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    The VALMIN Code - the Australian experience

    "Valuation 1 Session"Mining Millennium 2000

    PDAC/CIM, 5-10 March 2000, Toronto, Canada.

    Michael J Lawrence, FAusIMM(CPGeo), FIMM(CEng), MMICA

    CEO & Chief Valuer, Minval Associates PtyLimited, Croydon, NSW, Australia, 2132

    Past President 1999, The Australasian Institute of Mining and Metallurgy

    ABSTRACT

    The VALMIN Code was developed and formally adopted by The Australasian Institute of Mining and Metallurgy

    (AusIMM) in 1995 and a revision was issued in 1998. The VALMIN Code applies to all relevant reports under theAustralian Corporations Law, including submissions to the Australian Stock Exchange (ASX) and the Australian

    Securities and Investments Commission (ASIC).

    The VALMIN Code and Guidelines sets standards for the preparation and commissioning of independent

    assessment and/or valuation reports on mineral and petroleum assets or mineral and petroleum securities.

    It is mandatory for AusIMM's members to follow this Code in these relevant circumstances and failure

    to do so will result in serious sanction of the member by the AusIMM's Ethics Committee. Public

    support for the use of this Code has been given by regulators (ASX/ASIC) and market participants (eg

    major accountancy firms). It is also endorsed as a guide to general best practice in project assessment

    and valuation.

    This paper will discuss how the VALMIN Code has worked in practice over the past few years. It will also

    examine areas where the Code could be improved and how it could form the basis of a new Canadian Code for

    mineral property valuation.

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    BACKGROUND ON THE VALMIN CODE (1998)

    History of the Development of the VALMIN Code

    The Australasian Institute of Mining and Metallurgy's (AusIMM) has provided leadership in the

    codification of best practice in the technical assessment and valuation of resource assets and securities

    by developing the VALMIN Code1; and in the public reporting of listed companies' exploration results

    and Resources/Reserves through the JORC Code2,. The VALMIN Code is the more recentdevelopment with a primary focus on all the aspects involved in the preparation of capital raising and

    merger/takeover documentation. Hence, its reach is wider with compliance with JORC being

    fundamental to establishing one's compliance with VALMIN.

    In a world where international competition for mineral exploration and development funds has

    intensified; and where such expenditure is increasingly made by global mining companies, many

    proactive jurisdictions are moving to establish regulatory regimes with a common fabric. The existence

    of common approaches to the proper reporting of exploration, development and mining results not only

    hastens the creation of a global minerals industry but it also facilitates the mobility of the technical

    professionals engages in that industry and maximised employment opportunities. Reliable and

    comparable reporting aids not only the market participants (particularly financiers), but also thoseresponsible for surveillance and equitable operation of the market in the public interest.

    The Australian Corporations Act 1989 (which came into effect from 1 January 1992) virtually

    abandoned the various clear-cut Guidelines that had been issued previously by the National Companies

    and Securities Commission (NCSC) for the valuation of mineral assets. It signalled a changed

    governmental view, with a retreat from "black letter law" in favour of self-regulation and devolution of

    various responsibilities to the relevant professional body (like AusIMM). NCSC Release 149 dealt with

    minimum standards for the preparation of Expert Reports concerned with mineral and petroleum

    resources securities and other assets, particularly best practice in the area of technical auditing and

    resource asset valuation. Whilst Release 149 was not formally adopted by the NCSCs successor

    organisation, the Australian Securities and Investments Commission (ASIC; formerly the Australian

    Securities Commission), ASIC regarded it as "highly persuasive but not binding" on valuers.

    The Mineral Valuation Committee first met on 5 April 1991 to produce a replacement to NCSC

    Release 149 - the VALMIN Code. Committee membership was drawn from AusIMM, Mineral

    Industry Consultants Association (MICA), Australian Institute of Geoscientists (AIG), ASIC,

    Australian Stock Exchange (ASX), Minerals Council of Australia (MCA), Petroleum Exploration

    Society of Australia (PESA), and Securities Institute of Australia (SIA). The author, its current

    Chairman (after being AusIMM Council's Representative since its inception in 1991), contributed

    significantly to the generation of the VALMIN Code and its promotion worldwide.

