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By Jeremy Morris

The city of Indianapolis has more than 25,000 homes currently on septic systems. Many of these systems do not function well because of their age and surrounding soil conditions. As Indianapolis has worked to eliminate septic systems and install sanitary sewers in large unsewered areas on the north-west side, capacity of the existing Belmont North Interceptor (BNI) became a concern. The BNI system currently services an area of approximately 80 km2 (31 sq miles) located within the northwest quadrant of the city (Fig. 1). Monitoring of the existing interceptor indicated portions of the sys-tem flowing half- to two-thirds full during dry weather conditions and surcharging during some wet weather conditions. Further analysis of the BNI based on growth projections coupled with increased sewershed yield resulting from the city?s septic tank elimination program (STEP) indicated dry-weather flows could potentially triple over the next 20 years. Based on these modeling results and current wet weather capacity issues, the city determined further STEP projects could not be performed within the BNI service area until

Jan 1, 2011

By Lena Paar

"Underground construction poses certain challenges for all parties involved because the actual ground conditions are often unpredictable. Highly complex projects like tunnel construction are affected by various uncertainties. To address this complexity, the construction contract has to be flexible enough to be adapted to the actual conditions (e.g. divergent ground conditions, work delays). However, the adaptation of a tunnel construction contract does not guarantee the absence of a margin of interpretation. The perfect construction contract is an illusion because ex ante statements of the actual ground conditions are not feasible. This paper will discuss contractual parameters that must be considered in order to enable an effective adaptation of the contract during excavation. It is therefore necessary to discuss the following topics: decision-making competence, variable remuneration, fair-risk allocation, value engineering and partnering between client and contractor. INTRODUCTION Thinking of tunnel construction processes, engineers’ first (or at least second) association is about ground conditions. When constructing under the surface, the project is directly related to the ground conditions; however, ground conditions are known fairly well in advance. The estimated conditions can be the same or can also differ from the existing ones. A clear view of the conditions is possible only by driving through the section. What Hoek calls “Geological unpredictability which is guaranteed to provide some surprises in even the simplest tunnelling job” is, in addition to contractual issues, one of two critical aspects of modern tunneling (Hoek 1982). Almost no research tries to figure out, what flexibility in this context means and how to approach it in the contracts. Papers dealing with the New Austrian Tunnel Method (NATM) pose some principles to meet the requests for flexibility (cf. Austrian Society for Geomechanics 2011). However, it remains unclear how to create contracts in order to make them “flexible” enough to react to divergent ground conditions."

Jan 1, 2016

By W. Collingwood, K. V. Raj, S. Bandopadhyay

In the mining industry, computational fluid dynamics (CFD) modeling is used extensively to simulate air flow in underground mines. CFD modeling of pollutant transport in openpit mines is relatively new. Modeling the actual pit geometry of an openpit mine and the open domain is complex. The complexity is primarily due to the faceted geometry of an openpit mine with its numerous associated sharp features. Important issues that are not considered carefully at the geometry level are generally propagated to the subsequent processes. Several challenges and pitfalls are encountered in modeling pollutant transport in openpit mines. These challenges and pitfalls are related to the geometry, meshing, boundary conditions and turbulence modeling parameterization. An appropriate mesh selection is critical. A detailed discussion of the meshing of the domain of an openpit mine is presented in this paper. The selection of an appropriate turbulence model, such as kappa-epsilon (κ-ε), large eddy simulation (LES), Reynolds stress model (RSM), etc., to obtain the best possible solution is equally significant. This paper discusses the various challenges in modeling the pollutant transport process in an openpit and some of the approaches adopted to address these challenges.

