JohannesburgBranch SAIMM ROGER DIXON CHAIRPERSON SSCSAMREC/SAMVAL COMMITTEE17 SEPTEMBER 2009 The South African Museum of Military History
Agenda • Brief introduction to regulatory codes in SA • Principles – competent person/valuator • Current operating environment • Some challenges • International Activities
SAMREC CODE the SOUTH AFRICAN CODE FOR THE REPORTING OF EXPLORATION RESULTS, MINERAL RESOURCES AND MINERAL RESERVES • First published March 2000 • 2nd edition JULY 2007 Minimum standards for public reporting
SAMVAL CODE THE SOUTH AFRICAN CODE FOR THE REPORTING OF MINERAL ASSET VALUATION • Mineral Asset - Any right to explore or mine (or both) that has been granted or entity holding such property or the securities of such an entity. • Published April 2008 The Code sets out a required minimum standard for the Public Reporting of Mineral Asset Valuation.
Public Report • Reports prepared for investors or potential investors • Annual Reports • Quarterly Reports • Info Memos • Websites • Public Presentations • SENS
PRINCIPLES Materiality: Relevant information for a reasoned decision. Transparency: The reader of a Public Report must be provided with sufficient information, the presentation of which is clear and unambiguous, to understand the report and not be misled. Competency: The Public Report is based on work that is the responsibility of suitably qualified and experienced persons who are subject to an enforceable Professional Code of Ethics.
Competent Person/Valuator 1. Membership of Professional Organization with enforceable Code of Ethics SAIMM SAICA GSSA SACNASP ECSA PLATO
Competent Person/Valuator 2. Competent Person Minimum 5 (five) years experience relevant to style of mineralization and type of deposit and to the activity undertaken 2.Competent Valuator Sufficient relevant experience
Competent Person/Valuator Team approach allowed but leader signs off. NB. Satisfied in own mind able to face peers and demonstrate competence in the commodity, type of deposit and situation.
Disciplinary Procedure • Complaints in writing to SSC • Ethics Committee decides whether complaint is valid • Referred to Professional Organization for discipline
ROPOS Recognised Overseas Professional Organization • Reciprocity • Securities Exchange
Compliance Monitoring • Codes incorporated into JSE Listing Requirements – Section 12 • Strong links with JSE • Readers Panel, experts in their field • Remunerated by JSE Prevention better than cure!
Commodity Boom-Financial Crisis The operating environment
Pre -feasibility SAMCODE – Pre-feasibility Study • A comprehensive study of a range of options for the viability of a mineral project that has advanced to a stage where the preferred mining method, in the case of underground or the pit configuration in the case of an open pit has been established and where an effective method of mineral processing has been determined. • It includes a financial analysis based on realistically assumed assumptions of technical, engineering, operating, economic factors and the evaluation of the other relevant factors • Which are sufficient for a Competent Person, acting reasonably,to determine if all or part of the Mineral Resource may be classified as a Mineral Reserve. • The overall confidence of the study should be stated. A Pre-feasibility Study is at a lower confidence level than a Feasibility Study
Feasibility Study • A comprehensive design and costing study of the selected option for the development of a mineral project. • Realistically assumed geological, mining, metallurgical, economic, marketing, legal, environmental, social, governmental, engineering, operational and all the other modifying factors, • Demonstrate at the time of reporting that extraction is reasonably justified (economically mineable) and • the factors reasonably serve as the basis for a finaldecision by a proponent or financial institution to proceed with, or finance, the development of the project. • The overall confidence of the study should be stated.
Reasonable? • Commodity price volatility • Fluctuating exchange rates • Rampant escalation in selected areas • Lack of technical capacity • Cost over-runs • Lack of infrastructure capacity • Pressure from clients
Reasonable What the majority of people consider to be 'reasonable' is that about which there is agreement, if not among all, at least among a substantial number of people; 'reasonable' for most people, has nothing to do with reason, but with consensus.“ [Erich Fromm]
Cost over-runs "The huge Mmamabula project is in trouble," she said, referring to rising construction, equipment and project management costs. "It was estimated originally at 6 (billion dollars) two years ago, it went up to 9 and now is at $16 billion.“ Source: mineweb.com
Project schedule Froneman stepped down as CEO at that stage, to be replaced on an interim basis by Jean Nortier, who was confirmed this week as CEO, just as Dominion's "pre-commercial" uranium oxide output projection for this year was again cut, this time to 0.32m lbs, some 89% less than Froneman's original projection of 2.8m lbs. Source: mineweb.com
Project over-runs LITIGATION! A capex blow-out, which more than doubled the estimated project cost of NovaGold Resources' Galore Creek project, is the subject of a shareholder class action lawsuit filed against the Vancouver junior gold miner. The lawsuit was filed in the U.S. District Court for the Southern District of New York on behalf of plaintiff Rudolph T. Textor and all purchasers of securities of NovaGold Resources from October 25, 2006, through November 23, 2007. Source: mineweb.com Mmamabula energy project – initial estimate US$6bn Revised estimate US$16bn Anvil Mining project – initial estimate US$257m Revised estimate US$380m Galore Creek project – initial estimate US$2.2bn Revised estimate US$5bn
Litigation • Contrary to the Defendants' representations, the Company had failed to make reasonable estimates as to capital expenditures necessary to mine Galore Creek, which were underestimated by more than $3 billion. • The development of Galore Creek was not proceeding on schedule and was a year and a half to two years behind schedule; • The results of the Hatch Feasibility Study announced on October 25, 2006 materially understated the capital costs and construction schedule required to successfully mine the Galore Creek site; • Defendants knew but failed to disclose that the Hatch Feasibility Study was not a ‘Bankable Feasibility Study.'
Solution • Compliant terminology • Ensure all modifying factors are covered • Develop standards for levels of study • Confidence levels? Above all TRANSPARENCY!!
CRIRSCO CRIRSCO MEMBERS Australia: JORC Code Canada: NI 43-101 + CIM Standards Chile: The Code for the certification of Exploration Prospects Mineral Resources and Ore Reserves Europe and UK: PERC Code, The Reporting Code South Africa: SAMREC Code United States: SME Guide for Reporting Exploration Information, Mineral Resources and Mineral Reserves. SEC Industry Guide 7
Disconnects • UKLA and CESA not linked to Professional Body • Recognize several Reporting Codes • SEC not linked • Have moved on oil and gas • Resources not recognized • Competent Person not recognized • Prescriptive on Prices
CRIRSCO Potential new Members: China Indonesia Mongolia Peru Philippines Russia
CRIRSCO CRIRSCO • International reporting template • Harmonising reporting systems for both solid minerals and hydrocarbons. • Acceptance by IASB of CRIRSCO definitions. • UNECE Classification Framework Revision expected October 2009
WEBSITE ALL SLIDES WWW.SAMCODE.CO.ZA