Displaying items by tag: Supreme Court

Pakistan: The Supreme Court has granted a two-week stay to cement producers, suspending a recent ruling that required higher royalty payments on limestone. Earlier, the Lahore High Court had ordered producers to pay royalties based on 6% of the ex-factory price of cement or clinker. Producers argue that the levy is ‘disproportionate’ and intend to contest the case fully in the next hearing.

Sweden: Cementa says that the decision by the Supreme Land and Environmental Court to reject its renewal application to continue mining limestone at its quarries in Gotland will create a ‘crisis’ for consumers in the autumn of 2021. The quarries supply its integrated Slite cement plant. The producer said that the ‘majority’ of Swedish cement production could cease in November 2021 following the expiry of the current licence in October 2021.

“We are seriously concerned but also surprised by the court's ruling today,” said Magnus Ohlsson, the chief executive officer of Cementa. “Limestone has been mined in Slite for over 100 years, which has built up a huge knowledge bank about how the business affects the surrounding environment. Our application is solid and clearly shows that it is possible to conduct a continued sustainable limestone mining in the area. We must go through the decision carefully and then set up the strategy for how we will handle the situation,” He added, “For Sweden, our customers and for us and our employees, it is important that political decision-makers and authorities quickly draw up new guidelines for how the supply of critical building materials such as cement and concrete should work.”

The subsidiary of Germany-based HeidebergCement originally received clearance in 2020 to renew its mining operations at the site until 2041. However, this was subsequently challenged. The current decision by the Supreme Land and Environmental Court was reached as they said they had insufficient evidence to assess the environmental impact of the application.

Australia: The Queensland Supreme Court has ruled that Wagners must meet lower prices offered by a competitor in the market in its cement supply contract with Boral. Wagners suspended its supply of cement products to Boral for six months in early 2019 when Boral said it found cheaper cement from Cement Australia, according to the Australian newspaper. However, the court found that an October 2019 pricing notice for cheaper supplies from Cement Australia was ‘valid and effective’. Boral will continue buying cement from Wagners until 2031.

Energy costs for cement producers in India are set for volatility following the Supreme Court's decision this week to cancel the vast majority of allocated coal blocks. After ruling that the allocation process by the Indian government was illegal and arbitrary the court stopped 214 out of 218 coal blocks. The affected operators working on the blocks have six months until 31 March 2015 to wind down production. At this point the government intends to auction off the blocks.

The background to this decision lies in the so-called coal allocation scam or 'Coalgate.' Over 80% of coal in India is produced by the state owned company Coal India. Since 1993 though the Indian government has been allocating coal blocks or leases to mine coal for captive use by industries such as cement, steel and power generation.

However, the allocation process was accused of lacking transparency compared to an open bidding process. The Comptroller and Auditor General of India estimated the loss to the government was an incredible US$30bn. The allocation process received further scrutiny as Indian coal imports rose leading to accusations of inefficiency on the Coal India side and corruption on the coal block side. Meanwhile, major power cuts such as those in the summer of 2012 focused both domestic and industrial users' minds on the state of the country's coal industry.

Following the power cuts in 2012, an inter-ministerial panel recommended the de-allocation of two coal blocks held by five companies, including Gujarat Ambuja Cement, Grasim Industries and Lafarge India.

India's coal imports started to increase rapidly around 2009 with an annual growth rate of around 5% and a demand growth of 25% from 2009 – 2014. The majority of its imported coal comes from Indonesia, Australia and South Africa. In 2012 its coal imports were over 150Mt.

With Indian cement producers facing production overcapacity and falling profit margins in recent years, any disruption to input costs such as power is bad news. The growing import rates point to an increasing supply-demand mismatch. A more open process for the allocation of India's vast coal reserves should be good news for industrial users in the medium to long term. However, in the meantime they may face a jolt.