Jan 1, 2013

By S. Wegerer, M. Semel

The search for minerals typically starts with a reconnaissance phase. After finding a promising target area, further prospecting work will be conducted. Finally with growing confidence of having encountered an ore deposit with commercially viable concentrations of relevant minerals, an extensive exploration campaign will verify its potential. Best practice and reliable, efficient tools for mineral resource estimation of massive sulfide deposits in the deep sea have to be established yet. Therefore, a new seabed exploration system is in development. Various challenges are caused by the extreme environmental conditions in the deep sea and by the nature of massive sulfide deposits. Information of past and ongoing expeditions were gathered to form the basis of an in-depth requirement analysis. System functions and corresponding process times were derived. The experience from the existing MeBo seabed drill rigs serve as starting point for the concept study and following development. Initial MeBo system was built for maritime research purposes and now has to be converted into a new design, suitable for efficient and economic resource exploration. The new system configuration is modular structured to adapt easily to different application scenarios and challenges. To achieve an extension of the deployment depths, the overall equipment weight has to be limited through light weight construction and material. The drilling module contains a range of geotechnical coring tools to face the varying soil conditions of heterogeneous massive sulfide formations. The major challenge to overcome is the touch down sequence on uneven, 25° inclined, rough terrain in up to 4.000 m water depth. Furthermore, high precision of the final unit positioning is necessary. Landing sub-system proof of concept is validated in laboratory environment with small scale model. A novel seabed exploration system capable to land and operate safely on highly inclined slopes of mineral deposit is described. Obtaining high quality samples by wire-line coring technique is the objective.

Feb 22, 2026

By M Haydon

How do you portray a large structurally and stratigraphically complex deposit to return a meaningful resource estimation, and produce a geological model that is useable for planning on a daily basis? The George Fisher Mine is located 22 km north of Mount Isa and forms part of XstrataÆs Zinc Group operations. It is currently a major producer of zinc, lead and silver in the region with an estimated total resource for all categories of 127 Mt at 100g/t Ag, 5.3 per cent Pb and 9.2 per cent Zn (June 2005). Production in 2005 totalled 2 647 492 wet tonnes for 317 699 kg Ag, 140 317 tonnes Pb and 230 331 tonnes Zn from underground operations. George Fisher (GF) consists of two deposits that are structurally complex on a mine scale, George Fisher North (GFN) and George Fisher South (GFS). Regional faulting has resulted in a 2 km long package of variably pyritic shale and siltstone that separates the deposits. This paper looks specifically at GFN. Distinct correlations exist between the two deposits based on stratigraphic matches; however, orebody characteristics, geometry and fault architectures differ significantly between the two. The deposits consist of multiple, sedimentary-hosted, stratiform orebodies from 2 to 25 m wide, separated by waste intervals of variable width. Each ore-waste interval is modelled as an individual geological domain. Structurally, George Fisher North (GFN) contains a series of major late-stage NE faults with dextral offset(s) of up to 130 m. Further complexity is added by NS, NW and NNE striking fault orientations that can produce either a loss or repeat of stratigraphy, local drag folding, orebody attenuation and block rotation. Due to this structural complexity and orebody offsets, domains at GFN are further divided into fault blocks (FB). The GFN model comprises eight FBs over a strike length of 1 km, all of which are modelled independently. As drilling progresses and additional resources are converted, further FBs will be added at major fault offsets to accommodate orebody and model expansion. This will be in addition to what is already a large and time-consuming data set to manage and update. For example, each FB has 18 domains each with two constraining wireframes (hanging wall and footwall). Each wireframe has several sets of point data depending on the type of data available, ie diamond drilling, mapping or interpretation points. This equates to over 1100 separate files to manage. Additional wireframes and files are also required for major structures, daily planning requirements and block model runs. In total some 1500 files are managed, updated and maintained for GFN alone. The ongoing need to expand as a business and optimise production in the current economic climate where there is a global demand for metal has led to an increase in production at GF. This has resulted in a rapidly growing data set and highlights the importance of practical and efficient modelling to achieve a meaningful resource estimate. This paper focuses on the geological modelling, modelling approaches and techniques employed for the GFN deposit.

Jan 1, 2006

By Mala R. Ciancia

Planned tunnel projects with advanced geotechnical investigations are more frequently being suspended because of changes in funding, politics, or local priorities. Some of these projects are ultimately canceled, some decelerate and stall, some resume after a short pause, and some restart after being mothballed for several years. The restarted project often differs at least slightly from the predecessor project in terms of alignment and design concept. This paper describes approaches to evaluating the quality and completeness of previous geotechnical investigations for a re-activated project, considering technological advances as well as changes in regulatory requirements, contracting approach, and site conditions which may have taken place in the time since the project was suspended.

