The Law And Regulation Of Mining

This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.

​The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.

Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors.Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only brings laggards up to a minimum legal standard, it also encourages, rewards and facilitates leaders in going beyond them. Bad regulation, in contrast, constrains good enterprises from taking the initiative to improve OHS, while failing to deter bad ones.This book describes mine safety legislation in the "mining states" and analyses its strengths and weaknesses. It also examines the broader policy questions of how best to design, implement and enforce mine safety regulation.It argues that substantial reform will be necessary not only in setting standards, but also in their implementation, if further OHS improvements are to be achieved. This implies substantial changes in the way the mine safety inspectorates go about their tasks: in how they administer and enforce the law; and in the circumstances in which they choose to prosecute. It also requires the nurturing of a degree of trust between employers and workers (individually and collectively) and between both these parties and the mines inspectorates, that has been substantially lacking in recent years.

Originally published in 1987, John D. Leshy presents this scholarly study of the 1872 Mining Law as a legal treatise and history of mining in the West from the point of view of mineral exploration and production. This mining law governed the United States mining practice yet had never been changed. The Mining Law attempts to highlight the role of policy and government as well as the more obscure elements of the law which complicated mining practice in the eighties. This title will be of interest to students of Environmental Studies and policy makers.

This casebook explores the law of hard minerals, as opposed to oil and gas law. It presents the law dealing with mineral estates, mining easements, mineral leases, and mining operations on private land, with particular reference to state and federal regulatory schemes inherent in the federal Surface Mining Control and Regulation Act of 1977 (SMCRA), as amended. From the mine, the book follows the stream of commerce for coal to the electric utility plant, exploring its transportation and the energy and environmental law regulatory schemes applicable at many points along the way, with particular reference to utility rate regulation and the Clean Air Act amendments from the 1970s forward.

Mining and Energy Law is a thorough examination of the contemporary mining and energy sectors in Australia. It explores the law governing the current mix of sources utilised in the Australian energy sector, from petroleum and natural gas to renewable energy sources including wind and solar power.