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Part A: General Topics | 7. Reference to other Laws

This topic is often utilized to bring together all other laws that are implicated by the current law even when they are individually referred to, as applicable, in different sections of the law. This is important because it quickly alerts the law users to other laws that should be read in conjunction with the mining law. Examples of possible applicable laws to be referenced include company law, tax law, investment law, environmental law, labour law, land law and water law. Note that there are jurisdictions where court decisions may have binding effect similar to that of a legislative provision. However, such decisions are usually interpretations of existing law.

7. Example 1:

Article [_]

Unless otherwise specified in the applicable provision of this [Law][Act][Code], this [Law][Act][Code] shall be read and applied in conjunction with the following laws:

[Investment Law];

[Company Law];

[Regional Directive];

[Environmental Law];

[Land Use Law];

Annotation

This example demonstrates a simple and straightforward identification of other relevant laws. It also allows for thoroughness and clarity on what other laws are applicable to mining companies and any persons that are subject to the mining law. Investors find such references to relevant laws useful.

7. Example 2:

Article [_]

Without limitations upon [the preceding section] and unless specified in the applicable provision of this [Law][Act][Code], all laws or provisions of laws referred to in this [Law][Act][Code], shall constitute an integral part of this [Law][Act][Code] and any violations of such laws or provisions of laws shall be independently deemed a violation of this [Law][Act][Code].

Annotation

When this language is added to example 1, it seeks to enforce a stricter compliance environment that could result in the multiplication of violations under distinct laws. This language may be seen as good practice for promoting good conduct in the environment, labour, health and safety sectors as well as dis-incentivizing negligent, fraudulent or corrupt practices in the mining sector.