Jun 13, 2021

By J. Hadjigeorgiou, J. Wesseloo

Mining companies employ a multitude of risk management tools. The effectiveness of these tools for decision-making and communicating risk has not been addressed. This paper investigates the use of verbal probabilistic expressions in communicating geomechanical risk. Analysing survey data obtained from a group of mining geomechanics professionals, it identifies limitations of common probabilistic expressions. The paper concludes by making specific recommendations to avoid the use of certain expressions that may result in increased uncertainty, thus compromising the use of risk management tools.

Jan 30, 2026

By Bruce D. Hebb, Shahin Shadlou

Fiber Reinforced Polymer (FRP) is an excellent material choice for a broad spectrum of corrosive fluids and, in many cases, offers the best value per dollar. FRP Flanges present the greatest design challenge of all standard piping components. The theory underlying the design of flanges is very complex. In addition, due to the nature of FRP material, proper fabrication of the flanges is as critical as the design. In this review, the challenges of making FRP flanges along with the design techniques and best practices of fabrication that will lead to a high-quality flange will be discussed.

Feb 1, 2024

By Anna Gustafson, Sohail Manzoor, Håkan Schunnesson

Sublevel caving operation relies on the estimation of ore grade at drawpoints, as the mine management uses grade to decide whether the material at a certain ring should be loaded or abandoned. Grade is estimated in various ways, including visual estimation, density-based calculation, and sampling and assay methods. The grade estimation at the world’s two largest underground iron ore mines owned by LKAB in northern Sweden is based on the density difference between ore and waste. The calculations assume a constant swell factor, a theoretical fill of 100%, and a linear relationship between bucket weight and material grade. This study evaluated these assumptions in detail based on the loading data for 12,237 buckets and concluded that the method has some shortcomings which render the assumptions invalid. Further research is required to deal with these shortcomings to improve estimation of the material grade.

Oct 17, 2022

By R Ballantyne, M Adams

Time Usage Models, used as a basis for calculating performance indicators for mobile mining equipment, have developed from very simple to very sophisticated models. This development has paralleled the increased collection and analysis of production data that itself has been enabled by the evolution of underground voice and data communications along with the relevant information systems. A Time Usage Model divides the hours that equipment is (or is not) used into standard components, by a hierarchical breakdown, so that measures of productivity can be used to compare performance of both people and equipment. The calculation of equipment availability, and thus the underlying Time Usage Model, has always been an extremely emotive topic as different groups use time usage information for different purposes. The direct link between measuring performance Key Performance Indicators (KPI) calculated from these models and employee rewards impacts upon the workforce. This paper discusses the conflict in use by various stakeholders and proposes ways to address some of the more contentious issues each supported by case studies. The simple status code functionality used by early systems has proven inadequate, leading to the evolution of “work-arounds”. These workarounds have become the norm and unfortunately have become embedded in the next generation of models and the information systems that incorporate them. This paper contends that the industry should stop building Time Usage Models to accommodate shortcomings in proprietary systems, but rather collaborate with suppliers to develop innovative methods to deal with the fundamental requirements. There are many points of differentiation that are not clear-cut. Pitfalls are discussed as well as threats to success. A framework of rules is developed as guidelines for how a Time Usage Model should be developed and applied. This will hopefully stimulate the on-going discussion as to how Equipment Availability and other components of the model should be calculated.

