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Environmental regulation of exploration and mining operations in Asian countries

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  • James Otto
  • Koh Naito
  • George (Rock) Pring

Abstract

This paper offers a new perspective on the environmental laws in Asian nations affecting the exploration, mining, and reclamation activities of the mineral resource industry: the perspective of the senior government officials in those countries, whose job is to enforce these new environmental laws. The article presents the results of a 1998 survey of national environmental officials in Asia conducted by the Colorado School of Mines and the Metal Mining Agency of Japan. Officials in 10 diverse countries—Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, Mongolia, Philippines, Thailand and Vietnam—responded to a detailed questionnaire covering applicable laws, agencies, protected areas, covered mineral activities, financial assurance, environmental impact assessment, public involvement, environmental standards, permit and reclamation requirements. The survey confirms that Asian nations are part of the global trend towards national government regulatory structures that balance mineral development objectives with environmental considerations. The survey also shows developing regulatory systems (some embryonic, some more mature) utilizing a combination of mining and environmental acts, and often an ‘insider’ perspective of the national officials administering the laws. While that perspective is not without its biases (not least the rigor of enforcement), it may nevertheless be of use in company planning. The emerging regulatory picture contradicts the conventional notion that it is the ‘lower’ level of regulation in Asia that is attracting foreign direct investment in mining.

Suggested Citation

  • James Otto & Koh Naito & George (Rock) Pring, 1999. "Environmental regulation of exploration and mining operations in Asian countries," Natural Resources Forum, Blackwell Publishing, vol. 23(4), pages 323-334, November.
    • Handle: RePEc:wly:natres:v:23:y:1999:i:4:p:323-334
    DOI: 10.1111/j.1477-8947.1999.tb00920.x
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    References listed on IDEAS

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    1. Naito, Koh & Myoi, Hajime & Otto, James & Smith, David & Kamitani, Masaharu, 1998. "Mineral projects in Asian countries: Geology, regulation, fiscal regimes and the environment," Resources Policy, Elsevier, vol. 24(2), pages 87-93, June.
    2. Ziran, Zhong, 1997. "Overview of national mineral policy in China: opportunities and challenges for the mineral industries," Resources Policy, Elsevier, vol. 23(1-2), pages 79-90, June.
    3. Smith, David & Naito, Koh, 1998. "Asian mining legislation: Policy issues and recent developments," Resources Policy, Elsevier, vol. 24(2), pages 125-132, June.
    4. Otto, James M., 1997. "A national mineral policy as a regulatory tool," Resources Policy, Elsevier, vol. 23(1-2), pages 1-7, June.
    5. Intarapravich, Duangjai & Clark, Allen L., 1994. "Performance guarantee schemes in the minerals industry for sustainable development : The case of Thailand," Resources Policy, Elsevier, vol. 20(1), pages 59-69, March.
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    Cited by:

    1. Sinha, Sarvajeet Kumar & Srikanth, R. & Mahalingam, Sudha, 2022. "Regulatory framework for India's energy security and sustainability," Energy Policy, Elsevier, vol. 162(C).

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