"Minerals", "petroleum" and "operations" in the Mineral and Petroleum Resources Development Act 28 of 2002 : a geologist as devil's advocate for a change? "

This article examines the meaning of "minerals", petroleum, "operations" and activities in relation to such substances to determine the ambit of the application of the Minerals and Petroleum Resources Development Act 28 of 2002, the type of rights necessary for such operations and activities and the ambit of these rights. The examination of the meaning of these concepts takes place with reference to prior definitions in statutes and also from a natural science and geology perspective. An attempt is made to show that the legal definitions do no always correspond with the geological meanings and the meanings on the ground. It is questioned whether in recent legislation why more reliance is not placed on input from geologists in the field.

Artikel 3(1) en (2) van die Mineral and Petroleum Resources Development Act 28 van 2002: 'n herbeskouing

Sections 3(1) and 3(2) of the Mineral and Petroleum Resources Development Act 28 of 2002
This contribution entails a discussion of the impact of section 3 of the Mineral and Petroleum Resources Development Act on various aspects of the new mineral and petroleum law. At the core of the discussion is the question of how this section is interpreted by various commentators, and the implications of the different opinions on the application of the section. The initial discussion highlights problems with the new definition of a "mineral": Soil, including topsoil is at present included in die definition of a "mineral" in the act. The definition should be rectified by the legislature as it has far-reaching consequences in respect of the extent of the state's power in terms of section 3(2) of the act to grant entitlements in respect of minerals, including topsoil. The implications of section 3 for the control and management of minerals are discussed and placed in the context of the question about the constitutionality of the act. It is argued that legislative guidance is urgently needed to clarify continuing uncertainty, caused by sloppy drafting and different opinions about the connection between private law and public law in relation to minerals and the actual position of existing right holders.

understanding Fiji's declining foreign reserves position

This article examines the volatility in Fiji’s foreign reserves—in particular, whether shocks have an asymmetrical effect on volatility and whether shocks have a  persistent impact on volatility. In the pre-coup period (1975–86), shocks had a temporary effect on volatility; in the coup period (1987–2006), shocks had a more lasting impact. In the pre-coup period, negative shocks contributed more to  foreign reserves volatility than positive shocks; but in the period including the  coups, positive shocks increased the volatility of foreign reserves more than  negative shocks. The reasons for, and the policy implications of, this  asymmetrical behaviour are explored.

Monitoring the marine environment adjacent to a petroleum refinery on Corio Bay, Victoria, Australia /Peter James Gilbert

The objective of the work reported in this thesis was to design and implement an ecological effects environmental monitoring program which would: 1) Collect baseline biological information on sessile epibiotic fouling communities from an area adjacent to a petroleum refinery located on Corio Bay, Victoria, to allow comparison with results of future monitoring for the assessment of long term temporal water quality trends. 2) Detect and — if possible - estimate the magnitude of any influence on epibiotic fouling communities within the Corio Bay marine ecosystem attributable to operations at the Shell Petroleum Refinery. 3) Investigate the extent of thermal stratification and rate of dispersal of the petroleum refinery main cooling-water outfall plume (discharging up to 350,000 tonnes of warmed seawater per day), and its effect on epibiotic communities within the EPA-defined mixing zone. A major component of the work undertaken was the design and development of artificial-substrate biological sampling stations suitable for use under the conditions prevailing in Corio Bay, and the development of appropriate quantitative underwater photographic sampling techniques to fulfil the experimental criteria outlined above. Experimental and other constraints imposed on the design of the stations precluded the simple suspension of frames from jetties or pylons, a technique widely used in previous work of this type. Artificial substrate panels were deployed along three radial transects centred within and extending beyond the petroleum refinery main cooling-water mixing zone. Identical substrate panels were deployed at a number of control sites located throughout Corio Bay, each chosen for differences in their degree of exposure to such factors as water movement, depth, shipping traffic and/or comparable industrial activity. The rate of colonisation (space utilisation) and the development of epibiotic fouling communities on artificial substrate panels was monitored over two twelve-month sampling periods using quantitative underwater photographic sampling techniques. Sampling was conducted at 4-8 week intervals with the rate of panel colonisation and community structure determined via coverage measurements. Various species of marine algae, polychaete tubeworms, hydroids, barnacles, simple and colonial ascidians, sponges, bivalve molluscs and encrusting bryozoans were all detected growing on panels. Communities which established on panels within the cooling-water mixing-zone and those at control sites were compared using statistical procedures including agglomerative hierarchical cluster analysis. A photographic sample archive has been established to allow comparison with similar future studies.

The dynamic relationship between real exchange rates, real interest rates and foreign exchange reserves : empirical evidence from China

This article examines the long-run and short-run relationship between China's real exchange rate, foreign exchange reserves and the real interest rate differential between China and the United States using monthly data from 1980 to 2002. Extensive testing for unit roots allowing for up to two structural breaks in the trend indicates that the variables are not integrated of the same order. Thus, the bounds testing approach to cointegration is used, which finds that there is a single long-run relationship between the three variables. In the long run the real exchange rate has a statistically significant positive effect on foreign exchange reserves. The coefficient on the real interest rate differential is also positive, but is statistically insignificant. In the short-run it is found that the relationship between the real exchange rate, real interest rate differential and foreign exchange reserves is non-monotonic.

The establishment of large private nature reserves by conservation NGOs : key factors for successful implementation

Private nature reserves created by nongovernmental organizations (NGOs) are increasing, and their growing number and extent means that they can potentially contribute to biodiversity goals at a global scale. However, the success of these reserves depends on the legal, economic and institutional conditions framing their creation and management. We explored these conditions, and the opportunities and challenges facing conservation organizations in managing private nature reserves, across several countries, with an emphasis on Australia. Results from 17 semi-structured interviews with representatives of private conservation organizations indicated that while private reserves may enhance the conservation estate, challenges remain. Legal frameworks, especially tenure and economic laws, vary across and within countries, presenting conservation organizations with significant opportunities or constraints to owning and/or managing private nature reserves. Many acquired land without strategic acquisition procedures and secured funding for property acquisition but not management, affecting the long-term maintenance of properties. Other typical problems were tied to the institutional capacity of the organizations. Greater planning within organizations, especially financial planning, is required and NGOs must understand opportunities and constraints present in legislative frameworks at the outset. Organizations must establish their expertise gaps and address them. To this end, partnerships between organizations and/or with government can prove critical.

Green planning heritage/industrial nature : the park lands or 'regeneration reserves' of Broken Hill

Freestone (1989+) has extensively surveyed town planning visions and model communities for Australia, but one settlement has been forgotten. The significant mining settlement of Broken Hill in far western New South Wales does not figure in his thematic and historical analyses yet its park lands are so integral to its physical cultural legacy and human health that it warrants enhanced standing. In the last 2 years the Commonwealth has been considering the potential nomination of the municipality of Broken Hill for inclusion onto the National Heritage List principally due to its mining, social and economic contributions to Australia’s heritage and identity. A component in their deliberations is the Park Lands, or ‘Regeneration Reserves’, that encompass this urban settlement and its mine leaseholds. Within these Regeneration Reserves, international arid zone ecological restoration theory and practice was pioneered by Albert and Margaret Morris in the 1930s that serves as the method for all mining revegetation practice in Australia today. This paper reviews the theory and evolution of the Broken Hill Regeneration Reserves, having regard to the Adelaide Park Lands and Garden City discourses of the 1920s-30s, arguing that the Broken Hill Regeneration Reserves have a valid and instrumental position in the planning and landscape architectural histories of Australia.