Mar 15, 2021

By Michael J. Peacock

The Powhatan No. 4 Mine is located in southeastern Ohio along the Ohio River in Monroe County. The mine produces approximately 3.2 million tons of steam coal annually from the Pittsburgh No. 8 seam. The Pittsburgh No. 8 seam in this area dips to the southeast in varying amounts from 10-feet to 40-feet per mile. The seam is made up of a main bench coal (4' to 5f' ) containing several thin and variable partings and a rider ("roof") coal (0" to 18") which is separated from the main bench by a parting (0" to 18") that is reasonably consistent in occurrence and position. Strata overlying the seam varies from a bedded to nonbedded calcareous mudstone-claystone (6' to 12') in the north and east regions of the mine to a sandstone (Pittsburgh Sandstone C10' to 40'1 in the south and west regions. The Redstone Limestone (10' to 18' ) overlying the mudstone-claystone in the north and east thins and rises toward the area of sandstone deposition in the south and west. From its opening in April of 1971 until late 1981, primary roof support in the long-1 ived entries at Quarto Mining Company's Powhatan No. 4 Mine had been achieved with 8-foot and 10-foot. 518-inch mechanical roof bolts using a Single expansion shell. These bolts were installed so that the expansion shell achieved a competent anchorage in the limestone. However, as the mine developed westward, the limestone began to trend upward becoming inaccessible as an anchorage medium at the 8-foot and 10-foot horizons. Anchorage achieved in the underlying mudstone-claystone strata was failure-prone due to weathering (after exposure to air and moisture) and inconsistencies in the anchorage horizon, leading to an increase in the incidence of reportable roof falls at the mine. Responding to the threat to safety and productivity posed by the increase in roof falls. Mine Management through its Safety and Engineering Departments, sought solutions to the problem. In seeking a solution to the problem, the safest and en engineering groups examined the reportable roof falls to determine the cause of those failures. Their examination pinpointed two items which were found to be a common link in the majority of those falls; namely, anchor integrity and geologic trends. Analysis of the roof falls indicated that due to effects of air and moisture on the anchoraae zones in the mudstones and clay- itones, the integrity of the anchorage over time could not be maintained. Geologic trends noted included the upward trend of the -main limestone as mining progressed westward, inconsistencies in the amount of roof coal and draw slate in the immediate mine roof and increasing evidence of heavily slickensided immediate mine roof. In the absence of the protective barrier provided by the roof coal, the immediate strata and particularly the draw slate, is susceptible to deterioration due to the weathering effects of air and moisture and thus is prone to "eat out" around the roof bolts and cause roof falls. The presence of heavily slickensided roof creates a need for increased contact surface such as that provided by plank and header blocks to aid in holding up the roof and tends to make the behavior of such roof very unpredictable. Having determined the causes of the roof falls. Mine Management began to identify the kind of roof support which would best solve these problems, while at the same time providing the mine with a safe, cost effective and efficient roof support system. This paper will provide an analysis of how this decision was reached, the background that was researched to aid in forming the decision, the considerations that played key roles in the formulation of the plan, the mechanics of following through and implementing the new roof support system, and an assessment of the resultant gains in safety, productivity and improved costs derived from the implementation of the new roof support system.

Jan 1, 1986

By R. A. Wagstaff

SINCE the time of the early Egyptians, the use of copper has been a boon to the life of most of the civilized world. Its use has been varied; in many connections, the art by which it attained its greatest usefulness has been lost. In this paper an endeavor will be made to take into consideration some of the many changes that have occurred during the last 40 years of copper-smelting operations. During that period the copper blast furnace has been almost forced out of existence by new methods of ore concentration-first, gravity concentration, and then flotation. These new methods of concentration introduced many new factors into the metallurgy of copper. The product was wet, it was fine and it was high grade. To overcome all these factors many changes have been necessary throughout the smelting agenda. New equipment has been necessary for transportation, unloading, sampling, bedding and moisturing in all smelting plants, especially the custom smelter. During the early days of "flotation," little was known about filtering or the use of an alkaline circuit; often the concentrate going to the smelter contained 20 to 25 per cent moisture. It is easy to imagine the difficulty arising with a product of this nature when it had to be shoveled by hand labor. To meet these conditions, mechanical unloading and sampling devices were soon developed. In many instances such good progress was made that actual costs for handling this unfavorable product were lower than those formerly incurred on the old product. Today most sampling of copper ores and concentrates is being done by mechanical sampling, pipe or augur sampling, or shovel sampling. Where concentrates are uniform in metal content, a great many of the plants now use pipe or augur sampling. For spotty ores, the old shovel sample with cone and quartering during the final stages is still in use. Where big tonnages are handled, mechanical sampling of concentrates is being done, with satisfactory results. To curtail slow and tedious cutting and mixing procedure, mechanical mixing boxes, splitters and cutters are used to cut down labor costs. MILLING As crude ores become scarcer, the use of milling operations increases. The few crude ores that are still smelted are used as fluxing types. To use these ores finer grinding has been found advantageous. This has made for better bedding and fluxing conditions, which in turn makes for faster smelting, lower fuel consumption and better metal recovery. The degree of fineness is more or less determined by the nature of the product. Most plants have set a standard of through ¾ -in. mesh screen for roaster- reverberatory smelting and through ¾ in. mesh screen for converter fluxes. For some refractory ores; even finer grinding has been found to be advantageous for good reverberatory smelting.

