Johannesburg Branch SAIMM ROGER DIXON CHAIRPERSON SSC SAMREC/SAMVAL COMMITTEE 17 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 •2 ND 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. Framework for Reporting EXPLORATION RESULTS Increasing MINERAL RESOURCES MINERAL RESERVES level of Reported as in situ Reported as geoscientif ic mineralisation mineable production know ledge estimates estimates and conf idence INFERRED INDICATED PROBABLE MEASURED PROVED Consideration of mining, metallurgical, economic, marketing, legal, environmental, social and governmental f actors (the 'modif ying f actors') Figure 1 Relationship between Exploration Results, Mineral Resources and Mineral Reserves Competent Person/Valuator 1. Membership of Professional Organization with enforceable Code of Ethics SAIMM GSSA SACNASP ECSA PLATO SAICA 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 JSE/SSC ROPOS Australasian Institute of Mining and Metallurgy Australian Institute of Geoscientists Canadian Council of Professional Geoscientists European Federation of Geologists AusIMM AIG CCPG EFG The Geological Society GS Institute of Geologists of Ireland IGI Institute of Materials Minerals and Mining IMMM Mining and Metallurgical Society of America MMSA Society for Mining Metallurgy and Exploration SME 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! SAMREC AND SAMVAL CODES Commodity Boom-Financial Crisis The operating environment Market Cap Resources Value of the Global Resources Industry 1600 1400 Market Cap - US$(Bn) 1200 Industry - US$1,459 Bn Top 5 Companies - US$474Bn 1000 800 600 400 200 0 Jun-01 Jun-02 Jun-03 Jun-04 Industry Jun-05 Jun-06 Top 5 Mining Companies Jun-07 Jan-09 Sep-09 Top ten September 2009 Top ten mining companies per Market Cap USD bn, Sep 2009 180 160 159.71 140 120 100.66 100 92.15 75.74 80 60 46.62 42.77 40 39.42 33.5 29.13 29.12 Goldcorp NMDC 20 0 BHP Billiton Vale Rio Tinto Shenhua Suncor Anglo American Xstrata Barrick 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 Prefeasibility 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 final decision 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] Price volatility - platinum Price volatility - copper Price volatility - uranium 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! Mmamabula energy project – Revised estimate A capex blow-out, which more than doubled the estimated project cost of NovaGold initial estimate US$6bn US$16bn 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. Anvil Mining project – estimate US$257m initial Galore Creek project – initial estimate US$2.2bn Revised estimate Source: mineweb.com US$380m 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!! www.crirsco.com 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