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Media Coverage

Mining Journal quotes Al Gourley in an article about the World Initiative of Mining Lawyers’ conference

Fasken
Reading Time 2 minute read
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“Mining legislative balancing act” by Daniel Gleeson, Mining Journal

Mining Journal quotes London mining lawyer Al Gourley in an article about the strengths and weaknesses of WIOML’s Model Mining Code.

“The model mining code takes more of a ‘property’ perspective on the nature of a mining company’s investment in mining rights, whereas a lot of the modern mining codes take a more limited discretionary ‘licensing’ approach,” Al Gourley, head of Fasken Martineau’s mining practice, a WIOML director and the driving force behind the MMC, said.

“Under the latter approach, if something occurs or doesn’t occur that the government doesn’t like, a mining licence can be refused, licence extensions can be denied, environmental approvals can be denied, etc. without cost or implication to the government making that decision.”

“The areas where the code tends to be examined with a critical eye by some, particularly those outside of the mining industry, are the extent to which the MMC eliminates government decision making,” Gourley said.

Gourley said the main issue, expressed privately by miners, has been the community engagement section and whether they want to be associated with a potential community process. This could see them answerable to a board (with a mines minister-elected chair) on how they spend money within the community in which they are operating.

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