i Table of contents 535

Mining 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

INTRODUCTION		6
Contributed by Carlos Vilhena, Pinheiro Neto Advogados		6
ANGOLA		11
Law and Practice		11
Contributed by VdA		11
Trends and Developments		27
Contributed by VdA		27
ARGENTINA		32
Law and Practice		32
Contributed by Bruchou & Funes de Rioja		32
Trends and Developments		57
Contributed by Bruchou & Funes de Rioja		57
BOLIVIA		65
Law and Practice		65
Contributed by Dentons Guevara & Gutiérrez S.C.		65
Trends and Developments		82
Contributed by Dentons Guevara & Gutiérrez S.C.		82
BRAZIL		89
Law and Practice		89
Contributed by Pinheiro Neto Advogados		89
Trends and Developments		107
Contributed by William Freire Advogados Associados		107
CAMEROON		112
Law and Practice		112
Contributed by Amadagana & Partners		112
Trends and Developments		126
Contributed by Amadagana & Partners		126
CANADA		131
Law and Practice		131
Contributed by Cassels Brock & Blackwell LLP		131
ECUADOR		156
Law and Practice		156
Contributed by Flor Bustamante Pizarro & Hurtado		156
Trends and Developments		175
Contributed by Flor Bustamante Pizarro & Hurtado		175
FINLAND		181
Law and Practice		181
Contributed by HPP Attorneys Ltd		181
Trends and Developments		202
Contributed by HPP Attorneys Ltd		202
GUINEA		211
Law and Practice		211
Contributed by John W Ffooks & Co		211
INDIA		224
Law and Practice		224
Contributed by J Sagar Associates		224
Trends and Developments		245
Contributed by AZB & Partners		245
KAZAKHSTAN		253
Law and Practice		253
Contributed by Haller Lomax LLP		253
Trends and Developments		272
Contributed by Haller Lomax LLP		272
MADAGASCAR		278
Law and Practice		278
Contributed by John W Ffooks & Co		278
MALI		290
Law and Practice		290
Contributed by John W Ffooks & Co		290
MEXICO		301
Law and Practice		301
Contributed by Todd		301
Trends and Developments		323
Contributed by Todd		323
MOZAMBIQUE		330
Law and Practice		330
Contributed by VdA		330
NORWAY		346
Law and Practice		346
Contributed by Simonsen Vogt Wiig		346
Trends and Developments		361
Contributed by Simonsen Vogt Wiig		361
PANAMA		366
Law and Practice		366
Contributed by Arias, Fábrega & Fábrega		366
Trends and Developments		387
Contributed by Arias, Fábrega & Fábrega		387
PHILIPPINES		393
Law and Practice		393
Contributed by Cruz Marcelo & Tenefrancia		393
Trends and Developments		410
Contributed by Cruz Marcelo & Tenefrancia		410
PORTUGAL		416
Law and Practice		416
Contributed by VdA		416
Trends and Developments		430
Contributed by VdA		430
RWANDA		436
Law and Practice		436
Contributed by Liedekerke Great Lakes		436
Trends and Developments		454
Contributed by Liedekerke Great Lakes		454
SENEGAL		459
Law and Practice		459
Contributed by John W Ffooks & Co		459
SWEDEN		473
Law and Practice		473
Contributed by Wåhlin Advokater AB		473
TIMOR-LESTE		488
Law and Practice		488
Contributed by VdA		488
Trends and Developments		504
Contributed by VdA		504
ZAMBIA		508
Law and Practice		508
Contributed by MAY and Company		508
Trends and Developments		532
Contributed by MAY and Company		532
1. Mining Law: General Framework		14
1.1 Main Features of the Mining Industry		14
1.2 Legal System and Sources of Mining Law		14
1.3 Ownership of Mineral Resources		15
1.4 Role of the State in Mining Law and Regulations		15
1.5 Nature of Mineral Rights		15
1.6 Granting of Mineral Rights		16
1.7 Mining: Security of Tenure		16
2. Impact of Environmental Protection and Community Relations on Mining Projects		18
2.1 Environmental Protection and Licensing of Mining Projects		18
2.2 Impact of Environmentally Protected Areas on Mining		19
2.3 Impact of Community Relations on Mining Projects		19
2.4 Prior and Informed Consultation on Mining Projects		19
2.5 Impact of Specially Protected Communities on Mining Projects		20
2.6 Community Development Agreement for Mining Projects		20
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		20
2.8 Illegal Mining		20
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		21
3. Climate Change, Energy Transition and Sustainable Development in Mining		21
3.1 Climate Change Effects		21
3.2 Climate Change Legislation and Proposals Related to Mining		21