    1 VALMIN Code (1998). Code and Guidelines for Technical Assessment and/or Valuation of Mineral and Petroleum

    Assets and Mineral and Petroleum Securities for Independent Expert Reports (and Aide Mmoire to Assist in its

    Interpretation), issued by the Mineral Valuation Committee of The Australasian Institute of Mining and

    Metallurgy (AusIMM), February, 23p (AusIMM: Melbourne).

    2 JORC (1996). Australasian Code for Reporting of Identified Mineral Resources and Ore Reserves, issued by the Joint

    Ore Reserves Committee (JORC), comprising AusIMM, AIG and MCA, July, 19p (AusIMM: Melbourne). Its

    16p revision, JORC Code (1999), took effect from 1 September 1999 for AusIMM Members and it will be

    incorporated into the ASX's Listing Rules from 1 July 2000.

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    Its task is the development of best practice dealing with the technical assessment and valuation of

    mineral assets and securities for inclusion in Independent Expert/Specialist Reports (Reports) that are

    required under the Corporations Law. The first edition (VALMIN, 1995) was issued in June 1995

    (after adoption by Council on 17 February 1995) and it applied to all relevant Reports, dated on or after

    1 July 1995, that were prepared by Corporate and Company Members of AusIMM.

    The current version, VALMIN Code (1998), is a revision that is based upon the experience gained

    over the previous three years and its scope has been widened to include petroleum assets and

    securities (crude oil and natural gas). This updated version was approved by AusIMM's Council on 22

    November 1997 and it was issued in February 1998. It applies to all relevant Reports issued on or after

    1 April 1998 by AusIMM Members, with compliance with it remaining mandatory in appropriate

    circumstances. See Lawrence (1998b and f) for assistance with its interpretation.

    Lawrence (1989a) described the pre-VALMIN Expert Report regulation era in Australia. Hein (1994)

    provides the regulator's view (ASIC) of the usefulness of the VALMIN Code (1995) just prior to its

    formal introduction and Lawrence (1995b) dealt with its introduction. Lawrence (1998f), Lawrence

    (1999) and Cole (1999) dealt with the introduction of the VALMIN Code (1998) from the originator's

    perspective. Ellis (2000) discusses the problems using VALMIN in the US -context.

    Outline of Main Changes to VALMIN Code (1995)

    A thorough review of the original VALMIN Code (1995) was undertaken in 1996/97, by a task force

    (under the leadership of the author and J Kelly), to identify and rectify any unintended consequences or

    shortcomings in it after it had been in operation and to include crude oil and natural gas within its

    coverage. Other tasks were the correction of spelling; improvement of cross-referencing; re-

    numbering of paragraphs; updating of ASIC/ASX references; and the introduction of prefixes to

    paragraph numbers for clarity. The four pillars upon which the Code rests were retained

    (Transparency, Materiality, Independence and Competence). However, practitioners seemed to have

    major problems with the Transparency requirement (and still do so today).

    Other text changes were made to provide clarification of the intent of certain paragraphs, to remove

    unintended consequences or to be more specific. An important example of this work was to ensure that

    "must" and "should" were used in all appropriate places (see also below). Another was to ensure

    that the term "geologist" (not "geoscientist") was used in appropriate places within the VALMIN

    Code, to be consistent with AusIMM's Chartered Practising Status initiative's definitions. Also, the

    paragraph dealing with sources of information quoted in the Report and the necessary consents

    involved was expanded to make sure that full texts of relevant Specialist's Reports (where appropriate)

    are included in the main document published as the Independent Expert Report. AusIMM expects

    those members, whose work is to form part of a Report which is significantly below VALMIN

    standards (irrespective of whether or not the author of the other Report is an Institute member and

    bound to follow VALMIN), to withhold their consent until it does. The Ethics Code is the mechanism

    to enforce this approach.

