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Mining Law

Mining Laws and regulations have changed over the past decade. No longer are mining companies able to break ground with zero accountability for the stakeholders on the ground. Sound legal advice is more important the sought-after mineral on the ground.

Cerro-de-Pasco Peru’s mining industry of today faces unprecedented challenges and opportunities as the factors influencing its health change: the strength of the economies in China and India and other developing countries, commodity prices, interest rates, the availability of credit, currency exchange rates, the cost of fuel and other consumables, the availability of labor, the legal certainty of mining tenements in this continent and so on. MONTEBLANCO & ASSOCIATES has mining and environmental law experts as well as compliance specialists who have as sole objective, the kickoff of mining concessions into full gear with the least amount of costly setbacks. Experience and know-how allow us to see the opportunities and overcome all challenges inherent to projects of this nature before they become issues.

MONTEBLANCO & ASSOCIATES is a respected player in the mining, environmental and natural resources law arena. We are also well-versed in the field of Energy, and Hydrocarbons law as well as in regulatory, aboriginal, industrial relations, the Peruvian law of Prior Consultation of Indigenous People and Aborigines, tax and (where necessary) litigation practice groups. MONTEBLANCO & ASSOCIATES meets the needs of Ukrainian, North American, Asian and other international mining clients starting operations in Peru.

We can help you in the following areas:
Conga-Mine-Protests

  • Due Diligences on mining concessions and ownership
  • Acquisitions and dispositions of Peruvian mining concessions
  • Acquisitions and dispositions of mines and mining companies
  • Project development and construction and mine operations throughout Peru, Chile and Bolivia.
  • Suggest convenient legal and tax structures in Joint Ventures or acquisitions
  • Strategic investments and partnerships including off-take agreements
  • Draft Joint Ventures and mining contracts
  • Prepare contracts and agreements with owners of surface rights or landowners and obtain their consent
  • Exploration agreements including farm-ins and joint ventures
  • Mergers and acquisitions, both public and private, hostile and friendly
  • Mineral royalties
  • Marketing contracts, ore sales contracts, smelting contracts, transportation contracts, etc.
  • Environmental Impact Regulations
  • Impact benefit agreements with Aboriginals
  • Implementation of the Previous Consultation Law
  • Environmental and regulatory matters
  • Debt and equity finance for mining companies

What Are The Legal Mining Procedures in Peru?

Peru-Copper MONTEBLANCO & ASSOCIATES has been immersed in this delicate area of the law for many years now. As a result, we have the process of initiating a concession down to a science. We will walk you through the following processes:

  1. Application and procedure to acquire mining concessions.
  2. Direct the environmental permits.
  3. Compliance of mining declarations.
  4. Notary and registry procedures.
  5. Drafting and filing of Labor Contracts before the Peruvian Ministry of Labor
  6. Strict compliance with Health & Safety Regulations.

Contact the MONTEBLANCO & ASSOCIATES team of specialists for more information about our Mining, Energy and Environmental Law capacities and how we can assist you in these endeavors.

About The Law

Yanacocha Mine (sm)The Peruvian law of Prior Consultation of Indigenous People and Aborigines:
It is of no surprise that there is a contentious relationship between Indigenous communities, mining companies and the Peruvian state. More often then not, Quechua-speaking natives as well as their Amazonian counterparts were communities exclude from the plans of incoming mining companies to dig up their land and spoil their drinking water. As a result of countless deaths resulting from violent protests, a law that gives Indigenous groups the right to be consulted about major mining and infrastructure projects that would directly affect them was passed.

In comes Peru’s consulta previa (prior consultation) law —based on ILO Convention 169—, which requires that Indigenous and native communities be consulted prior to the establishment of any policy and development processes that would directly affect them. President Humala formally signed ILO 169 into national law in 2011 in a symbolic ceremony in the town of Bagua—the location of the fatal 2009 clash between law enforcement and native communities in the Amazon that killed 33 people and cast a heavy shadow on then-President Alan García.

Let the team of Peru Mining Law experts at MONTEBLANCO & ASSOCIATES help you start your mining project right and avoid costly mistakes. We are here for you.