Jan 1, 1944

By J. D. Bliss, G. J. Orris, W. O. Menzie

"Analysis of gold placer data from gold placers throughout the world suggests that gold grades and volumes cannot be used to distinguish between most types of gold placers. Only the alluvial plain and fan placers are significantly different among the types of gold placers considered. Gold grades and volumes change when working gold placers go from small-volume methods to large-volume methods. The small-volume methods are either of the surface or subsurface (drift mining) type. The odds that a gold placer will be dominantly worked using small volume methods at the surface are about 5:3. Once small volume mining has occurred, the odds against subsequent large-volume mining are about 4:1. If a placer deposit is suitable for large-volume mining, and the amount of gold produced from small-volume mining was reported, an estimate of the remaining gold (log10kg) can be made using the following equation:The relationship shown by this equation suggests that very large gold placers have over half their total gold content in the rich gravels appropriate for small-volume mining. These relationships in conjunction with other data and computer simulation can be used to estimate placer gold resources for an area targeted for mineral resource assessment. IntroductionGold placers have been an important source of gold throughout man's history and may have been one of the first sources-dating back to around 6000 B.C. (Gregory, 1980). From the primitive basket to the modern floating dredge, a variety of methods have been used to work gold placers. Placers are found in a wide spectrum of geologic and climatic settings. They have been classified by using a mixed set of criteria including age (Recent, Tertiary), climate (desert), fluvial position (modern channel, bench, alluvial fan), environment of deposition (eluvial, alluvial, residual, beach), type of transport (stream, wind, glacier), and whether the placer is buried or at the surface (Boyle, 1979; Wells, 1969). Several mining methods have usually been used to extract gold from anyone placer."

Jan 1, 1987

By Dorothy Walters

As an increase in the number of producers alters fact ors affecting supply, long-term prospects in traditional markets for many minerals weaken. At the same time, conflicts between national and international objectives undermine existing competitive elements in mineral markets and Canadian costs escalate. Such changes may dramatically alter the environment in which the mining industry operates.

Jan 1, 1979

By Hamid-Reza Manouchehri

"Sustainability calls for maintenance, rational use and enhancement of natural resources as well as balance consideration of ecology, economy, and social justice. The challenges in mining industry call for a sustained global effort using the leverage of available technologies and emerging new technologies. The industry uses significant amount of energy with the highest portion in comminution. To conserve energy, attempts have been made to improve the efficiency of the conventional crushing and grinding equipment. Nevertheless, the new and energy efficient comminution technologies are favorable through a longer term strategy. Since crushers are more energy efficient than mills, it is logic to conduct part of milling, in the crushing stage. After years of research and development, Sandvik introduces a new crushing technology, VibroconeTM, to change traditional crushing concepts. The new crushing device is able to crush and grind particles with a higher reduction ratio, more than two fold, than that of conventional crushers. By implementation of the new technology, a suitable feed size for milling can be provided to conserve energy as well as media and liner consumption, to reduce milling circulating load or increase mill capacity. There are other benefits associated with this machine, one of them being providing a higher surface area. This paper discusses the performance of the machine and its applications for comminuting different ores."

Jan 1, 2014

CSA mine, which is a deep level copper operation, located 12 km north of Cobar, NSW, currently uses a top down stoping method, utilising cemented hydraulic backfill (CHF) to fill and stabilise the stoping void thus assisting the extraction sequence. The stope sequence then requires development back through the CHF stope so that the necessary infrastructure for the subsequent stoping, such as raise bore pads can be sited. The primary and secondary support installed in the CHF consisted of 100 mm thick fibrecrete from floor to floor with 7 + 2.4 m long resin support tendons installed at 1.5 m ring spacing. This support system relied on the resin achieving a quality bond with the CHF, and also the fibrecrete developing early structural strength due to the use of an accelerator. In addition to the delays in the excavation turn around time, it was felt that a superior support system could be designed. Such a system was designed; risk assessed, tested underground, and trialled in selective CHF digouts, and eventually signed off as the chosen support method in CHF digouts. This paper discusses the change from a passive support system used in CHF digouts to an active support system using Swellex bolts and weld mesh, which has provided an active support system, that is superior, faster to install, reduced the excavation turn around time and is overall a cheaper support system.