3.3 Sustainable Development Initiatives Related to Mining		22
3.4 Energy-Transition Minerals		22
4. Taxation of Mining and Exploration		23
4.1 Mining and Exploration Duties, Royalties and Taxes		23
4.2 Tax Incentives for Mining Investors and Projects		23
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		24
5. Mining Investment and Finance		24
5.1 Attracting Investment for Mining		24
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		24
5.3 International Treaties Related to Exploration and Mining		24
5.4 Sources of Finance for Exploration, Development and Mining		25
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		25
5.6 Security over Mining Tenements and Related Assets		25
6. Mining: Outlook and Trends		25
6.1 Two-Year Forecast for the Mining Sector		25
1. Mining Law: General Framework		36
1.1 Main Features of the Mining Industry		36
1.2 Legal System and Sources of Mining Law		36
1.3 Ownership of Mineral Resources		37
1.4 Role of the State in Mining Law and Regulations		37
1.5 Nature of Mineral Rights		38
1.6 Granting of Mineral Rights		38
1.7 Mining: Security of Tenure		43
2. Impact of Environmental Protection and Community Relations on Mining Projects		43
2.1 Environmental Protection and Licensing of Mining Projects		43
2.2 Impact of Environmentally Protected Areas on Mining		45
2.3 Impact of Community Relations on Mining Projects		45
2.4 Prior and Informed Consultation on Mining Projects		45
2.5 Impact of Specially Protected Communities on Mining Projects		46
2.6 Community Development Agreement for Mining Projects		46
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		47
2.8 Illegal Mining		47
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		47
3. Climate Change, Energy Transition and Sustainable Development in Mining		47
3.1 Climate Change Effects		47
3.2 Climate Change Legislation and Proposals Related to Mining		47
3.3 Sustainable Development Initiatives Related to Mining		48
3.4 Energy-Transition Minerals		48
4. Taxation of Mining and Exploration		48
4.1 Mining and Exploration Duties, Royalties and Taxes		48
4.2 Tax Incentives for Mining Investors and Projects		51
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		52
5. Mining Investment and Finance		53
5.1 Attracting Investment for Mining		53
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		53
5.3 International Treaties Related to Exploration and Mining		53
5.4 Sources of Finance for Exploration, Development and Mining		54
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		54
5.6 Security over Mining Tenements and Related Assets		54
6. Mining: Outlook and Trends		55
6.1 Two-Year Forecast for the Mining Sector		55
1. Mining Law: General Framework		69
1.1 Main Features of the Mining Industry		69
1.2 Legal System and Sources of Mining Law		69
1.3 Ownership of Mineral Resources		70
1.4 Role of the State in Mining Law and Regulations		70
1.5 Nature of Mineral Rights		71
1.6 Granting of Mineral Rights		71
1.7 Mining: Security of Tenure		72
2. Impact of Environmental Protection and Community Relations on Mining Projects		73
2.1 Environmental Protection and Licensing of Mining Projects		73
2.2 Impact of Environmentally Protected Areas on Mining		74
2.3 Impact of Community Relations on Mining Projects		74
2.4 Prior and Informed Consultation on Mining Projects		75
2.5 Impact of Specially Protected Communities on Mining Projects		75
2.6 Community Development Agreement for Mining Projects		75
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		75
2.8 Illegal Mining		76
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		76
3. Climate Change, Energy Transition and Sustainable Development in Mining		77
3.1 Climate Change Effects		77
3.2 Climate Change Legislation and Proposals Related to Mining		77
3.3 Sustainable Development Initiatives Related to Mining		77
3.4 Energy-Transition Minerals		77
4. Taxation of Mining and Exploration		78
4.1 Mining and Exploration Duties, Royalties and Taxes		78
4.2 Tax Incentives for Mining Investors and Projects		78
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		79
5. Mining Investment and Finance		79
