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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 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

By Francisco Gallo Atard

El presente texto señala los dispositivos promocionales vigentes respecto de los decretos leyes de minería, así como se analiza los problemas legales y tributariosque limitan el desarrollo minero tales como: indeterminación de leyes dictadas, normas negativas, falta de respeto a las normas dictadas, carencias de reglamentaciones y ausencia de criterios técnicos. Asimismo, se revisa la comercialización, comunidad minera, importaciones, productividad y los derivados de geografía y orografía.

Mar 1, 1979

Legislation for control of ventilation in New South Wales coal mines is contained in the Coal Mines Regulation Act, 1912, as amended. The standards set down in that Act were based on the needs of the industry at the turn of the century. Changes and additions to the original standards have been made to cater for mechaniz- ation of the industry and the introduction of modern developments such as the use of diesel equipment. Technological progress has been recognized by the requirement for monitoring of machines and return airways. The passing of the Coal Mines Regulation Act 1982 has ensured that there will be a revision and modernization of the regulations affecting day to day operations of the industry.

Jan 1, 1983

By Mould GR

Gas drainage has been practiced for many years mainly for safety reasons in various countries in Europe, in the U.S.A., the U.K. and Japan. Legislation has been developed to control the production, transport- ation and utilisation of methane and associated gases. Gas drainage is now being carried out at some Australian Collieries, but as this is a new venture little specific legislation is available. This paper briefly describes the drainage methods and legislation applied overseas, gives a brief history of gas drainage in N.S.W. and indicates the deficiencies of the present legislation. It outlines the approach to new legislation which will deal comprehensively with gas drainage operations and utilisation in New South Wales.

Jan 1, 1982

Safety and health at work is about people. It is about people who plan for work, organise work and perform work. It is about those who come in contact with the workplace and those who are responsible for the workplace. There are wider ranging safety and health obligations that are imposed on the industry stakeholders that span all phases of the production process. In all cases, those responsible for discharging the obligations must ask the questions: Is what we propose safe?, can it be done safer? and are we sure? What we learn from recent legal cases before the courts is that it is essential that all stakeholders work together in a collaborative way when discharging these obligations. Safety and health at work cannot become an issue that is viewed only through the eyes of a single stakeholder group. The reason for this is quite simple. The interrelatedness of the responsibilities that are imposed on each of the stakeholder groups, means that the performance based legislation simply wont work, where an active model of communication and consultation is not in place.

Jan 1, 2005

"One of the major issues that the Rare Earth Elements Mining Industry has to deal with is the legislation vacuum that exists in many countries around the world. Among these, are countries which have long history and tradition in mining. In many cases the lack of direct legislation for REE mine management as well as for other potentially polluting industries can be a barrier to sustainable development. Moreover, the case of lax legislation in China has led to environmental pollution problems and extended smuggling of rare earth elements. This paper looks into the current regulatory status on the mining of REEs, identifies the loopholes and suggests some elements for a new global legislation framework for sustainable development in the REE mining industry. The setting of this regulatory framework will be in line with the present and future challenges of the rare earths market as well as with the policy strategies that are defined internationally. The aim of such a legislative framework will be to strengthen the global rare earth elements supply chain, appease social concerns and ensure the preservation and conservation of the environment. INTRODUCTION The general public received their first introduction to rare earth elements (REEs) in 2010, when the previously inconspicuous commodities became the subjects of front-page headlines. It was when China created a furore in global high-tech markets after imposing an embargo on Japan following a minor marine dispute (Barakos et al. 2015b). Soon enough the Chinese embargo was extended on REE export restrictions all over the world and thus aroused concerns to many countries over potential supply disruptions. The world had suddenly realized that these wonder materials underpin products that they care about. Governmental and industry executives, policymakers and material scientists voiced concerns and conducted numerous reports stating the situation and the risks of a supply crisis. The price spike of 2011 intensified the crisis and the public turmoil, yet the drama did not last for long as the prices declined significantly in 2012. Nevertheless, the world was nonplussed by the fact that China has the total control of the market with more or less the 90% of the global production. More potential entrants became interested, thus initiating an exploration boom during the recent years that has resulted in a significant increase in known global REE reserves that could have potentials for exploitation."

