Changes to mining regulations will affect global mineral prices.
Release time:
2018-05-15
Source:
China Mining News, February 28, 2018
In 2017, several countries around the world revised their mining regulations, with some countries going even further than ever before. Some nations lowered land-use fees for mining areas to boost the development of the mining industry; others raised these fees to increase fiscal revenues. Some countries imposed a complete ban on metal mining in an effort to actively protect the environment; while others relaxed environmental requirements to revitalize the mineral and energy sectors. This round of changes to mining regulations is bound to influence the future trend of global mineral prices.
South America
In July 2017, President Michel Temer, a member of the French-speaking political faction, proposed a comprehensive mining reform plan that was subsequently approved by the Brazilian Congress. Under the plan, major mining companies such as Vale would pay a 4% fee on iron ore extraction, while smaller enterprises would be required to pay 2%. In a statement, Vale said that the congressional reform would “increase mining maintenance and operational costs, thereby affecting our competitiveness—especially at a time when prices are low.” President Temer also proposed opening up protected areas in the Amazon rainforest to allow companies to extract minerals; however, this proposal faced strong opposition from environmentalists. The federal court subsequently overturned the presidential executive order.
In June 2017, the Argentine federal government signed mineral agreements with 20 out of 23 provinces to coordinate taxation and regulations and promote investment in the mining sector. The leaders of the three provinces—Chubut, La Pampa, and La Rioja—did not attend the signing ceremony. Under the agreement, mining companies are required to pay a maximum tax rate of 3% to provincial governments, and provincial governments must allocate at least 1.5% of these taxes toward mineral infrastructure development. In December, Argentina’s Ministry of Energy announced that electricity prices would rise by 34% and natural gas prices would increase by 45%.
Unlike Brazil and Argentina, which are advancing mineral extraction, El Salvador has instead opted to completely ban metal mining. In March 2017, the country passed a law—driven by environmental protection concerns—that prohibits all metal mining, including the use of cyanide and mercury, with the sole exception of coal, salt, and other non-metallic resources. This law has received broad support across various political parties.
Africa
The Democratic Republic of the Congo is Africa’s largest copper producer and the world’s largest producer of cobalt. At the end of 2017, after three years of intense negotiations between the Congolese government and mining companies, the government finally initiated revisions to its mineral regulations. In February 2018, both houses of parliament adopted the revised bill, designating cobalt, tantalum, and other minerals as “strategic minerals.” As a result, the government’s royalty rate was raised from 2% to 5%. Mining companies have issued warnings that the Congolese government’s substantial increase in the royalty rate will severely undermine global investment in cobalt.
In 2017, the South African government revised the Mining Charter to enhance the representation of black people in the mining industry. Under the new revision, the equity stake held by black individuals in all South African mining companies must be increased from the original 26% to 30%. Additionally, company boards must include 50% black members and 25% women. Mining companies are also required to pay 1% of their turnover to black partners. Mining industry stakeholders strongly opposed the revision, arguing that it would make South Africa’s mining sector increasingly “black.” The South African Department of Mineral Resources agreed not to implement the new charter pending a judicial review. In February 2018, a South African court will hold a hearing on the matter.
In 2017, the President of Tanzania made several amendments to mining regulations, including banning the export of gold and copper concentrates, raising land-use fees for gold mining operations, imposing an export tax on minerals, and stripping companies of their ability to seek international arbitration.
Europe and Asia
Since February 2017, when the former Environment Minister ordered the closure of 41 mining sites, the Philippines’ mining regulations have remained unstable. In May, after the new Environment Minister Roy Simat took office, he began assisting President Duterte in continuing to push forward with revisions to the mining regulations. Duterte has complained that the government collects too little tax from mining companies and that these companies do not provide sufficient compensation for environmental damage. In August, the Philippine government introduced a bill prohibiting mining activities in river areas and the export of unprocessed ores, and requiring mining companies to obtain legislative authorization before commencing operations.
In early 2017, the Indonesian government passed legislation requiring foreign mining companies to hold a 51% stake in all of their operations. Additionally, these foreign mining companies must commit to building smelters and upgrading local ore extraction within five years.
In July 2017, Luxembourg passed a law allowing private entities to legally own space resources and establishing procedures for authorizing and overseeing space exploration missions. This is Europe’s first law on space resources and is part of Luxembourg’s “Space Resources Initiative,” which aims to promote innovative activities in the space sector.
North America
Last year, the Northwest Territories of Canada began developing its own mining legal framework. “We’re gradually transitioning from inherited federal legislation to our own legislation, aiming to create a truly ‘Northwest Territory law’,” said Nick Leeson, Minister of Legislative and Legal Affairs for the Northwest Territories. Mining is the largest employer in the Northwest Territories and contributes 25% of the territory’s GDP; however, it’s currently facing significant challenges. “We hope this legislation will enhance the Northwest Territories’ competitiveness in the mining sector while minimizing environmental damage, safeguarding community health and well-being, and respecting the Indigenous governments with whom we collaborate,” Leeson said.
With the inauguration of President Trump, the United States began to restrict the development of clean energy and reduce environmental pressures on the mining industry. In January 2017, shortly after taking office, Trump approved the Keystone Pipeline project, which connects the United States and Canada. In June, he announced the U.S. withdrawal from the Paris Agreement, and in October, he further announced the repeal of the Clean Power Plan (CPP). Proposed by President Obama, the CPP was designed to limit carbon dioxide emissions from existing power plants. The Trump administration, however, argued that promoting economic growth and improving people’s livelihoods were more important than environmental protection.
Trump’s energy policy has been praised by the U.S. Mining Association. Association spokesperson Jamie Caswell stated, “We have world-class coal resources—coal is the most affordable and reliable source of power generation.” She added, “Why on earth would we leave it buried underground?”