Mining
We provide comprehensive legal solutions for the mining sector, covering all operational phases of projects within this industry. Our established network of contacts in both traditional and emerging mining centers enables us to support our clients’ business needs, delivering tailored services to them
Mining
We provide comprehensive legal solutions for the mining sector, covering all operational phases of projects within this industry. Our established network of contacts in both traditional and emerging mining centers enables us to support our clients’ business needs, delivering tailored services to them
Our team provides practical and relevant advice grounded in the commercial realities of the mining industry. From the early stages of projects to divestment or mine closure, we deliver comprehensive legal solutions addressing everything from day-to-day matters to complex transactions and international disputes. Our experience includes support with feasibility studies, financial structuring and tax optimization, project construction, supply chain management, environmental licensing, and advisory services on matters related to Indigenous rights. We also assist in obtaining regulatory approvals, concessions, risk allocation, and contractual documentation
Our team provides practical and relevant advice grounded in the commercial realities of the mining industry. From the early stages of projects to divestment or mine closure, we deliver comprehensive legal solutions addressing everything from day-to-day matters to complex transactions and international disputes. Our experience includes support with feasibility studies, financial structuring and tax optimization, project construction, supply chain management, environmental licensing, and advisory services on matters related to Indigenous rights. We also assist in obtaining regulatory approvals, concessions, risk allocation, and contractual documentation
Our take on the industry
The mining sector has historically played an important role in Brazil’s development and continues to hold significant relevance in both the Brazilian and global economies: mining contributes approximately 4% to Brazil’s GDP, and the country is a major exporter of iron, manganese, tantalum, niobium, and bauxite.
More recently, efforts toward the decarbonization of the global economy, which is an essential feature of the current global energy transition, have led to greater reliance on energy technologies that are more mineral-intensive in their production, such as solar and wind power, as well as batteries, among others. In this context, anticipating future demand for these minerals to support this process indicates investment opportunities being promoted by various countries to ensure that the future supply of such minerals does not become a bottleneck for the energy transition.
Across different jurisdictions, there is considerable overlap in the classification of minerals deemed critical or strategic for the energy transition. As outlined in the National Mining Plan 2030, Brazil uses the term “strategic minerals” to identify the set of minerals defined under the Strategic Minerals Policy by Resolution MME No. 2, dated July 18, 2021. This set is segmented, in a non-exhaustive manner, into: mineral goods for which the country depends heavily on imports to supply vital sectors of the economy; minerals that are important for their application in high-technology products and processes (including minerals critical to the energy transition); and mineral goods that hold comparative advantages and are essential to the economy due to their contribution to generating trade surpluses. The United States and the European Union have similar classifications, which are periodically updated.
Regardless of the classification adopted, there is no doubt that demand for a set of minerals is expected to increase substantially, potentially more than tripling by 2050. In this scenario, Brazil’s vast territory and geological diversity offer an enormous potential for new mineral discoveries. According to the International Energy Agency, Latin America stands out as the region with the greatest potential to attract foreign investment and expand production, both due to the volume of existing reserves and the potential for new discoveries, and within the region, Brazil has the strongest investment outlook, positioning itself as a global hotspot for all stakeholders in the mining sector. hot spot global para todos os agentes do setor de mineração.
Our take on the industry
The mining sector has historically played an important role in Brazil’s development and continues to hold significant relevance in both the Brazilian and global economies: mining contributes approximately 4% to Brazil’s GDP, and the country is a major exporter of iron, manganese, tantalum, niobium, and bauxite.
More recently, efforts toward the decarbonization of the global economy, which is an essential feature of the current global energy transition, have led to greater reliance on energy technologies that are more mineral-intensive in their production, such as solar and wind power, as well as batteries, among others. In this context, anticipating future demand for these minerals to support this process indicates investment opportunities being promoted by various countries to ensure that the future supply of such minerals does not become a bottleneck for the energy transition.
Across different jurisdictions, there is considerable overlap in the classification of minerals deemed critical or strategic for the energy transition. As outlined in the National Mining Plan 2030, Brazil uses the term “strategic minerals” to identify the set of minerals defined under the Strategic Minerals Policy by Resolution MME No. 2, dated July 18, 2021. This set is segmented, in a non-exhaustive manner, into: mineral goods for which the country depends heavily on imports to supply vital sectors of the economy; minerals that are important for their application in high-technology products and processes (including minerals critical to the energy transition); and mineral goods that hold comparative advantages and are essential to the economy due to their contribution to generating trade surpluses. The United States and the European Union have similar classifications, which are periodically updated.