5.1 Attracting Investment for Mining		79
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		79
5.3 International Treaties Related to Exploration and Mining		79
5.4 Sources of Finance for Exploration, Development and Mining		79
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		80
5.6 Security over Mining Tenements and Related Assets		80
6. Mining: Outlook and Trends		80
6.1 Two-Year Forecast for the Mining Sector		80
1. Mining Law: General Framework		93
1.1 Main Features of the Mining Industry		93
1.2 Legal System and Sources of Mining Law		94
1.3 Ownership of Mineral Resources		95
1.4 Role of the State in Mining Law and Regulations		95
1.5 Nature of Mineral Rights		95
1.6 Granting of Mineral Rights		96
1.7 Mining: Security of Tenure		96
2. Impact of Environmental Protection and Community Relations on Mining Projects		96
2.1 Environmental Protection and Licensing of Mining Projects		96
2.2 Impact of Environmentally Protected Areas on Mining		97
2.3 Impact of Community Relations on Mining Projects		98
2.4 Prior and Informed Consultation on Mining Projects		98
2.5 Impact of Specially Protected Communities on Mining Projects		98
2.6 Community Development Agreement for Mining Projects		98
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		99
2.8 Illegal Mining		99
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		99
3. Climate Change, Energy Transition and Sustainable Development in Mining		100
3.1 Climate Change Effects		100
3.2 Climate Change Legislation and Proposals Related to Mining		100
3.3 Sustainable Development Initiatives Related to Mining		100
3.4 Energy-Transition Minerals		100
4. Taxation of Mining and Exploration		101
4.1 Mining and Exploration Duties, Royalties and Taxes		101
4.2 Tax Incentives for Mining Investors and Projects		103
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		104
5. Mining Investment and Finance		104
5.1 Attracting Investment for Mining		104
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		104
5.3 International Treaties Related to Exploration and Mining		104
5.4 Sources of Finance for Exploration, Development and Mining		104
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		105
5.6 Security over Mining Tenements and Related Assets		105
6. Mining: Outlook and Trends		105
6.1 Two-Year Forecast for the Mining Sector		105
1. Mining Law: General Framework		116
1.1 Main Features of the Mining Industry		116
1.2 Legal System and Sources of Mining Law		116
1.3 Ownership of Mineral Resources		117
1.4 Role of the State in Mining Law and Regulations		117
1.5 Nature of Mineral Rights		117
1.6 Granting of Mineral Rights		117
1.7 Mining: Security of Tenure		118
2. Impact of Environmental Protection and Community Relations on Mining Projects		118
2.1 Environmental Protection and Licensing of Mining Projects		118
2.2 Impact of Environmentally Protected Areas on Mining		119
2.3 Impact of Community Relations on Mining Projects		119
2.4 Prior and Informed Consultation on Mining Projects		119
2.5 Impact of Specially Protected Communities on Mining Projects		119
2.6 Community Development Agreement for Mining Projects		119
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		119
2.8 Illegal Mining		120
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		120
3. Climate Change, Energy Transition and Sustainable Development in Mining		120
3.1 Climate Change Effects		120
3.2 Climate Change Legislation and Proposals Related to Mining		121
3.3 Sustainable Development Initiatives Related to Mining		121
3.4 Energy-Transition Minerals		121
4. Taxation of Mining and Exploration		121
4.1 Mining and Exploration Duties, Royalties and Taxes		121
4.2 Tax Incentives for Mining Investors and Projects		122
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		122
5. Mining Investment and Finance		122
5.1 Attracting Investment for Mining		122
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		122
5.3 International Treaties Related to Exploration and Mining		123
5.4 Sources of Finance for Exploration, Development and Mining		124
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		124
5.6 Security over Mining Tenements and Related Assets		124
