摘要 :
There can be an inclination amongst some governments and non-governmental organisations (NGOs) to view the resource sector with some cynicism. Junior mining companies sometimes engage with local communities (or not), leave without...
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There can be an inclination amongst some governments and non-governmental organisations (NGOs) to view the resource sector with some cynicism. Junior mining companies sometimes engage with local communities (or not), leave without a trace (or perhaps with tracks, trails and trenches) and offer only a brief hope for betterment (or long-standing court battles over environmental or community issues) causing strong emotive reactions. None of the major miners have managed to avoid controversy in their own corporate histories either; of course, none ever could. The art of crafting reform to mineral regulation throughout the world has become a balancing act for the international resource lawyer. The mining company requires certainty when investing in exploration, development or expansion projects in a foreign country to offset the substantial uncertainty inherent in the exploration and mining processes themselves. One needs clear rules which are consistently applied that assure the developer that it may explore, develop and produce any discovery without interference of government or any other person and can measure with some accuracy the expected investment and the anticipated reward. This paper examines several mining codes in the Middle East and offers a critical assessment of their relative opportunity and risk to the developer. It examines each risk in comparative detail, including in comparison to a set of principles found in an exemplary mining code adopted by Madagascar in 2005. The principles of a model mining code (MMC) have been determined after examining more than 50 mining codes from around the world and benefit from the work of MineHutte and the Fraser Institute, which offer ratings for mining regulatory regimes based on different criteria.
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Geological surveys of Australia's marine territory have revealed significant potential for development of a marine resource industry. As onshore mineral deposits become harder to find, less accessible to their market and more chal...
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Geological surveys of Australia's marine territory have revealed significant potential for development of a marine resource industry. As onshore mineral deposits become harder to find, less accessible to their market and more challenging to extract, seafloor exploration and mining becomes an economically viable option. However, evidence from industry and environmental literature suggests that social acceptance will be important in determining the future of this industry in Australia. This paper reports on findings from research investigating the social viability of seafloor mining in Australia. A combination of interviews and focus groups were used to explore industry and community reactions to the possible development of seafloor mining in Australia. Although stakeholders' reactions were variable, the majority of the participants were reluctant to see development of seafloor mining in Australia, primarily because of concerns about the industry's potential environmental impact. All stakeholders sought further information about the benefits and costs associated with the industry suggesting that they did not yet have a fixed attitude towards the industry. Stakeholders favoured a precautionary approach towards the industry, supported by rigorous scientific analysis of the potential environmental impacts, transparent and socially responsive management processes and meaningful engagement with stakeholders.
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The divergence between the mining industry's business-case decisions and key stakeholder expectations, both local and global, is complex. The objective' of this paper is to examine the approach of mining companies to the concept o...
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The divergence between the mining industry's business-case decisions and key stakeholder expectations, both local and global, is complex. The objective' of this paper is to examine the approach of mining companies to the concept of Social License to Operate (SLO),' with a focus on the African continent. A background to the concept of SLO was outlined. An inextricable link between the African business context and the approach that mining companies adopt in fulfilling an extremely cosmetic process was proffered. The key issues defining the African context, namely corruption, conflict, human rights, weak institutions, artisanal and small-scale mining amongst others were interrogated within the mining industry context and further related to the concept of SLO by identifying specific examples. The paper further identifies the key differences in the approach to SLO and examines some underlying reasons. Finally, the paper proposes some interventions that the mining industry can adopt in order to gain the SLO in Africa. The proposed interventions were premised on genuine engagement with all relevant stakeholders as opposed to tick-box exercises. One of the key pillars identified to unlock this licence was through strengthening and building upstream, downstream and side-stream linkages between local suppliers and the mining industry.
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? 2022 Elsevier LtdThis paper builds on the literature that trust and ongoing relationship development is needed for a social licence to operate. While trust and the SLO has been analyzed, there is little exploring what trust is, ...
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? 2022 Elsevier LtdThis paper builds on the literature that trust and ongoing relationship development is needed for a social licence to operate. While trust and the SLO has been analyzed, there is little exploring what trust is, the types of trust that exist, contextual factors that can facilitate or erode trust, and the concept of trust itself has not been defined. By analyzing historical, political, economic, and social factors at the Escobal mine site, the need to address power imbalances and inequities in a population to establish generalized trust emerges as a key antecedent for increasing the opportunity for earning a SLO. Generalized trust is earned through honest relationship development, which is characterized by limiting inequities and power imbalances, and ensuring those relationships are contextualized for the area and its stakeholders – there is no ‘one-size-fits-all’ solution. This paper explores the concept of trust with an emphasis on generalized trust and proposes a definition of trust that embraces the proposed intention of SLO: establishing trusting relationships. Trust in the SLO is the willingness to be vulnerable to a project proponent's proposed activities.
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Mining comes at the price of environmental and social impacts. While minimising environmental impacts with a view to comply with regulatory requirements today is a standard procedure in mine business management, this is not necess...
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Mining comes at the price of environmental and social impacts. While minimising environmental impacts with a view to comply with regulatory requirements today is a standard procedure in mine business management, this is not necessarily so the case for social impacts. On the other hand, many societies today express their desire to participate in the decision-finding on the development of their physical and economic environment. A sustained and sustainable mine development requires the collaboration with the host communities concerned, which means that it has to be developed in a process commonly termed social licencing. However, a 'social licence' will not be granted once and for ever, but in fact is an evolving process, as the communities and their needs evolve. This paper examines the evolution of social licencing in the context of various ethical dilemmas and divergent norm and value systems of the different actors, such as host communities, mining companies and society as a whole. It also argues to make social licencing an integral element of business (risk) management for mining companies.
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