Conversion of 'Old Order Mining Rights': Sleeping at the MPRDA's Wheel of (Mis)Fortune? Sishen Iron Ore Company (Pty) Ltd V Minister of Mineral Resources Unreported Case No. 28980/10 (GNP)

2013 ◽  
Author(s):  
Pieter Badenhorst ◽  
Nic Olivier
Keyword(s):  
Iron Ore ◽  
2019 ◽  
Vol 109 ◽  
pp. 00089
Author(s):  
Serhii Skipochka

The goal of the work was to develop a concept of intensification of mining operations, taking into account geomechanical processes occurring in the “rock massif – mining workings – support and protective structures” system. The article is the result of theoretical and experimental research materials analysis and synthesis, carried out for the conditions of coal, non-metallic and iron-ore mines. Positive and negative geomechanical processes and phenomena, occurring during intensification of mining operations, have been substantiated. A set of technical and technological solutions to eliminate the negative phenomena associated with high mining rates development of mineral resources has been proposed. Recommendations, presented in this article, will significantly reduce the conditionally fixed costs of mining production and improve miner’s safety.


2021 ◽  
Vol 138 (3) ◽  
pp. 599-616
Author(s):  
Pieter Badenhorst

This article examines the nature and features of ‘unused old order rights’ (‘UOORs’) under item 8 of Schedule II of the Mineral and Petroleum Resources Development Act 28 of 2002 in light of the recent decision by the Constitutional Court in Magnificent Mile Trading 30 (Pty) Ltd v Celliers 2020 (4) SA 375 (CC). At issue was: (a) whether an UOOR was transmissible to heirs upon the death of its holder; and (b) the applicability of the Oudekraal principle to the award of an unlawful prospecting right to an applicant, contrary to the rights enjoyed by the holder of an UOOR. The article analyses the constituent elements of an UOOR, rights ancillary to the UOOR’s and the nature and features of UOORs and ancillary rights. The article also considers the possible loss of an UOOR by application of the Oudekraal principle due to the unlawful grant of a prospecting right by the state, as custodian of mineral resources. The article illustrates that the CC ensured in Magnificent Mile that the Oudekraal principle does not undermine the security of tenure and statutory priority afforded to holders of UOORs by ultra vires grants of inconsistent rights to opportunistic applicants. Concern is also expressed about the poor administration of mineral resources by the Department of Mineral Resources and Energy.


Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
PJ Badenhorst

This decision is an appeal from the decision of the South Gauteng High Court in SFF Association v Xstrata (2011 JDR 0407 (GSJ)). The court a quo decided incorrectly that the holder of an old-order mining right, which was converted into a (new) mining right in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (the “Act”), remains liable upon conversion for the payment of (contractual) royalties in terms of a mineral lease, which was concluded prior to enactment of the Act. The appeal was upheld by the Supreme Court of Appeal (“SCA”) (2012 (5) SA 60 (SCA) par 27). The decision was rendered by Wallis JA with the other judges concurring with his judgment. Prior to the Act mineral-right holders could grant a mining right to a miner against payment of royalties or other forms of consideration. At issue on appeal was whether the obligation to pay royalties in terms of a mineral lease “survives the introduction of the new regime in respect of mining rights brought about by the Act”. As indicated by the SCA, the Act fundamentally changed the legal basis upon which rights to minerals are acquired and exercised. Previously mineral rights were vested in the owner of land or the holder of mineral rights, which rights could be exercised upon acquisition of a statutory authorization to exploit the minerals. In terms of the new regime, common-law mineral rights were destroyed and “all mineral resources vested in the state as the custodian of such resources on behalf of all South Africans”, whereupon the state could confer the right to exploit such resources to applicants. Upon granting a mining right in terms of the Act (statutory) royalties have become payable to the state since 1 March 2010 of the Act and the Mineral and Petroleum Resources Royalty Act 28 of 2008. In order to prevent disruption of the mining industry, provision was made in the Act for the continuation of old-order rights for different transitional periods ranging from one to five years and conversion of such rights during the periods of transition. The transitional arrangements in Schedule II of the Act (“transitional arrangements”) inter alia ensured security of tenure of prospecting rights and mining rights and enabled holders thereof to comply with the Act. In particular, an old-order mining right remained valid for five years “subject to the terms and conditions under which it was granted” (item 7(1) of the transitional arrangements) and could be converted into a new mining right (item 7(2) of the transitional arrangements) if certain requirements were met. The applicant had to have: (a) met the requirements for lodgement of application for conversion; (b) conducted mining operations in respect of the mining right; (c) indicated that he would continue to conduct such mining operations upon conversion of the mining right; (d) had an approved environmental management programme; and (e) paid the prescribed conversion fee (item 7(3) of the transitional arrangements). To recap, the Xstrata decision dealt with an old-order mining right that had been converted into a (new) mining right and the effect of these statutory changes on rights to royalties which accrued to a former holder of mineral rights by virtue of a mineral lease. 