6. Mining: Outlook and Trends		125
6.1 Two-Year Forecast for the Mining Sector		125
1. Mining Law: General Framework		135
1.1 Main Features of the Mining Industry		135
1.2 Legal System and Sources of Mining Law		135
1.3 Ownership of Mineral Resources		136
1.4 Role of the State in Mining Law and Regulations		136
1.5 Nature of Mineral Rights		137
1.6 Granting of Mineral Rights		137
1.7 Mining: Security of Tenure		138
2. Impact of Environmental Protection and Community Relations on Mining Projects		138
2.1 Environmental Protection and Licensing of Mining Projects		138
2.2 Impact of Environmentally Protected Areas on Mining		140
2.3 Impact of Community Relations on Mining Projects		141
2.4 Prior and Informed Consultation on Mining Projects		141
2.5 Impact of Specially Protected Communities on Mining Projects		142
2.6 Community Development Agreement for Mining Projects		143
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		143
2.8 Illegal Mining		145
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		145
3. Climate Change, Energy Transition and Sustainable Development in Mining		146
3.1 Climate Change Effects		146
3.2 Climate Change Legislation and Proposals Related to Mining		146
3.3 Sustainable Development Initiatives Related to Mining		147
3.4 Energy-Transition Minerals		147
4. Taxation of Mining and Exploration		148
4.1 Mining and Exploration Duties, Royalties and Taxes		148
4.2 Tax Incentives for Mining Investors and Projects		148
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		149
5. Mining Investment and Finance		150
5.1 Attracting Investment for Mining		150
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		150
5.3 International Treaties Related to Exploration and Mining		153
5.4 Sources of Finance for Exploration, Development and Mining		153
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		154
5.6 Security over Mining Tenements and Related Assets		154
6. Mining: Outlook and Trends		155
6.1 Two-Year Forecast for the Mining Sector		155
1. Mining Law: General Framework		159
1.1 Main Features of the Mining Industry		159
1.2 Legal System and Sources of Mining Law		159
1.3 Ownership of Mineral Resources		160
1.4 Role of the State in Mining Law and Regulations		161
1.5 Nature of Mineral Rights		162
1.6 Granting of Mineral Rights		163
1.7 Mining: Security of Tenure		165
2. Impact of Environmental Protection and Community Relations on Mining Projects		167
2.1 Environmental Protection and Licensing of Mining Projects		167
2.2 Impact of Environmentally Protected Areas on Mining		168
2.3 Impact of Community Relations on Mining Projects		169
2.4 Prior and Informed Consultation on Mining Projects		169
2.5 Impact of Specially Protected Communities on Mining Projects		170
2.6 Community Development Agreement for Mining Projects		171
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		171
2.8 Illegal Mining		171
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		171
3. Climate Change, Energy Transition and Sustainable Development in Mining		172
3.1 Climate Change Effects		172
3.2 Climate Change Legislation and Proposals Related to Mining		172
3.3 Sustainable Development Initiatives Related to Mining		172
3.4 Energy-Transition Minerals		172
4. Taxation of Mining and Exploration		172
4.1 Mining and Exploration Duties, Royalties and Taxes		172
4.2 Tax Incentives for Mining Investors and Projects		173
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		173
5. Mining Investment and Finance		173
5.1 Attracting Investment for Mining		173
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		173
5.3 International Treaties Related to Exploration and Mining		173
5.4 Sources of Finance for Exploration, Development and Mining		173
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		173
5.6 Security over Mining Tenements and Related Assets		174
6. Mining: Outlook and Trends		174
6.1 Two-Year Forecast for the Mining Sector		174
1. Mining Law: General Framework		185
1.1 Main Features of the Mining Industry		185
1.2 Legal System and Sources of Mining Law		185
1.3 Ownership of Mineral Resources		185
1.4 Role of the State in Mining Law and Regulations		186