Regardless of the classification adopted, there is no doubt that demand for a set of minerals is expected to increase substantially, potentially more than tripling by 2050. In this scenario, Brazil’s vast territory and geological diversity offer an enormous potential for new mineral discoveries. According to the International Energy Agency, Latin America stands out as the region with the greatest potential to attract foreign investment and expand production, both due to the volume of existing reserves and the potential for new discoveries, and within the region, Brazil has the strongest investment outlook, positioning itself as a global hotspot for all stakeholders in the mining sector. hot spot global para todos os agentes do setor de mineração.
Opportunities
- High potential and quality of reserves
- Significant growth in mineral demand associated with the energy transition
- Friendshoring and nearshoring strategies by countries and companies
- Initiatives to encourage the expansion of mineral processing in Brazil
- Development of integrated frameworks between Brazil and Canada to facilitate market access and capital raising
Challenges
- Increasingly stringent environmental and sustainability requirements
- Constantly evolving regulatory framework
- Investment financing
- Complex tax regime
- Legal restrictions applicable to access to rural areas
Macrotrends
- Powershoring e friendshoring
- Acceleration of investments in the energy transition
- Green mining and pressure for more sustainable and socially responsible practices
- Technological advancement, including digitalization, automation, and the use of artificial intelligence
- Public policies aimed at accelerating investments in the mining sector
Work Highlights
Leadership in the Acquisition of Mining Companies Listed on the TSX Venture Exchange
We advise on the full acquisition of common shares issued and outstanding by companies listed on the TSX Venture Exchange, as well as on all their mining assets located in Brazil
Active Advisory in the Acquisition of Interests in Various Mining Companies and Investment in Mining Projects in Brazil
We advise on transactions involving the purchase and sale of interests in domestic mining companies, the drafting of lease agreements for mineral exploration in different regions of the country, and the formation of joint ventures and commercial partnerships between companies holding mining assets
Prominent Administrative Practice and Regulatory Consulting before the Regulator
We assist clients in successful discussions with the ANM (National Mining Agency) in proceedings involving the transfer of mining rights and administrative sanctioning processes, as well as in the development of legal positions and the review of rules and regulations
Unique Expertise in Seabed Mining and Prospects for Deep-Sea Mining
We advise on pioneering mineral exploration projects in international waters, providing strategic assistance to clients in obtaining licenses and authorizations, assessing environmental impacts, and analyzing economic feasibility. We have an in-depth understanding of the challenges and opportunities in this innovative sector, which has the potential to transform the supply of essential mineral resources, such as rare metals and critical elements, for the global energy transition
Assessment of the Environmental Feasibility of Mining in the Amazon
We advise a client on the legal and environmental assessment of the feasibility and risks associated with underground mining in a Conservation Unit in the Amazon region
Ongoing Advisory to Major Mining Companies
We advise our client on several fronts related to its activities, including consulting on strategic processes and negotiations with stakeholders, preparing legal opinions and consultations, analyzing issues related to NORM storage, defending administrative and judicial proceedings, and managing crises related to various environmental incidents (solid waste, particulate emissions, etc.)
Work Highlights
Leadership in the Acquisition of Mining Companies Listed on the TSX Venture Exchange
We advise on the full acquisition of common shares issued and outstanding by companies listed on the TSX Venture Exchange, as well as on all their mining assets located in Brazil
Active Advisory in the Acquisition of Interests in Various Mining Companies and Investment in Mining Projects in Brazil
We advise on transactions involving the purchase and sale of interests in domestic mining companies, the drafting of lease agreements for mineral exploration in different regions of the country, and the formation of joint ventures and commercial partnerships between companies holding mining assets
Prominent Administrative Practice and Regulatory Consulting before the Regulator
We assist clients in successful discussions with the ANM (National Mining Agency) in proceedings involving the transfer of mining rights and administrative sanctioning processes, as well as in the development of legal positions and the review of rules and regulations
Unique Expertise in Seabed Mining and Prospects for Deep-Sea Mining
We advise on pioneering mineral exploration projects in international waters, providing strategic assistance to clients in obtaining licenses and authorizations, assessing environmental impacts, and analyzing economic feasibility. We have an in-depth understanding of the challenges and opportunities in this innovative sector, which has the potential to transform the supply of essential mineral resources, such as rare metals and critical elements, for the global energy transition
Assessment of the Environmental Feasibility of Mining in the Amazon
We advise a client on the legal and environmental assessment of the feasibility and risks associated with underground mining in a Conservation Unit in the Amazon region
Ongoing Advisory to Major Mining Companies
We advise our client on several fronts related to its activities, including consulting on strategic processes and negotiations with stakeholders, preparing legal opinions and consultations, analyzing issues related to NORM storage, defending administrative and judicial proceedings, and managing crises related to various environmental incidents (solid waste, particulate emissions, etc.)