While the fact that we at last have a greater degree of certainty in regard to the policy framework governing the mining industry, it is regrettable that the oncept of "Implementation Guidelines" has been introduced. It is not known what these guidelines will cover or what their legal status will be. These Implementation Guidelines are referred to only three times in the 2018 Charter – in regard to a 'Beneficiation Equity Equivalent Plan', in regard to developing Original Equipment Manufacturers and in regard to consent to use foreign-based analysis facilities.
In addition, the 2018 Mining Charter deals only with mining rights. No mention is made of prospecting rights and therefore the requirements for such rights remain uncertain.
We set out below a side by side summary of the 2010 Mining Charter requirements and the requirements of the 2018 Mining Charter, highlighting the differences between the respective charters.
Please note that this note does not analyse or provide any legal opinion or commentary in relation to the respective charters.