business, especially as the mining industry established its predominance in the Australian economy. The nature and extent of governmental regulation of business, too, has changed markedly. As a consequence, there has been a qualitative'change in the nature of commercial law practice. For the needs of business to be met, lawyers have had to develop specialist skills in new areas. Furthermore, there has been the emergence of the "in-house" lawyer, who increasingly plays a primary rather than a subordinate role in corporate law practice. There is no evidence to suggest that this trend, which is by now so well established, will prove to be ephemeral. Instead, with all indications pointing towards even greater governmental regulation of business activities, the intimate role of the lawyer in business seems entrenched.

Jan 1, 1980

By S. Dempsey

Since its passage in 1872, the Mining Law has been modified on several occasions to meet the changing needs of America's society and economy. Despite its evolution, the Mining Law continues to be criticized as outdated. This paper briefly traces the major points in the history and evolution of western mining laws, and reflects on the current status of ongoing discussion to reform the 1872 Mining Law.

Jan 1, 1997

By David B. Cook, James R. Bieke

I. INTRODUCTION Lawyers are a cautious breed; and it might be expected that a paper concerning a broad and complex area of legal regulation, prepared by lawyers for presentation to a predominantly non-legal audience, would commence with several caveats. Ours are the following: First, we have written a broad (and, in some instances, simplified) overview of the regulatory system and of some of the more important requirements generally applicable to uranium mine and mill wastes in the United States. Our paper is not a legal opinion setting forth all of the governmental requirements that would have to be met by any particular mine or mill. Similarly, we do not imply that the requirements we mention are necessarily applicable to each and every mine and mill in the country; depending on the facts, some of the requirements may be inapplicable or avoidable through exemption or variance proceedings. Compliance decisions and strategies for particular facilities must be considered on a site-specific basis. Second, we have undertaken merely to describe the regulatory framework and some of the generally "applicable" requirements which have been promulgated and proposed by administrative agencies. We express no opinion on whether, under the U.S. Constitution and statutes, the existing and proposed agency regulations are valid in general or as applied to any particular mining or milling operation. There are, of course, procedures for judicial review of agency action; and newly promulgated environmental regulations have frequently been challenged, with varying degrees of success, before the courts. For us even to begin to consider such issues would expand an already forbiddingly long paper to totally unmanageable proportions. Third, in light of the subject of this Conference we have limited our paper to the legal framework and requirements applicable to uranium mine and mill "wastes" -- primarily mine overburden and waste rock and mill tailings (including waste tailings solution). We treat operating discharges (e.g., emissions from yellowcake drying) only peripherally. Fourth and finally, it is important to note that this paper, at least in so far as it concerns the specific requirements of particular regulations, will likely soon be out of date in some important respects. Despite

Jan 1, 1980

By Pan Eimon

She was young, beautiful, intelligent, virgin. Her name was Barbara and she captured the attention of many men, especially those in dangerous occupations. Her rich and doting father was hopeful of making an advantageous marriage for his daughter. Instead, she defied him, became a Christian, and refused to marry. Traumatized, he killed her and was himself struck dead by lightning. That is not the plot of a new soap opera. It is the melodramatic story of a Turkish teenager who was martyred in the third century but lives still as patron saint of mining. The story begins with a 20th century fact. Santa Barbara is a figment of imagination - perhaps based on an early oriental folk heroine, embroidered by a seventh century storyteller, and reworked by a ninth century Greek martyrologist. The authoritative Lives of the Saints reports: "There is ... Considerable doubt about the existence of a virgin martyr called Barbara and it is quite certain that her legend is spurious. There is no mention of her in the earlier martyrologies, her legend is not older than the seventh century, and her cult did not spread until the ninth." The Catholic Dictionary adds that the Barbara story is probably "a pious legend." Widely revered Santa Barbara was one of the most widely venerated saints of the Middle Ages. She became the patron, not only to miners, but also to artillerymen, engineers, architects, builders, stonemasons, gravediggers, and sailors. Mines, mountains, churches, and places bear her name. Barbara's feast day, Dec. 4, appears on the most ancient holy day calendars. And a Barbara festival is still celebrated throughout central Europe, in Spain, and in mining areas of Latin America on that date. The Pacific coast channel, the city, and the mission of California are named for Santa Barbara. An expedition, sailing that coast under Viscaino in 1602, was saved from shipwreck on Dec. 4 after the sailors prayed for Barbara's intervention. Franciscans gave her name to the modern Franciscan Province of Santa Barbara, which embraces six western states and the Philippine Islands. Barbara is intimately entwined with mining. The origins of both saint and profession are lost in an-

Jan 11, 1985

[E. O'C. Acker '86 Jinzoc Adachi ‘88 *Truman H. Aldrich '78 Walter H. Aldridge '89 Anson W. Allen ‘87 *John H. Allen '84 William R. Appleby '90 *W. Lawrence Austin '82 *W. SAyres ‘73 David Baker '86 *John Henry Banks .83 Henry C.Banon '90 Alonzo F.. Bardwell '89 Walter A. Barrows ‘90]

Jan 1, 1940

Truman H. Aldrich W. Lawrence Austin W. S. Ayres John Henry Banks Andrew A Blair Walter M. Brodie R. C. Canby

Jan 1, 1932

Truman H. Aldrich W. Lawrence Austin W. S. Ayres John Henry Banks Wrn de L Benedict Andrew A Blair Walter M. Brodie H. H. Burden Charles Butters

Jan 1, 1932

Truman H Aldrich '78 W. S Ayres '73 A. A Blair '75 Walter M Brodie '72 H M. Chance '74 Frederick G Corning '77 Henry S Drinker Founder Ernest F. Eurich '74 W. E. C Eustis '76 A Heckscher '79 Henry D. Hibbard '79 Julian Kennedy '79 William St. George Kent '72 Frank Lyman '77 John Markle '79 Samuel Mather '79

Jan 1, 1923

E. O?C. Acker Truman H. Aldrich John H. Allen W. Lawrence Austin W. S. Ayres David Baker Andrew A Blair Walter M. Brodie H.H. Burden Charles Butters

Jan 1, 1936

Truman H. Aldrich '78 W. S. Ayres '73 Andrew A. Blair '75 Walter M. Brodie '72 H. M. Chance '74 Fred'k G Corning '77 Ralph Crocker '81 A. W. Crookston '80 George M. Davidson '81 W. B. Devereaux '80 H. S. Drinker Founder William E. C. Eustis '76 B. F. Fackenthal, Jr. '80 John Hays Hammond '81 Edward Hart '81 A. Heckscher '79 Henry D. Hibbard '79 Francis C. Holman '81 Julian Kennedy '79 William,St. George Kent '72 Frank Klepetko '80 Wheaton B. Kunhardt '80 Daniel J. Leary '81 Frank Lyman '77 John Markle '79 Samuel Mather '79

Jan 1, 1923

E. O?C. Acker Jinzoc Adachi Truman H. Aldrich Walter H. Aldridge Anson W. Allen John H. Allen William R. Appleby W. Lawrence Austin W. S. Ayres David Baker John Henry Banks Henry C. Banon Alonzo F. Bardwell Walter A. Barrows H.C. Bellinger Wm de L. Benedict Robert Bentley John F. Berry Andrew A Blair George D. Blood Charles A. Bohn Walter M. Brodie Elwin F. Brown Fredrick Burbidge H.H. Burden Charles Butters

Jan 1, 1943