Nov 25, 2010

By T. Peter Philip, Erich U. Petersen, William J. Tafuri, Donald M. Hausen, Douglas N. Halbe

Scarcely a month goes by that I or someone else at Newmont Mining or Newmont Gold isn't asked to give a talk on the topic I was asked to discuss today. Investors, financial analysts, geologists, metallurgists, even our government--everybody wants to know what the future holds for gold mining. Well, you're not going to get exactly what you asked for. Today, I'm prepared to focus primarily not on what the future will bring to us, but rather on what the future will demand from us. More than that, I cannot undertake because it isn't within my scope to predict how wise and resourceful everyone in our industry will be in the future. What our future will hold, as I see it, will depend on our--and our colleagues'-- responses to these very real demands. Three critical issues stand out in my mind as to what the future will demand of us in the gold mining industry. And these demands will be for: 1. The very greatest of technical expertise and innovation. 2. The highest order of environmental sensitivity and timely accommodation. 3. Planning, planning and more planning. All of these flow inexorably today from the traditional objective of any mining company--or any company in any business, and that is, to make money. Nothing as I see it, should be undertaken by a geologist, metallurgist or even an environmental department, unless the exercises will enhance profits; and nothing may be ignored which can have consequent damage to the bottom line. Thus, the three issues I've listed for you subordinate themselves to the objective of making money, although at least in the environmental area, it might seem to some that we can only incur additional costs without even a dollar-for-dollar return. I hope to disabuse you today of any such out-of-date notion. Let's tackle the first issue-- Technical Expertise and Innovation. Newmont Gold Company this year is celebrating its 25th anniversary of successful and profitable operations on the Carlin Trend. Carlin in 1961, which is when exploration began on the "Trend" by Newmont, actually may share a lot of similarities with Carlin today. They didn't then know where the gold was and, if they found it, they had one hell of a challenge mining and processing ore at a profit because gold was selling at only $35 an ounce. Today, we know where the current reserves are. But we don't know where our future reserves lie. Furthermore, we don't know exactly how we're going to mine them, and, as everyone here knows too well, we don't know what the optimum metallurgical treatment is, even if we can find and mine them. And all that despite the abundant level of modern experience and skills within the current generation of mining companies, and the fact that, even taking inflation into account, gold sells at a higher price today than in 1965 when Carlin began operations. But, of course, I'm telling you what you already know.

Jan 1, 1990

By Karl J. C. Harries

"1.1. WHAT ARE AGREEMENTS AND HOW ARE THEY FORMED?In order to have an agreement, at common law, there must be an offer, acceptance of that offer, and consideration passing between the parties. In addition, the material terms (i.e. the basics or substance) of the agreement must be discernible, preferably by means of documentation. Although these concepts may appear simple and straightforward, the law relating to them is voluminous and complex. Some brief comments are worthwhile.• Offer/acceptance: Both offer and acceptance should be in writing, but they need not be. The actions, conversations, and/or correspondence of the parties may constitute either or both of them. Notwithstanding, the local law or practice of a jurisdiction will impose some specific requirements for certain types of agreements. If these requirements are not met, the agreement may be unenforceable. For example, Ontario’s Mining Act requires transfers of unpatented mining claims to be evidenced in writing and recorded.1• Consideration: Consideration is usually thought of as being money, but it can be virtually anything, even “the premises” (i.e. the mutual covenants or promises contained in the agreement itself). In addition, if one party, relying upon the offer of another, does something to his detriment, then the doing of the act can be considered to be an acceptance of the offer and, under the legal concept of “detrimental reliance”, can also be consideration. Whether or not detrimental reliance exists will depend upon the circumstances of each case.2• Material terms: The requirement that the material terms of an agreement must be discernible does not mean that all of the terms of an agreement must be documented or even have been considered, just the basic or material ones. In addition, it will be up to a judge to decide what is material – not necessarily the parties. In order to establish the material terms, a Court may look at all relevant documentation and may hear oral evidence. It will resist “writing the agreement”"

