从南非矿法修改看其矿业政策发展变化

南非对2002年颁布的《矿产与石油资源开发法》进行了多次修订。修订后的南非矿法在矿业权管制条款、选矿条款两个方面扩大了部长的自由裁量权，加强了国家对该项的控制和管理；矿业权申请方式增加了投标的申请方式，并可以就部分矿业权进行申请；社区可以作为经济实体参与矿业开发，提高了社会和劳工计划要求，保障矿业社区利益；提高环境义务和闭坑要求，设定环境授权和用水许可证以及开放式的闭坑环境义务。首次以法律条文的形式规定政府无偿享有石油开发企业一定比例的利润分成。南非矿法修订频繁、条款变化幅度极大、矿业政策稳定性极低。

Views on the Development and Changes of Mining Policy of South Africa from the Amendments to the Mining Law

This paper introduces the amendments to “Minerals and Petroleum Resources Development Act” issued by South Africa in 2002. In the revised act, the discretion power of the minister has been expanded in the terms of mining right control and mineral processing, thus enhancing the control and management of the state government;application method for bidding has neen added, and application can be made with regard to part mining rights;the community can be used as an economical entity to participate in the development of mining, as a result, raising social and labor plan requirements and guaranteeing the interests of mining community;environmental obligation and the requirements for mine closure have been improved; and environmental obligation with regard to environment authorization and water permits, as well as open pits were set up. For the ifrst time, the government can enjoy a percentage of proift sharing of oil exploration and development companies without compensation has been stipulated by law. This paper also points out that mining law of South Africa is revised frequently;terms and conditions are changed greatly;so the stability of mining policy is extremely low.