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A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines

Mini Dissertation (LLM)--University of Pretoria, 2017.

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Other Authors: Gerber, Leonardus J.
Format: Thesis
Language:English
Published: University of Pretoria 2017
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access_status_str Open Access
author2 Gerber, Leonardus J.
author_browse Gerber, Leonardus J.
author_facet Gerber, Leonardus J.
collection Thesis
dc_rights_str_mv © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2017.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:37:16.787Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2017
publishDateRange 2017
publishDateSort 2017
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/60095 A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines Gerber, Leonardus J. u10050206@tuks.co.za Singh, Srikesh UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. In this dissertation I comparatively analyse the various financial guarantee instruments for mine closure in relation to the interests of medium sized mines. I do this not to compare each instrument against each another but rather in order to ascertain which instruments are more beneficial to medium sized mine companies when included in a state legislation or a contract. Mine closure is clearly a certainty for all mines, however acquiring sufficient funding in order for holistic closure to occur has always been problematic. Thus the use of financial guarantee instrument may mitigate such concern and streamlining the choice will lead to attaining the holistic mine closure objectives. In chapter 1 I trace the history of mine closure as concept which has developed since the 1870s and I illustrate how the concept of mine closure has taken into consideration technical, social and environmental aspects. I do so in order to reinforce not only the scope of mine closure but to further emphasise the progression of the concept. Finally, I establish the current concept of mine closure, representing a meticulous concept comprising of far more than the traditional physical closure. Arising from this meticulous notion I discuss in chapter 2 the need for funding mine closure as the foremost concern regarding mine closure. I highlight the key justifications for the necessity for funding, I discuss the likely sources of such funding and I argue with whom the responsibility of funding falls onto. As the substantive core of this paper, in chapters 3 and 4 I introduce the most commonly opted for financial guarantee instruments and the most significant interests of medium sized mines regarding the financing of mine closure respectively. I deliberate concisely on each of the following instruments, namely: letter of credit; surety bond; cash trust fund; insurance scheme and self-guarantee and I discuss very briefly the most significant interests, namely: profitability, liquidity, accessibility, corruption and tax implications. Finally in chapter 5 I analyse and compare the discussed financial guarantee instruments for mine closure against the interests of medium sized mines in order to establish which are the most beneficial to the medium sized mine company in the completion of holistic mine closure. Public Law LLM Unrestricted 2017-04-26T11:51:53Z 2017-04-26T11:51:53Z 2017/04/06 2017 Mini Dissertation Singh, S 2017, A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60095> A2017 http://hdl.handle.net/2263/60095 en © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines
title A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines
title_full A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines
title_fullStr A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines
title_full_unstemmed A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines
title_short A comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium-sized mines
title_sort comparative analysis of financial guarantee instruments for mine closure in relation to the interests of medium sized mines
topic UCTD
url http://hdl.handle.net/2263/60095