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Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
Provide an overview of the mining industry in your country. What significance does the mining industry have as a component of the national economy?
Describe the legal and regulatory framework. What laws establish and grant authority to the mining authorities?
Describe the investment regime (specifically or generally) applicable to foreign company involvement in mining projects.
Is your country a party to international investment treaties applicable to mining projects undertaken or sponsored by foreign companies?
What in general terms is the mining exploration and exploitation permit or concession regime? What is the licensing regime?
What types of duties, royalties and taxes must be paid by the mining project company as a condition to obtaining or continuinga mining concession? What remedial actions are available to the granting authority when such levies are unpaid?
What in general terms is the water rights regime? What is the availability of water for mining facilities? What techniques or activity have you seen in your jurisdiction to address limited or shared water resources?
What in general terms is the surface rights regime (use and occupation of surface; access routes; pipeline and electric line routes; roadways or railways for product transport)?
What is the availability of power for remote mining facilities? May mining facilities generate their own power?
What are the grounds for lawful termination of rights under a mining concession, water rights or surface rights or power (generation or transmission) rights? What remedies are available to the concessionaire if rights are wrongfully terminated?
Describe the extent to which the legal and regulatory regime is conducive to the installation or provision of essential infrastructure.
Please provide a description of the collateral security arrangements permitted in your jurisdiction, relating particularly to the mining project’s ability to grant to creditors a perfected security interest (whether by mortgage, pledge, trust, etc) in concession rights, water rights, surface rights, related easements, permits, licences (including environmental), land and bank accounts. Are there any limitations to the ability to transfer such rights to a successor owner/operator of the mine?
Is it accepted practice for creditors financing a mining project to enter into an agreement with the mining authority in connection with the creation, perfection or acknowledgement of the collateral security interests granted to the creditors in mining projects, including to facilitate the transfer of such rights to a successor owner/operator? Is there any requirement, benefit or limitation to such agreements?
What means of enforcement are available to creditors in connection with collateral security interests in mining rights?
What insurance must be placed with domestic insurance companies? Can insurance be placed abroad? Can claims be paid directly offshore? Are there restrictions with respect to obtaining reinsurance outside the country, and obtaining assignments or cut‑through endorsements to permit claims (and payment) to be made directly to owners or creditors outside the jurisdiction?
Describe any requirements related to the use of domestic and foreign labour, suppliers and contractors.
Can any liabilities extend beyond the mining project company to its owners, mortgagees, or creditors?
Describe any other relevant legal considerations related to financing of mining projects in your jurisdiction. Describe any trends in the types of financings recently closed or under discussion for mining projects in your jurisdiction.
In recent times, several governments have mandated concession renegotiation, revisited royalty and taxation regimes, failed to renew favourable exemptions, or passed legislation introducing significant requirements for projects under ongoing permitting and regulatory processes, in light of increased commodity values. Has there been any such activity in your jurisdiction?
Please provide electronic links to any of the principal statutory and regulatory compilations referred to in your answers to the foregoing questions, including items such as Mining Law, foreign investment regime applicable to mining and environmental law and regulation.
Milbank, Tweed, Hadley & McCloy LLP
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