1.5 Nature of Mineral Rights		187
1.6 Granting of Mineral Rights		188
1.7 Mining: Security of Tenure		188
2. Impact of Environmental Protection and Community Relations on Mining Projects		190
2.1 Environmental Protection and Licensing of Mining Projects		190
2.2 Impact of Environmentally Protected Areas on Mining		192
2.3 Impact of Community Relations on Mining Projects		193
2.4 Prior and Informed Consultation on Mining Projects		193
2.5 Impact of Specially Protected Communities on Mining Projects		193
2.6 Community Development Agreement for Mining Projects		194
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		194
2.8 Illegal Mining		194
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		194
3. Climate Change, Energy Transition and Sustainable Development in Mining		195
3.1 Climate Change Effects		195
3.2 Climate Change Legislation and Proposals Related to Mining		195
3.3 Sustainable Development Initiatives Related to Mining		196
3.4 Energy-Transition Minerals		196
4. Taxation of Mining and Exploration		196
4.1 Mining and Exploration Duties, Royalties and Taxes		196
4.2 Tax Incentives for Mining Investors and Projects		198
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		198
5. Mining Investment and Finance		198
5.1 Attracting Investment for Mining		198
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		198
5.3 International Treaties Related to Exploration and Mining		199
5.4 Sources of Finance for Exploration, Development and Mining		199
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		200
5.6 Security over Mining Tenements and Related Assets		200
6. Mining: Outlook and Trends		200
6.1 Two-Year Forecast for the Mining Sector		200
1. Mining Law: General Framework		214
1.1 Main Features of the Mining Industry		214
1.2 Legal System and Sources of Mining Law		214
1.3 Ownership of Mineral Resources		215
1.4 Role of the State in Mining Law and Regulations		215
1.5 Nature of Mineral Rights		215
1.6 Granting of Mineral Rights		215
1.7 Mining: Security of Tenure		216
2. Impact of Environmental Protection and Community Relations on Mining Projects		216
2.1 Environmental Protection and Licensing of Mining Projects		216
2.2 Impact of Environmentally Protected Areas on Mining		217
2.3 Impact of Community Relations on Mining Projects		217
2.4 Prior and Informed Consultation on Mining Projects		218
2.5 Impact of Specially Protected Communities on Mining Projects		218
2.6 Community Development Agreement for Mining Projects		218
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		218
2.8 Illegal Mining		218
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		218
3. Climate Change, Energy Transition and Sustainable Development in Mining		219
3.1 Climate Change Effects		219
3.2 Climate Change Legislation and Proposals Related to Mining		219
3.3 Sustainable Development Initiatives Related to Mining		219
3.4 Energy-Transition Minerals		219
4. Taxation of Mining and Exploration		220
4.1 Mining and Exploration Duties, Royalties and Taxes		220
4.2 Tax Incentives for Mining Investors and Projects		221
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		221
5. Mining Investment and Finance		221
5.1 Attracting Investment for Mining		221
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		221
5.3 International Treaties Related to Exploration and Mining		222
5.4 Sources of Finance for Exploration, Development and Mining		222
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		222
5.6 Security over Mining Tenements and Related Assets		222
6. Mining: Outlook and Trends		223
6.1 Two-Year Forecast for the Mining Sector		223
1. Mining Law: General Framework		228
1.1 Main Features of the Mining Industry		228
1.2 Legal System and Sources of Mining Law		229
1.3 Ownership of Mineral Resources		231
1.4 Role of the State in Mining Law and Regulations		231
1.5 Nature of Mineral Rights		232
1.6 Granting of Mineral Rights		232
1.7 Mining: Security of Tenure		232
2. Impact of Environmental Protection and Community Relations on Mining Projects		234
2.1 Environmental Protection and Licensing of Mining Projects		234
2.2 Impact of Environmentally Protected Areas on Mining		236