    It was important to better explain that the VALMIN Code applied to both Technical Assessment and

    Valuation Reports (ie, all relevant Independent Expert/Specialist Reports), but only to those that are

    required under the Corporations Law. For example, it is not restricted solely to Technical

    Assessment Report prepared for a valuation, but it would apply also to any Technical Assessment

    Report in a Prospectus that did not include a valuation. Equally, it does not apply to internal company

    technical assessments and/or valuations. In time, it is hoped that the voluntary use of the Code will

    increase as it gains greater stature and industry acceptance in the market place and at law.

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    This is where responsible and informed media and brokers/analysts fulfil their proper role, otherwise

    they become part of the problem not the solution.

    The author has long favoured the recommendations of the Canadian MSTF on tightening controls on

    brokers/analysts and those manipulators of the media. They should be made accountable for

    conducting doing their own due diligence before they uncritically use company releases.

    A similar problem exists with the gross misuse of inputs in a particular valuation method. Whilst it is

    annoying to see such shoddy work, it is still better for the market to assess it as incompetent, rather that

    opt for a system that is too specific about what methods must be slavishly followed. That said,

    AusIMM is reviewing recent breach-of-ethics cases and examples of materially poor valuation practice

    so that it can publish guidelines on unacceptable valuation practice in a compromise move.

    Also, the Code is not mandatory for use by anyone other than members of AusIMM. Hence, if a party

    wished a valuation (even for a merger/takeover or capital raising purposes) many have concerns that it

    could be legally done without following the VALMIN Code. This would be an uncommon event, since

    the market expects such valuation reports in these situations to be by Institute members and according

    to the VALMIN Code, which has been publicly endorsed by many influential parties (such as by ASX,

    ASIC, major accounting firms, shareholders' and directors' associations, etc). However, it is something

    that warrants attention by the Australian regulators.

    Any system will only work if it is logical and reasonable. More importantly, it must be considered so by

    the majority of market participants (eg, companies, financiers, consultants, regulators and the public).

    They must all play their part as responsible "whistle-blowers" when shoddy practice is detected.

    Unfortunately a certain percentage of market players thrive on questionable behaviour by some

    technical professionals. It is our problem to fix - not one for governments.

    DUE DILIGENCE ASPECTS OF THE VALMIN CODE

    Essentially, all material aspects of the project must be described and assessed as part of a due-

    diligence review. This is best done after a site visit has been made. However, the detail required and

    the approach adopted must reflect the stage to which the project has been developed and the risk

    definition needs of the funds provider. Simply put, under VALMIN, an assessment/valuation Report

    must contain all information (whether technical, financial or administrative/legal) that investors and their

    professional advisers reasonably require (and could reasonably expect to have made available) before

    making any decision to deal in the relevant securities or asset.

    It will not matter whether it is subject of an acquisition (or takeover/merger/strategic alliance), a

    disposal, or a capital raising (IPO4

    or otherwise). This principle should also apply whether or not a third

    party provides debt or equity for the transaction that requires the valuation. Also, it should apply

    whether or not such a Report is required by law, simply because it is good business practice.

    All data should be reviewed from an independent viewpoint by reputable competent (qualified and

    experienced) professionals. They must be examined to establish that they are reasonable in the

    circumstances that apply to the project under review and whether it is reasonable to use these data as

    inputs. Always, there will be a trade-off between the additional cost and time involved in establishing

    with absolute certainty that all is well through a due diligence study and the acceptability of the

    remaining potential risk.

    4 IPO - Initial Public Offering, a float or Prospectus issued in connection with capital raising.

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    Any conclusions made must be supported by showing the workings and identifying the assumptions

    used (to ensure transparency and ease of understanding, or checking by others).

    One must be always alert for "red flags"5., by checking the available project information, either from

    documentation to hand, or by interrogating the parties involved, and confirming that it is consistent with

    reliable information available from other sources. The quality of disclosure to investors and the market

    involves a chain of parties, all of whom must properly play their part for the system to work. The

    issues are mainly technical in nature, but legal issues of land tenure and access, and the equitableinterest actually held in a project, are just as important. The participants in the chain, who are

    responsible for exercising varying degrees of due diligence when confronted by incomplete, confusing

    or contradictory data and information, are:

    exploration and mining companies (directors, officers and employees, as well as technicaland legal consultants), who are responsible for the timeliness, thoroughness and accuracy

    of the material data and information disclosed orally or in written form (in Press Releases,

    on the Internet, or in Annual and Quarterly Reports), ie so it is easily understandable,

    complete, accurate and true and it is not misleading in any way;

    promoters, brokers, analysts and investment advisers, who are generally responsible forauthenticating, interpreting and disseminating these data and information to investors in thepublic arena, according to its suitability; and

    investors themselves (whether a mutual fund/financial institution or private investor), whomust take some responsibility for their investment decisions, based on their own financial

    circumstances.