Author(s):  
H. Guo ◽  
F.-M. Shen ◽  
X. Jiang ◽  
D.-W. Xiang ◽  
H.-Y. Zheng

As the main iron ore importing country for China, the abundant mineral resources of Australian are the primary raw materials for the sintering production. To better understand the properties of different iron ore from Australia and then guide the sintering production, this study selected four types ore from Australian and one type ore from domestic, and their properties were investigated under different condition. The experiment of single iron ore sintering was studied to examine the influence of different iron ore on metallurgical properties of sinter. From this study, the following results were obtained: GG showed poor fluidity and higher assimilability temperature, but the bonding phase strength was the highest; YD showed better fluidity and lower assimilability temperature, whereas SJY (domestic ore) showed better fluidity and higher bonding phase strength, lower assimilability temperature. The influence mechanism of iron ore on the fluidity was further analyzed by using SEM and ion theory of slag. With the increase SiO2 content of iron ore, the fluidity index increased, the main reason was that the amount of liquid phase increased and melting point decreased during sintering. However, an excessive amount of SiO2 caused the decrease of fluidity index of iron ore, the main reason was that the fluidity of the liquid phase itself decreased and secondary hematite appeared. In the case of the SiO2 content of iron ore was higher, the main bonding phase was calcium silicate. With the decrease of SiO2 content, the calcium silicate transformed into calcium ferrite. This main reason was that the Gibbs free energy of calcium ferrite and dicalcium ferrite (2CaO?SiO2) was higher than that of calcium silicate in the temperature ranges of 400-1600 K. The reduction degree of YD was the highest in all the cases and that of GG was the lowest. Activation energies of 5.39, 3.14, 3.51, 4.47 and 2.92 kJ/mol were obtained for the reduction of GG, PB, BH, SJY, and YD, respectively. In all the cases, the reaction corresponded to the model function of F1(?), and the integral form was -ln(1-?)=kt. Through this investigation, it could be concluded that the most appropriate ore category for sinter pot was YD.


2014 ◽  
Vol 1010-1012 ◽  
pp. 1391-1398
Author(s):  
Bo Lv ◽  
Guang Qi Wang

Firstly, the evaluation system of the priority sequence of mineral resources development was constructed from five aspects as mineral resources endowment, market conditions, technical conditions, social and economic conditions and environmental protection conditions. Then, the priority sequence model of mineral resources development based on grey correlation analysis was proposed. Further, taken the mineral resources in Hebei province as an example, the empirical analysis of the above model was made. Results show that the suitability of the province's mineral development from big to small is, in order, molybdenum ore, cement-used limestone, iron ore, gold ore, silver ore, coal, and etc. The algorithm is not only simple and intuitive, but also improves the efficiency and accuracy of the prioritize division of mineral resource development.