2.3 Impact of Community Relations on Mining Projects		236
2.4 Prior and Informed Consultation on Mining Projects		237
2.5 Impact of Specially Protected Communities on Mining Projects		237
2.6 Community Development Agreement for Mining Projects		237
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		237
2.8 Illegal Mining		238
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		239
3. Climate Change, Energy Transition and Sustainable Development in Mining		240
3.1 Climate Change Effects		240
3.2 Climate Change Legislation and Proposals Related to Mining		240
3.3 Sustainable Development Initiatives Related to Mining		240
3.4 Energy-Transition Minerals		241
4. Taxation of Mining and Exploration		242
4.1 Mining and Exploration Duties, Royalties and Taxes		242
4.2 Tax Incentives for Mining Investors and Projects		242
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		242
5. Mining Investment and Finance		243
5.1 Attracting Investment for Mining		243
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		243
5.3 International Treaties Related to Exploration and Mining		243
5.4 Sources of Finance for Exploration, Development and Mining		244
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		244
5.6 Security over Mining Tenements and Related Assets		244
6. Mining: Outlook and Trends		244
6.1 Two-Year Forecast for the Mining Sector		244
1. Mining Law: General Framework		257
1.1 Main Features of the Mining Industry		257
1.2 Legal System and Sources of Mining Law		257
1.3 Ownership of Mineral Resources		258
1.4 Role of the State in Mining Law and Regulations		258
1.5 Nature of Mineral Rights		259
1.6 Granting of Mineral Rights		259
1.7 Mining: Security of Tenure		259
2. Impact of Environmental Protection and Community Relations on Mining Projects		262
2.1 Environmental Protection and Licensing of Mining Projects		262
2.2 Impact of Environmentally Protected Areas on Mining		263
2.3 Impact of Community Relations on Mining Projects		263
2.4 Prior and Informed Consultation on Mining Projects		264
2.5 Impact of Specially Protected Communities on Mining Projects		264
2.6 Community Development Agreement for Mining Projects		264
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		264
2.8 Illegal Mining		264
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		265
3. Climate Change, Energy Transition and Sustainable Development in Mining		265
3.1 Climate Change Effects		265
3.2 Climate Change Legislation and Proposals Related to Mining		266
3.3 Sustainable Development Initiatives Related to Mining		266
3.4 Energy-Transition Minerals		266
4. Taxation of Mining and Exploration		267
4.1 Mining and Exploration Duties, Royalties and Taxes		267
4.2 Tax Incentives for Mining Investors and Projects		267
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		268
5. Mining Investment and Finance		268
5.1 Attracting Investment for Mining		268
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		269
5.3 International Treaties Related to Exploration and Mining		269
5.4 Sources of Finance for Exploration, Development and Mining		270
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		270
5.6 Security over Mining Tenements and Related Assets		271
6. Mining: Outlook and Trends		271
6.1 Two-Year Forecast for the Mining Sector		271
1. Mining Law: General Framework		281
1.1 Main Features of the Mining Industry		281
1.2 Legal System and Sources of Mining Law		281
1.3 Ownership of Mineral Resources		282
1.4 Role of the State in Mining Law and Regulations		282
1.5 Nature of Mineral Rights		282
1.6 Granting of Mineral Rights		283
1.7 Mining: Security of Tenure		283
2. Impact of Environmental Protection and Community Relations on Mining Projects		283
2.1 Environmental Protection and Licensing of Mining Projects		283
2.2 Impact of Environmentally Protected Areas on Mining		284
2.3 Impact of Community Relations on Mining Projects		284
2.4 Prior and Informed Consultation on Mining Projects		284
2.5 Impact of Specially Protected Communities on Mining Projects		285
2.6 Community Development Agreement for Mining Projects		285
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		285