    Conducting a documented, timely and material, systematic checking process of the relevant data in

    accordance with a set system of procedures monitored by an appropriate supervisory mechanism (due

    diligence study) achieves two important goals. Firstly, the information used in the assessment/valuation

    is more likely to be complete, accurate and true, producing better quality Reports and results, which is

    obviously good business practice. Secondly, in today's increasingly litigious world, one may be able to

    limit one's personal liability for any deficiencies in the work. Technical professions are often unaware

    that any material defect, whether direct or indirect, can result in civil or criminal proceedings that place

    personal assets at risk and even may involve imprisonment.

    Thus, if a due diligence process is followed, then all parties involved should be in a position to prove that

    they took reasonable precautions to ensure compliance with the law and that there had been adequate

    checking of the data, which minimising their liability (the due diligence defence). However, the

    foundation of such a defence is that a reasonable degree of skill, care and diligence can be

    demonstrated. The use of outside technical auditors is a useful way to demonstrate independence in

    the process, besides "bulletproofing" directors from liability claims (Vaughan, 1997). For more details

    on personal liability and due diligence issues see also Lawrence et al (1992), Sharwood and Seymour

    (1994), Williamson-Noble and Lawrence (1994) Lawrence (1995a), Lawrence (1996), Lawrence et al(1996), Lawrence (1997a and b) and Lawrence (1998a). Christensen (1997) outlines the Australian

    and Canadian regulatory and legal frameworks, within which valuation practice should be viewed.

    5"Red flags" are defined by the author as those adverse data and information that it is reasonable to assert

    resource professionals would have had to take cognisance of when carrying out their work in a professional

    manner and in accordance with best practice in existence at the time. See Lawrence (1998e) in the context of

    the Busang fraud.

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    Although this paper has an Australian focus, the above comments clearly have relevance project

    assessment and valuation no matter what country the project is in and whether or not the project

    belongs to a listed company (being also irrespective of the country of origin of the stock exchange).

    The early 1997 exposure of the Indonesian Busang gold fraud, involving the Canadian-listed Bre-X

    Minerals Limited (Bre-X), focused attention once again on the constant need for effective and truly

    independent periodic due diligence at relevant stages of a project's development, since effective third

    party technical assessment is the foundation of any acceptable valuation.

    INTERNATIONAL ACCEPTANCE AND ENDORSEMENT OF VALMIN

    A major breakthrough for the revised VALMIN Code (1998) has been the widespread support it has

    received in Australasia, particularly from the key players involved in the commissioning and preparation

    of Reports required under the Corporations Law. However, it is not yet mandatory for all. However,

    pressure is increasing on Australasian regulators.

    In the wake of the Bre-X/Busang debacle and in the light of the growing international acceptance of

    the JORC Code, overseas countries have been seriously examining the VALMIN Code to see if they

    can improve their corporate governance regime and ensure adequate public disclosure in the

    assessment and/or valuation of mineral properties. Also see Baker (1997); Lawrence (1997c),Lawrence (1998a, c, d, e, g and h) and Lawrence (2000a and b); Grace (1998); and Spence (2000).

    Canada

    The discovery of the Bre-X gold salting scandal in early 1997 was the trigger for the formation of the

    Mining Standards Task Force (MSTF) by the Toronto Stock Exchange/ Ontario Securities Commission

    (TSE/OSC) on 28 July 1997. The MSTF's task was to recommend new best practice standards for

    mineral exploration and mining companies as to how exploration programmes should be conducted and

    how the results obtained should be reported and certified.

