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Mining and Energy Law is the only textbook available that encompasses a discussion of both the law and the policy of mining and resource regulation in existing and emergent areas, for the Commonwealth as well as for the states and territories in Australia. The book begins by examining the ownership framework underpinning natural resources within Australia and reviews the proprietary status and scope of mining tenements, and the regulation of offshore petroleum extraction. It goes on to explore the legal regimes that have emerged in response to more recent developments, such as coal seam gas, renewable energy and geo-sequestration. The book concludes with a discussion of the commercial and contractual arrangements commonly used by transacting parties operating in the sector. Mining and Energy Law is the ideal starting point for anyone seeking to understand the regulatory regimes and policy challenges relevant to one of Australia's most important industry sectors.
This book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations. What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level – land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.
The Energy Reader presents a series of readings that examine the energy problem from an anthropological perspective and look at energy holistically, including social and cultural components and long term implications for global and social environmental change. Brings a unique critical approach to the problem of energy and its complexity Presents the topic as both a human and a technological problem, differentiating long-term perspectives from short term fixes Includes coverage of the politics of energy, the protection of future generations, the avoidance of dangerous waste products, efficiency, resilience, and democratic relevance Features selections drawn from the work of physicists, economists, business experts, engineers, journalists, historians, and entrepreneurs
In this highly entertaining as well as profoundly scholarly study of the 1872 Mining Law, John Leshy has produced both a legal treatise and a history of the West written from the vantage point of mineral exploration and production. The Mining Law illuminates some of the more obscure corners of Western history, federal land and resource policy, and the relationships among various branches of government in making and carrying out policy. For more than a century the mining of hard-rock minerals in the United States has been carried out under this law, which was written to promote mineral development in the age of the pick-and-shovel prospector. It is the last important survivor of the great laws undergirding the westward expansion. The Mining Law has never been changed to reflect modern mining technologies or newer social values that question whether mineral extraction is the best use of the land and its resources. From its enactment, the Mining Law's inadequacies have given rise to illegal abuse, litigation, and patchwork regulation by federal agencies and judge-made law. Leshy explains how the law has survived by a combination of executive and judicial manipulation in the face of legislative paralysis. Today, as concern mounts about economic efficiency, government regulation, environmental protection, the rebuilding of the nation's industrial base, and competing uses of the land and its resources, the argument for reform of the law becomes compelling. The present law not only obstructs the very mineral development it was designed to promote; it may no longer be in the national interest. Certainly any future attempts to rewrite or amend the Law will start off with Leshy's exposition and analysis of its origins, operation, and implementation, and his detailed examination of the issues surrounding the law, its interpretation by courts and administrative agencies, and the attempts to adapt the law to changing conditions and social goals. Assessing the prospect for reform in today's political climate, he suggests arrangements regarding the law's reform that might be concluded by industry, small operators, and environmental protection advocates as well as creative measures that might be taken by Congress, the president, and the courts.
This book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations. What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level – land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.
Excerpt from Mining Law for the Prospector, Miner, and Engineer In adding another work on mining law to those already before the public, it is necessary to give a reason. The' present standard works on the subject are the production of mining attorneys, and while the value of their works is unquestioned, they are, perforce, more valuable and suitable for practising attorneys and in connection with mining l'itigations than for miners and as a guide in the field. This work has been prepared for the miner by a miner - using the word miner as a generic term to include all who may be interested in the subject of mineral rights and titles in contradistinction to mining attorneys though it is believed that the work will not be without elementary interest and value to the law profession. The purpose in view is to give a simple and easily grasped, though comprehensive idea of the mining law, showing its fabric and structure, that the reader and student may obtain the basic principles and facts upon which to take up either the more advanced study of mining law or use it intelligently and satisfactorily as a prospector, surveyor, claim owner, or property manager. It represents the experience and observation of the writer in the mining profession and as a mineral examiner of the Field Service of the General Land Office, in which capacity he has been in daily contact, in both office and field, with miners, mineral claimants, and the subject of mining rights and titles. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.