Jan 1, 2016

By Steve Kral

The mining industry has waited a long time for the resurgence in commodity prices and demand for its products that it is now experiencing. Base and precious metals prices have reached levels not seen before. Coal prices have also shot up. And there are encouraging signs in the uranium market. China’s nearly out-of-control economic growth is said to be the leading driver for much of this resurgence. But demand for energy, metals and building materials in the United States and elsewhere are also major factors. The result is that expansions and new mines for nearly every commodity are in the works.

Jan 1, 2005

By Michael A. Poling

Ladies and gentlemen, I appreciate this opportunity to be with you, and to share my outlook on the future of Federal coal leasing. I'm told that you wanted the best speaker on this subject in the world. Perhaps it's a reflection of these trying financial times, but I'm glad you finally agreed to settle for the best speaker your budget would afford. I have been asked to give you some insight on the status of Federal coal leasing, and how the budget problems facing the Department will affect the coal program. So I've polished up my crystal ball, and I'll try to give you a peek at the future. Before I do that, however, let me first go back in time - to when this Administration took office in 1981. We had a coal program then, after a hiatus of ten years. But that program was untested and - for reasons well known to all of you - did not work well in practice once we began operating the program. We went back to the drawing board and redesigned the program so that it can do what it is intended to do. We've made the program more predictable. That means that when future lease sales are scheduled, those sales will be reflective and reactive to the need to lease coal. On February 26, Secretary Hodel unveiled a framework for resumption of Federal leasing program activities, ending a more than two-year suspension of regional coal sales. The new program will provide the opportunity to satisfy market demand for acquiring and developing new leases, assure the government of fair market value for its coal reserves, and provide a stable supply of coal for this country's energy needs. The new program grew out of the Department's response to recommendations of the Linowes Commission and the Office of Technology Assessment, coupled with a supplemental environmental study. The Linowes Report, issued in 1984, contained 36 recommendations and three Judgments on leasing levels, tract selection, sale procedures, appraisal methods, key statutory and related factors, and organization and management of the leasing program. Major changes in the new leasing program reflect these concerns. We have developed a definition for captive tracts and devised procedures to appraise their value to the adjacent coal or mine owner. Other steps include a coal lease appraisal guide which describes our appraisal methodology and is available to the public. Improvements have also been made in the gathering of lease assignment information to help in estimating the value of potential lease tracts. To improve market analysis, a three-tiered system will be used to ensure that steps of the lease sale decision process are undertaken in the context of coal supply and demand. Regional Coal Teams will thus have the advantage of long range, regional and tract specific market studies to help them determine whether sufficient demand is expected first to warrant the initiation of activity planning, then to set regional leasing levels, and finally to actually offer specific tracts for lease sale. Sale procedures will also be improved in many ways to encourage competition, improve the chances for receiving adequate bids, and to evaluate whether bids represent fair market value. We made additional modifications to the program in response to the OTA recommendations. Regional Coal Teams have been given a larger role in recommending key decisions concerning the amounts of coal to be studied and the actual selection and scheduling of tracts for lease sale. These recommendations will be accepted unless the Secretary can cite an overriding national interest factor, or a governor's request to modify the recommendations. Smaller, more frequent sales will be held, to better judge market conditions and prevent over- or under-leasing. Public participation guidelines have been written, to document all opportunities for the public to comment at various stages in the planning process. We also decided that resource management plans prepared after the passage of FLPMA in 1976 must be completed, in order for a new round of lease sale planning to begin. The BLM will also beef up its procedures for consulting with affected Federal agencies during the planning process, to assure that the purposes and values of those agencies are considered and factored into land use decisions. To assure consistent use of an adequate data base in coal lease decision-making, Regional Coal Teams will develop standards and guidelines for data adequacy, and document the use of these standards. These procedures will also be applied to the unsuitability criteria screening process. Thus, the new leasing system announced by Secretary Hodel: is fully responsive to recommendations made by the Linowes Commission and the Office of Technology Assessment for improving environmental planning and fair market value procedures; gives the regional coal teams a major say in determining leasing levels, and on the timing,