2.8 Illegal Mining		285
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		286
3. Climate Change, Energy Transition and Sustainable Development in Mining		286
3.1 Climate Change Effects		286
3.2 Climate Change Legislation and Proposals Related to Mining		286
3.3 Sustainable Development Initiatives Related to Mining		286
3.4 Energy-Transition Minerals		287
4. Taxation of Mining and Exploration		287
4.1 Mining and Exploration Duties, Royalties and Taxes		287
4.2 Tax Incentives for Mining Investors and Projects		287
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		287
5. Mining Investment and Finance		287
5.1 Attracting Investment for Mining		287
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		288
5.3 International Treaties Related to Exploration and Mining		288
5.4 Sources of Finance for Exploration, Development and Mining		289
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		289
5.6 Security over Mining Tenements and Related Assets		289
6. Mining: Outlook and Trends		289
6.1 Two-Year Forecast for the Mining Sector		289
1. Mining Law: General Framework		293
1.1 Main Features of the Mining Industry		293
1.2 Legal System and Sources of Mining Law		293
1.3 Ownership of Mineral Resources		294
1.4 Role of the State in Mining Law and Regulations		294
1.5 Nature of Mineral Rights		294
1.6 Granting of Mineral Rights		294
1.7 Mining: Security of Tenure		294
2. Impact of Environmental Protection and Community Relations on Mining Projects		295
2.1 Environmental Protection and Licensing of Mining Projects		295
2.2 Impact of Environmentally Protected Areas on Mining		295
2.3 Impact of Community Relations on Mining Projects		296
2.4 Prior and Informed Consultation on Mining Projects		296
2.5 Impact of Specially Protected Communities on Mining Projects		296
2.6 Community Development Agreement for Mining Projects		296
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		296
2.8 Illegal Mining		297
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		297
3. Climate Change, Energy Transition and Sustainable Development in Mining		297
3.1 Climate Change Effects		297
3.2 Climate Change Legislation and Proposals Related to Mining		297
3.3 Sustainable Development Initiatives Related to Mining		298
3.4 Energy-Transition Minerals		298
4. Taxation of Mining and Exploration		298
4.1 Mining and Exploration Duties, Royalties and Taxes		298
4.2 Tax Incentives for Mining Investors and Projects		298
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		298
5. Mining Investment and Finance		298
5.1 Attracting Investment for Mining		298
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		299
5.3 International Treaties Related to Exploration and Mining		299
5.4 Sources of Finance for Exploration, Development and Mining		299
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		300
5.6 Security over Mining Tenements and Related Assets		300
6. Mining: Outlook and Trends		300
6.1 Two-Year Forecast for the Mining Sector		300
1. Mining Law: General Framework		305
1.1 Main Features of the Mining Industry		305
1.2 Legal System and Sources of Mining Law		305
1.3 Ownership of Mineral Resources		308
1.4 Role of the State in Mining Law and Regulations		308
1.5 Nature of Mineral Rights		309
1.6 Granting of Mineral Rights		309
1.7 Mining: Security of Tenure		310
2. Impact of Environmental Protection and Community Relations on Mining Projects		311
2.1 Environmental Protection and Licensing of Mining Projects		311
2.2 Impact of Environmentally Protected Areas on Mining		312
2.3 Impact of Community Relations on Mining Projects		313
2.4 Prior and Informed Consultation on Mining Projects		313
2.5 Impact of Specially Protected Communities on Mining Projects		314
2.6 Community Development Agreement for Mining Projects		314
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		315
2.8 Illegal Mining		315
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		316
3. Climate Change, Energy Transition and Sustainable Development in Mining		316
3.1 Climate Change Effects		316
3.2 Climate Change Legislation and Proposals Related to Mining		317
3.3 Sustainable Development Initiatives Related to Mining		317