Jan 1, 2003

By Karl J. C. Harries

"11.1. INTRODUCTIONA royalty is the most common form of interest retained by an owner who is disposing of his property or by a joint venturer who ceases, voluntarily or otherwise, to participate in the joint venture.1 Rarely does a non-participating party have a direct interest in the property and/or assets of a project, except during the period when a non-participating joint venturer may be having his interest diluted.2 In fact, it is most unwise to permit a non-participating party to have such an interest. It may give rise to significant problems that could prevent or substantially delay the development of an orebody and require a considerable amount of time, effort, and money to correct.3In negotiating a royalty, it is important to be aware that there is no law or convention that says, “You just don’t do that in a royalty agreement.” As with any agreement, inventiveness and flexibility on the part of the negotiator are not just assets, but virtual necessities. It is also for this reason that it is essential to read the royalty provisions, particularly the definitions, fully and carefully, especially if you are the recipient. On the other hand, if your inventiveness and flexibility cause your accountant to question the advisability of one of your ideas, pay close attention to him.4 He will, no doubt, have had experience with many royalties, and no competent professional adviser disparages a client’s ideas without good reason. Besides, he will probably be the person who will be determining the royalty or certifying the determination of it. At the very least, he will be auditing your general financial statements, which must, of course, reflect the royalty determination. Heeding his advice not only may make the determination easier but also will probably save you money in professional fees later on. Nevertheless, do not simply accept his comments or recommendations without understanding what they mean, why they have been made with respect to your royalty agreement (sometimes professionals have comments that they make as a matter of course and, even though they may be valid, you should require them to be justified to you), and how they will affect your royalty determination.It is surprising how many corporate payors insist that their standard royalty provisions5 be used as a matter of policy, thereby effectively tying the negotiator’s hands. It is even more surprising, and to professional advisers frightening, how many of the senior employees who insist that such a policy be adhered to, virtually without variation, do not know what is in the standard provisions and would be hard-pressed to explain them to a property owner. If standard provisions are appropriate, by all means use them, but do allow experienced and sensible negotiators some flexibility and make sure that everyone within the corporation who may have to use such provisions – negotiator and supervisor alike – knows what they contain and why they are as they are. For example, there are often good and convincing reasons to describe a deduction in a certain way or to include a certain specific type of deduction. On the other hand, quite often the answer to the question “why?” is that “it has always been there”; this is, or should be, an unacceptable answer. In any event, if you, as the negotiator, appear to know what you are talking about, are familiar and comfortable with your royalty provisions, and are backed up by your boss with the same words or reasoning, a property owner cannot help but be satisfied that you are knowledgeable, even if he still does not agree with your provisions. Finally, if you do use standard provisions, make sure that they are reviewed and updated regularly."

Jan 1, 2003

By Karl J. C. Harries

"14.1. INTRODUCTION1The boilerplate of an agreement is not a single provision, but a series of provisions that are expected in “every agreement”. They are sometimes also referred to as the “lawyer’s provisions”. Many businessmen consider the boilerplate to be superfluous and, to some extent, window-dressing by the lawyers – even legalese. They will often offer advice to the effect that it can “pretty well be ignored”. Such advice could not be more wrong.Most boilerplate provisions are essential parts of every agreement. Some may be part of a “standard package” and may have little relevance to the agreement at hand, but these are the exception rather than the rule. The exceptions should not be treated as justification for giving all these provisions short shrift. The boilerplate should receive the same review, consideration, and negotiation as the provisions that set forth the business deal. It is often these provisions that make the deal work or that are turned to at the time of disputes. If they are inadequate, as they sometimes are (unfortunately, some draftsmen are also loath to review or update their standard boilerplate provisions or to tailor them to the deal at hand), they can create problems, rather than offer solutions. Such problems can be costly and time-consuming for the parties to address. Inadequate or incomplete provisions may ultimately be one of the reasons for the parties to turn to the courts to settle their differences. On the other hand, good boilerplate provisions can help keep them out of the courts.One of the principal objectives of an agreement should be to provide procedures, or mechanics, for implementing agreed principles and for the parties to follow to settle their differences, real or perceived, without going to the expense and disruption of a lawsuit. An agreement should aim to keep the parties away from the courts, not serve as a springboard to the courts. It must nevertheless be acknowledged that, if there is a major falling-out among the parties to an agreement, the chances are that, however carefully the provisions of that agreement have been negotiated and drafted, the parties will end up before the courts or some other adjudicating body."

Jan 1, 2003