Jan 1, 1986

By Holla L

There exist several legislative provisions in N.S.W. which work together to control surface subsidence due to extraction of coal by underground methods. The important ones are the Coal Mining Act, Coal Mines Regulation Act, Mine Subsidence Compensation Act and Dams Safety Act. In addition, there are guidelines laid down by the Chief Inspector of Coal Mines for mining under and in the vicinity of tidal waters and the ocean. There are also conditions of coal mining leases and conditions of approvals given to undertake various methods of mining which stipulate further controls. The legislative provisions and relative controls are designed to minimise surface damage, ensure safety , of major public utilities, control- surface land use and compensate damage caused by subsidence as a result of coal mining operations. They aim at balanced and responsible development of our valuable coal resources consistent with adequate safeguards to surface improvements and natural features. The paper discusses in detail these legislative provisions and the mechanics of their operation with a view to emphasising the fact that underground coal mining operations are undertaken responsibly and in a planned and rational manner for the overall benefit of the community. Further, the paper aims to demonstrate the need for legislative measures and conditioning of mining operations to keep abreast of developments in the knowledge and skills of mining and subsidence engineers and continuing improvements in mining technologies. Likewise there is a need on the part of engineers and those associated with introduction of new technologies to appreciate the requirements and existence of legislative and other measures having a direct or indirect association with surface subsidence as a result of coal mining operation.

Jan 1, 1986

By C P. C David, J P. T Domingo

Addressing nutrient deficiency, among other factors, is vital to the growth and establishment of plants in mine spoils and tailings ponds. Although several organic amendments are available for this purpose, it is important to determine the appropriate ameliorant for the selected plant species. This research examined the effect of different amendments on the growth and ground cover of Centrosema molle, Calopogonium mucunoides and Sorghum spp. in copper/gold tailings. Plant growth and ground cover drastically increased with the application of organic ameliorants, especially manure. Among the three plants, Calopogonium exhibited the best growth and has shown its capability to establish a dense ground cover even in unamended tailings. Results suggest that the plant species and the ameliorants used in this study could be effective in a low-input approach to mine rehabilitation.CITATION:Domingo, J P T and David, C P C, 2014. Legume and grass revegetation of mine tailings, in Proceedings Life-of-Mine 2014 , pp 525–534 (The Australasian Institute of Mining and Metallurgy: Melbourne).

Jul 16, 2014

THE Lehigh Valley Section is planning with a num-ber of other organizations a three-day conference, April 25, 26 and 27, with field visits to cement, slate and steel plants in the vicinity of Easton, Pa. W. B. Plank is chairman and D. Knickerbocker Boyd is sec-retary. Headquarters will be at Hotel Easton. Wednesday' will be cement day. In the forenoon A. S. T. M. Committee D-16 will meet and after luncheon the delegates will visit the Martin Creek plants of the Alpha Portland Cement Co. An evening dinner and general session on cement is being arranged. Thursday morning will be devoted to a technical ses-sion on slate, and the breaking of ground for the new John Markel mining building at Lafayette College. After luncheon various slate quarries will be inspected, the visitors being guests of the companies. In the eve-ning there will be a conference dinner at Hotel Easton with a number of distinguished visitors. Friday will be given over to steel and will include a visit to Lehigh University, an inspection of the plant of the Bethlehem Steel Corp., and a luncheon as guests of the latter.

Jan 3, 1928

By M. Heger

February 2, 1999 marks a milestone in earth-moving technology at the San Miguel Lignite Mine. It was on that date that The North American Coal Corporation (NAC) took delivery of three Leica Dozer 2000 GPS grade control systems for use on its bulldozers. The primary reason for the purchase of these grade control systems was to prove that GPS technology could safely and economically be utilized on heavy equipment to assist operators in defining grades. If these properties were successfully demonstrated, the ultimate vision of the project was to expand the system to a point were GPS would become the primary means of providing grade control information to the mine’s heavy equipment operators. Twenty nine months and more than $500,000 later this vision was realized when the final bulldozer operating at the San Miguel Lignite Mine was equipped with Dozer 2000. Presently North American Coal has a total of nine Dozer 2000 GPS grade control systems at San Miguel providing cut and fill information to operators 24 hours a day. These grade control systems have allowed the San Miguel operation to increase safety, reduce costs, improve operator attitude, and better ensure environmental compliance. This article discusses both the nature of these benefits and some of the issues that had to be dealt with along the way.

Jan 1, 2002