Banner
2.4 Obligations Prior to Construction
This is my site Written by MMDA Admin on 29 March, 2011 – 5:01 pm

Important ItemPrevious Clause | Next Clause | Table of Contents

Within [ __ ] months of the Effective Date and prior to commencing construction of the Project, the Company shall submit the following documents to the State, as further described in this Agreement (collectively, the “Documents”):

(a) Feasibility Study.
(b) Environmental Assessment and Environmental Management Plan.
(c) Social Impact Assessment and Action Plan.
(d) Financing Plan.
(e) Closure Plan, consistent with Section 26.1 of this Agreement;

In addition, the Documents shall be publicly available pursuant to Section 30.1 of this Agreement, subject to the provisions of Section 30.2.

Example 1
The Company undertakes to conduct all activities hereunder in the manner and subject to the conditions of Article 2 of this Agreement and to continue such activities, beginning with General Survey, Exploration, and Feasibility Study to Construction Periods of this Agreement without interruption. Subject to Article 23 and Article 26, such activities may be interrupted or suspended with the concurrence of the Department. Any such interruption or suspension shall not affect the mutual rights and obligations of the Parties hereto under this Agreement.

Example 2
An application further to develop the Ore Body shall be made in accordance with Section [x] of the Act and shall include or be accompanied by:

2.1.1 A comprehensive statement of the mineral deposits delineated in the relevant Mining Area including details of all known minerals proved, estimated or inferred, ore reserves and anticipated mining conditions;
2.1.2 A proposed programme of mining operations covering the period from commencement of the Ore Body Extension Project to mine closure and site rehabilitation, including a forecast of capital investment, the estimated recovery rate of ore and mineral products, and the proposed treatment and disposal of ore and minerals recovered;
2.1.3 Company’s environmental plan for the period from commencement of Ore Body Extension Project to mine closure and site rehabilitation, including its proposals for the prevention of pollution, the treatment of wastes, the protection and reclamation of land and water resources, and for eliminating or minimising the adverse effects on the environment of its mining operations;
2.1.4 Details of expected infrastructure requirements including electrical power requirements;
2.1.5 Company’s proposals with respect to the employment and training of citizens of Country and, if necessary, an amendment to the Employment and Training Plan;
2.1.6 In the event that Company considers (by reference to the then prevailing facts and circumstances) that, notwithstanding the automatic extension to the Stability Period that would occur pursuant to Clause 0, it will not have a reasonable opportunity to achieve the Real Hurdle Rate of Return over the remainder of the life of mine (as extended) and wishes to request Government to grant a further extension to the Stability Period (in excess of that provided for in Clause 0), supporting documentation in sufficient detail to substantiate such request (including, without limitation, a calculation of Company proposed Real Hurdle Rate of Return), for the purposes of Clause 2.1.27; and
2.1.7 A description of any conditions the approval of which by Government is a precondition to Company’s application and willingness to implement the Ore Body Extension Project (including a condition relating to any further extension to the Stability Period as described in Clause 2.1.6, if such further extension is a condition (and not merely a request)).

REFER TO MMDA DISCLAIMERS AND MMDA USER’S GUIDE
PRIOR TO ANY USE OF THIS DOCUMENT.

Important ItemPrevious Clause | Next Clause | Table of Contents

Chinese (Simplified) French Portuguese (Brazil) Russian Spanish

Posted in  

Comments are closed.