1843 ◽  
Vol 7 (14) ◽  
pp. 219-225
Author(s):  
Newbold

Comparative Remarks on the Geognostic Position of the Corundum in Europe and India.—As I am not aware of any detailed account having been published regarding the geognostic position of the corundum in Peninsular India, and since the rocks with which it is associated in the particular locality which I first visited differ from those in which it has been stated to occur in Europe and Southern India, I am induced to preface this paper with the following remarks. Professor Thomson (Outlines of Mineralogy, vol. i., p. 213) informs us that “the corundum occurs in imbedded crystals in a rock which consists, according to Count Bournon, of indianite, and contains felspar, fibrolite, several varieties of augite, and also octohedral iron ore; the hair-brown or reddish-brown varieties are called adamantine spar. They occur with fibrolite and octohedral iron ore in a sort of granite containing no quartz.” And again (p. 256) he states, that “fibrolite is a mineral found accompanying crystals of corundum in the Carnatic, and that it is a component part of the granite, which is the matrix of the corundum of China.” Professor Jameson, in his geognosy of Peninsular India,(Ed.Cab.Lib., No.VIII., p.349–50,) gives a summary of what is known regarding the corundum of Southern India, and states that it occurs embedded in granite and sienite in the district of Salem, in the Madras Presidency, among the mountains of the Carnatic, and in other parts of the Peninsula, associated with cleavelandite, indianite, and fibrolite. Now in the locality I am about to describe, it was found to occur in decomposed beds of a talcose slate, to which gneiss is subordinate, associated with nodules of indurated talc, and of a poor quartzy iron ore: asbestus, chlorite, actinolite, and schorl were found embedded in the talcose slate.


Author(s):  
Ricardo B. Portella ◽  
Luiza F. Andrade ◽  
Tomazo Garzia Neto ◽  
Nelson Coelho

Bulk Carriers have been developed since 1950 to carry large quantities of non-packed commodities such as grains, coal and iron ore. Nowadays, there are some 5,000 bulk carriers around the world and this number points to some concerns that affect owners of these types of ship and ports. One of these problems is the big waiting time at the ports that reaches 12% of the global fleet around the world at any given moment. At Brazilian iron ore ports the time waiting average was of 6–8 days during 2006–2008. A concrete example is the VALE operation that responds from mineral resources exploration to mineral resources delivery, passing through mines, railroads, seaport terminals and shipping business, forming a logistic chain that can not be interrupted by the expected growth in trade and consequent port congestion. In view of this, PROJEMAR and VALE faced the challenge of designing ore carriers in such a way that it would not interfere with the logistics chain by delaying other ships at the loading or discharge terminal. As the cargo operation is taken as the initial point of the design conception, the expected final product is a ship able to safely take loading rates as high as 16,000 tons of ore per hour, with each hold loaded in one pour and the ship fully loaded in one pass, resulting in fewer pours into the holds of the ore carrier, faster loading operations and, consequently, a significant economy for the ship owner and for the port. The amount of extra steel needed over conventional designs: less than one percent. The fundamental idea of this new concept, which PROJEMAR calls “single-pour, single-pass” design, is a method of ballast control that is synchronized with the cargo loading, scientifically deballasting the ship during loading in a way that balances the forces induced by the incoming cargo. Potential hull loading stress problems can occur due to the manner in which ore cargoes are loaded and due to the amount of cargo which is loaded in an individual hold. To avoid the creation of any unacceptable stresses in the ship’s structure, loading studies considering the planning of cargo loading and discharging operations, maximum allowable and minimum required mass of cargo for each hold and for adjacent holds as a function of the draught at mid-hold position in form of hold mass curves, calculations of still water shear forces and still water bending moments for each port loading condition and structural analysis are required to be developed on the early design stages. This ship loading concept is creating a new generation of ore carriers in such a way that the main class societies are nowadays developing new specific class notation dedicated to these ships. The purpose of this paper is to present the “single-pour, single pass” concept development and how it has been applied to the design of the new 400,000 DWT ore carriers that are being built for VALE in Chinese and Korean shipyards, and to the 80,100 DWT Bauxite Carrier that are being built for LOG-IN in Brazil. The “single-pour, single pass” concept was also partially considered on the design of 12 VLCCs that are being converted to VLOCs for VALE in China with PROJEMAR’s design.


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