Most countries in the developing world have establishedregulatory regimes which governthe minerals and mining sector.The regimes may be inferred from their constitutions, number of laws affecting the industry, specific mining legislation, model mineral development agreementsand ad hoc agreements.In almost all instances, the mineral resources are either directly owned by the State or held intrust by the respective Government on behalf of itscitizens. It should be borne in mind that mineral law or the mineral regulatory system is not merely a legal technicality but an expression of the host country’s policytowards the exploration and exploitation of the country’s mineral wealth. Therefore, the mining and mineral legal framework exists to guide both the host Government’s and the investor’s actionsin relation to mineral development. The regulatory systems set out the boundaries of acceptable conduct in relationto exploration and exploitation.It should be noted that mining legal frameworks are guided by the legal systems (civillaw,Islamic law,and commonlaw or hybrid legal systems) of those countries. In this regard,it is also incumbent upon the investor to know the legal system within which it is operating and not impose legal principles which are foreign to the host country’s legal system.

Granting Mineral Rights: A Good Practice Note

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Document Type: Report

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Date: 2010

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Most countries in the developing world have establishedregulatory regimes which governthe minerals and mining sector.The regimes may be inferred from their constitutions, number of laws affecting the industry, specific mining legislation, model mineral development agreementsand ad hoc agreements.In almost all instances, the mineral resources are either directly owned by the State or held intrust by the respective Government on behalf of itscitizens. It should be borne in mind that mineral law or the mineral regulatory system is not merely a legal technicality but an expression of the host country’s policytowards the exploration and exploitation of the country’s mineral wealth. Therefore, the mining and mineral legal framework exists to guide both the host Government’s and the investor’s actionsin relation to mineral development. The regulatory systems set out the boundaries of acceptable conduct in relationto exploration and exploitation.It should be noted that mining legal frameworks are guided by the legal systems (civillaw,Islamic law,and commonlaw or hybrid legal systems) of those countries. In this regard,it is also incumbent upon the investor to know the legal system within which it is operating and not impose legal principles which are foreign to the host country’s legal system.

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