    The main recommendations of the MSTF Report (TSE/OSC Mining Standards Task Force, 1998)6

    were the creation and recognition of a "Qualified Person"7; of a code for estimating, classifying and

    reporting Resources/Reserves8,; of a manual of exploration and field best practices; of measures to

    improve the design, implementation and assessment of exploration and development programmes;

    accreditation of assay laboratories and improvement of the reliability of their results; better and more

    timely disclosure of exploration results to the public, involving independent reporting and verification of

    6 The proposed new standards and outline of the new requirements for mining company listing on the TSE are

    outlined in the 141 page MSTF's Final Report (TSE/OSC Mining Standards Task Force, 1999) which was released

    on 2 February 1999. The MSTF Final Report is an improvement on its Interim Report (released in June 1998), forwhich credit must be given to the MSTF.

    7 A "Qualified Person" must be an individual engineer, geologist, geophysicist or other geoscientist who has at

    least three years of appropriate experience in mineral exploration, mine development, operations or

    assessment and who is a member in good standing of a recognised professional association. The Australasian

    approach is to require the analogous individual "Expert/Specialist (or "Competent Person" in JORC context)

    to have 5 years of relevant experience to enhance accountability and responsibility.

    8 Resources and Reserves terminology was supposed to be according to the Ad Hoc Committee Report of the

    Canadian Institute of Mining, Metallurgy and Petroleum, published in September 1996 (similar to that used in the

    JORC Code), but this is not finalised to date.

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    data; better corporate governance and better broker/analyst reporting and ethical standards; as well

    as greater investor education.

    During 1995, the OSC started reformulating as rules the legislative parts of its National Policies (NP)

    2-A9

    (terminology and contents required in a mineral property report) and NP2210

    (additional disclosure

    guidance). The result, which benefited from the MSTF recommendations, was the Proposed

    National Instrument 43-101 and Companion Policy 43-101CP (including NIN#98/36, collectively

    the Proposed NI, Standards of Disclosure for Exploration, Development and Mining

    Properties). It was released by the Canadian Securities Administrators (CSA)11

    on 2 July 1998 for

    comment by 30 October 1998. The Proposed NI, planned for release sometime in 2000, will take the

    form of a rule, regulation or policy, depending upon the jurisdiction. Obviously, the more stringent the

    requirement, the better for those wanting proper disclosure.

    It is accepted that the final NI will contain such matters as the required terminology in respect of

    resources/reserves; the contents required in a written or oral report on a mineral property; provisions

    related to the requirement to file a report; specification of the qualifications of the person(s) on whose

    work the disclosure is based or who authored such reports; and stipulation of when it is necessary to

    obtain an independent report.

    Whilst the Canadian regulators have put their own slant on the best way forward for the newmillennium, it is gratifying to note that much of their thinking has been influenced by the experiences of

    other jurisdictions, like Australia. The TSE/OSC and MSTF have shown considerable understanding of

    the problems by recommending the difficult but necessary changes to bring Canada up to world best

    practice. The Canadian legislature need the same courage because the MSTF's Recommendations

    have yet to be all adopted nationally into enforceable laws.

    The Canadian Institute of Mining, Metallurgy and Petroleum (CIM) is presently working on the

    development of its own VALMIN-style Code (? CIMVal), which will build on the MSTF model. The

    CIMVal Committee's main task seems to be providing technical input into the valuation methodologies

    to be acceptable to the regulators. This path is fraught with difficulties in the author's view, given

    Australian experience.

    It is a far better system, philosophically, to avoid the "recipe book" approach and leave the mechanics

    to the professional judgement of the QP (Expert/Specialist). As discussed above, there is still a need to

    identify and expose unacceptable valuation practice, but a vigorous Ethic Committee which relies upon

    technical judgement by your peers is infinitely more desirable (in the author's opinion) that a codified

    bureaucratic system.

    Indonesia

    It is also noted that Indonesia plans to introduce accreditation of technical professionals (both

    Indonesian and expatriates). This is partly in response to the Busang scandal, but also because it is

    timely to do so in a global context. AusIMM signed Memoranda of Understanding with IMA

    9NP2-A: the 1983 National Policy, Guide for Engineers, Geologists and Prospectors Submitting Reports on Mining

    Properties to Canadian Provincial Securities Administrators.

