Legal Review
A country’s legal jurisdiction provides the basis for its mineral tenure cadasters and comprises i) the mining act ii) the mining regulations and iii) all relevant laws regarding the management and issuance of mineral tenures.
Our experts provide advice on legislative issues relevant to potential constraints to cadastral workflows. Legal aspects relating to cadastral issues are reviewed and compared to similar jurisdictions as well as to international standards that aim to provide best-practice scenarios for the implementation of procedures to enforce license application, renewals, transfers, mortgages, revocations and expiration.
Further, a review of the potential inclusion in the computerized system of other types of mineral or natural resources titles (e.g. reconnaissance and geological surveys, water permits), the surrender and revocation of mineral tenures, environmental obligations, agreements on community development, sharing of new geological or mineral information and other legal issues is normally carried out as part of this activity.
If applicable, weaknesses or gaps in the legislation are identified and rectified. This may include the introduction of aspects already addressed in other jurisdictions, such as:
- Legislative requirements for supplying evidence of achievement of the minimum level of work required to maintain a mineral tenure
- Guidelines for sharing new geological information (including time periods of confidentiality)
- Artisanal and small scale mining
- Trespassing
- Conflict resolution between surface and mineral rights
- EITI compliancy and reporting
Procedural Analysis
During the implementation of a mineral tenure cadaster, the mining act and the regulations are interpreted and integrated as operational rules in the cadaster, with these being known as the cadastral procedures. All individual aspects of the "life-cycle" of a mining title, such as granting, transfer, renewal, etc. are of utmost importance for the configuration of a computerized system. Therefore, a careful analysis of all the procedures and business processes is usually conducted by GAF's experts. In addition, our consultancy services include the provision of further recommendations to ensure the conformity of existing procedures with the mining legislation and the regulations, thereby contributing additional support for increased efficiency. All procedures defined as being suitable for the computerization process are identified and reflected in the eMC+ platform configuration process.
In parallel, new forms and documentation used for data entry, quality assurance and metadata generation are developed and administered using the eMC+ framework. These forms and documents are used for activities such as digitizing, data entry, editing and printing.