    10NP22: the 1971 National Policy, Use of Information and Opinion re Mining and Oil Properties by Registrants and

    Others.

    11 CSA is an ad hoc national association of the securities regulatory bodies of the ten provincial and two

    territories of Canada.

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    (Indonesian Mining Association) in 1991 and PERHAPI (Association of Indonesian Mining

    Professionals) in 1998. ,Hence, AusIMM is providing both IMA and PERHAPI, as well as the Bursa

    Efec Surabaya (Surabaya Stock Exchange), with information on its approach to

    accreditation/registration of its geologists, mining engineers, metallurgists and environmental

    scientists/engineers; and with advice on how they could adopt appropriate aspects of the VALMIN

    and JORC Codes for their own use.

    COMMENTS ON PREFERRED AUSTRALIAN VALUATION METHODOLOGY

    It has been stated already that the selection of an appropriate method is the domain of the

    Expert/Specialist in the context of the VALMIN Code. However, the actual method(s) chosen depend

    primarily upon the availability of information about the mineral property. In essence, Income Methods

    (eg DCF/NPV modelling and its variants) are preferred for properties at an advanced stage of

    development or in operation. Exploration properties are valued by methods which are relatively much

    more subjective. Especially see Lawrence (1994) for an overview of Australasian methods of valuing

    exploration properties as well as specific papers in the VALMIN '94 Volume12

    .

    Cost Methods (eg Joint Venture Terms Method or Multiple of Exploration Expenditure Method) are

    generally preferred over Market Methods (eg Comparative Sales) or Yardstick/Rules-of-Thumb

    Methods (which are usually derived from mineral property transaction databases).

    In malevolent hands all methods can be manipulated to be a form of financial engineers. Sometimes,

    methods are accidentally misused or contain errors of logic. See Lawrence and Dewar (1999) and

    Lawrence (2000a) for examples.

    North America seems to have developed a penchant for the real estate approach using comparable

    sales. This is mainly a problem when there is not a deep, well informed market. Such methods should

    not be considered a priori to be superior t other methods because they are just as subjective.

    CURRENT UNRESOLVED ISSUES IN AUSTRALASIA

    Although the JORC Code is already incorporated in the ASX's its Listing Rules, there is much more yet

    to be done with the VALMIN Code and related matters.

    Firstly, the ASX must quickly move to incorporate the VALMIN Code (1998) into the Listing Rules.

    The already expressed strong support for the use of the VALMIN Code by regulators, major

    accounting firms, shareholders' and directors' associations is gratifying, but its use should be formalised

    in legislation (especially to require compliance with it by merchant bankers and brokers/analysts).

    Next, it must adopt the US Gold Institute's methods of calculating and reporting gold production costs

    (as well as develop methods for other commodities as soon as possible with the help of AusIMM).

    ASIC must move to require similar formal clarification of the role of securities firms and analysts asproposed by the TSE/OSC, especially in the area of formal standards of professionalism and

    supervision of mining analysts (see also above). They must be required to conform to the VALMIN

    Code and be required to distinguish in their research reports between what is their opinion and what is

    data supplied by the company and used uncritically by them. Companies, themselves, must be

    proactive in ensuring that they correct the disclosure of any misleading information by others. Also,

    12 Mineral Valuation Methodologies 1994 (VALMIN '94), No 10/94, Sydney, October (Australasian Institute of

    Mining and Metallurgy: Melbourne).

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    ASIC's market fraud units must be expanded in size, funding and scope to better coordinate between

    the various other regulatory surveillance, compliance, investigation and prosecution bodies in respect of

    mineral companies and their associated advisers and promoters. They must recruit relevantly trained

    and accredited technical professionals to assist in this work.

    CONCLUSIONS

    These small changes outlined above will make Australia's system more directly comparable with thepromising intended TSE/OSC scheme.

    The strength of the VALMIN Code (1998) lies in its clear demand for transparency in reporting the

    valuation process and the fact that is does not (like JORC) get bogged down in the minutiae of how the

    valuation must be done. This may encourage excessive "innovation" at times, but it is more responsive

    to the market this way. However, there is no simple single way to stop another Busang fraud.

    Regulators worldwide need to do more than simply embrace the Australasian VALMIN and JORC

    Codes and their Expert/Competent Person concepts, or analogues of them.

    No one country has all the answers as to how investors can be protected from excessive promotional

    behaviour (even fraud), yet be kept informed in a timely way. Some, like Australia, have a political and

    administrative history that produced some natural advantages in the fight against unscrupulous

    promoters and even criminal activity. They are: one language; a national securities regulator; a

    national stock exchange; and a national single institute of mineral industry professionals with effective

    ethical sanctions and best practice due diligence codes (JORC and VALMIN) in place, as well as a

    national scheme of self-regulatory accreditation/registration of its technical professionals.

    Australia's present system relies upon supervision of the technical professionals by AusIMM, in both

    technical and ethical contexts (See Lawrence 2000b). For its part, AusIMM, happily fulfils this role.

    However, it has not the time nor financial resources to do so forever. Also, AusIMM is always ready

    to negotiate mutual recognition protocols with relevant national overseas professional bodies in

    appropriate disciplines, anywhere in the world to play its part in facilitating the global mobility of its

    Members. The problem is the difficulty in locating a single equivalent kindred body in many foreignjurisdiction with national coverage of all the disciplines and an enforceable Ethics Code.

    Canada, for example, has had a number of recent mining frauds on its various stock exchanges13

    .

    Hence, the rapid response of the TSE/OSC (and its MSTF) to the Bre-X challenge is to be highly

    commended because its current approach containing many useful lessons for all jurisdictions.

    Australia, should not become complacent as the global mining scene continues to evolve. Australia has

    much to do to keep up with the latest Canadian initiatives.

    REFERENCES

    BAKER, R, 1997. Disclosure averts foreclosure - a stock meltdown in Canada could help make Australia a world

    centre for resource shares, The Bulletin, 6 May, pp 38-40.

    CHRISTENSEN, PJ, 1997. Corporate and securities regulation in relation to companies (including mining

    companies) in Australia, in Proceedings of World Gold '97, pp 239-248, Singapore, 1-3 September, 28p

    (Australasian Institute of Mining and Metallurgy: Melbourne).

    13Josh gold deposit in Nevada, USA (Delgratia Mining Corporation); Stenpad gold deposit in Ghana (Golden

    Rule Resources Limited); Alberta-listed Naxos Resources ; Timbucktu Gold Limited's gold deposit in Mali,

    Africa; and Vancouver-listed New Cinch Limited's gold property in Texas, USA.

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    COLE, NH, 1999. The risks in Experts' Reports: a valuer's perspective (VALMIN Code compliance checklist), in

    Proceedings of 23rd Annual Australian Mining and Petroleum Law Association Conference, Sydney, 28-30

    July, 13p (AMPLA: Sydney).

    ELLIS, TR, 2000 Lessons learned about standards from applying both VALMIN and USPAP on a complex

    appraisal project. Preprint of a paper presented to SME Annual Meeting Valuation Session, Salt Lake City,

    USA, 28 February to 4 March 2000, 7p

    GRACE, KA, 1998. Setting new standards for the Canadian Mining Industry and listing mining companies on the

    Toronto Stock Exchange, Proceedings of Mining Indonesia 1998, Indonesian Mining Investment Summit -Tomorrow's Wealth, Today's Challenge, Jakarta, 3-5 March, 5p (IMA/PERHAPI: Jakarta).

    HEIN, J, 1994. The regulator's view of the valuation of mineral assets in expert reports, in Mineral Valuation

    Methodologies 1994 (VALMIN '94), No 10/94, Sydney, October, pp 287-292 (The Australasian Institute of

    Mining and Metallurgy: Melbourne).

    LAWRENCE, MJ, 1989a. Expert reports: recent developments in the regulation of resource project valuation and

    reporting of Mineral Resources/Ore Reserves, in Proceedings IIR Gold '89 Conference, Sydney, December, 19p

    (IIR: Sydney).

    LAWRENCE, MJ, 1995a. Personal Liability - Chartered Practising Status and best practice defences for Pacrim

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