3.4 Energy-Transition Minerals		317
4. Taxation of Mining and Exploration		318
4.1 Mining and Exploration Duties, Royalties and Taxes		318
4.2 Tax Incentives for Mining Investors and Projects		318
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		318
5. Mining Investment and Finance		319
5.1 Attracting Investment for Mining		319
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		319
5.3 International Treaties Related to Exploration and Mining		319
5.4 Sources of Finance for Exploration, Development and Mining		320
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		320
5.6 Security over Mining Tenements and Related Assets		321
6. Mining: Outlook and Trends		321
6.1 Two-Year Forecast for the Mining Sector		321
1. Mining Law: General Framework		333
1.1 Main Features of the Mining Industry		333
1.2 Legal System and Sources of Mining Law		334
1.3 Ownership of Mineral Resources		335
1.4 Role of the State in Mining Law and Regulations		335
1.5 Nature of Mineral Rights		335
1.6 Granting of Mineral Rights		335
1.7 Mining: Security of Tenure		335
2. Impact of Environmental Protection and Community Relations on Mining Projects		338
2.1 Environmental Protection and Licensing of Mining Projects		338
2.2 Impact of Environmentally Protected Areas on Mining		339
2.3 Impact of Community Relations on Mining Projects		339
2.4 Prior and Informed Consultation on Mining Projects		340
2.5 Impact of Specially Protected Communities on Mining Projects		340
2.6 Community Development Agreement for Mining Projects		340
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		340
2.8 Illegal Mining		341
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		341
3. Climate Change, Energy Transition and Sustainable Development in Mining		342
3.1 Climate Change Effects		342
3.2 Climate Change Legislation and Proposals Related to Mining		342
3.3 Sustainable Development Initiatives Related to Mining		342
3.4 Energy-Transition Minerals		343
4. Taxation of Mining and Exploration		343
4.1 Mining and Exploration Duties, Royalties and Taxes		343
4.2 Tax Incentives for Mining Investors and Projects		343
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		344
5. Mining Investment and Finance		344
5.1 Attracting Investment for Mining		344
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		344
5.3 International Treaties Related to Exploration and Mining		344
5.4 Sources of Finance for Exploration, Development and Mining		344
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		344
5.6 Security over Mining Tenements and Related Assets		345
6. Mining: Outlook and Trends		345
6.1 Two-Year Forecast for the Mining Sector		345
1. Mining Law: General Framework		350
1.1 Main Features of the Mining Industry		350
1.2 Legal System and Sources of Mining Law		350
1.3 Ownership of Mineral Resources		350
1.4 Role of the State in Mining Law and Regulations		351
1.5 Nature of Mineral Rights		351
1.6 Granting of Mineral Rights		351
1.7 Mining: Security of Tenure		351
2. Impact of Environmental Protection and Community Relations on Mining Projects		352
2.1 Environmental Protection and Licensing of Mining Projects		352
2.2 Impact of Environmentally Protected Areas on Mining		353
2.3 Impact of Community Relations on Mining Projects		353
2.4 Prior and Informed Consultation on Mining Projects		354
2.5 Impact of Specially Protected Communities on Mining Projects		354
2.6 Community Development Agreement for Mining Projects		355
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		355
2.8 Illegal Mining		355
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		355
3. Climate Change, Energy Transition and Sustainable Development in Mining		355
3.1 Climate Change Effects		355
3.2 Climate Change Legislation and Proposals Related to Mining		355
3.3 Sustainable Development Initiatives Related to Mining		356
3.4 Energy-Transition Minerals		356
4. Taxation of Mining and Exploration		356
4.1 Mining and Exploration Duties, Royalties and Taxes		356
4.2 Tax Incentives for Mining Investors and Projects		357
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		357
5. Mining Investment and Finance		358
5.1 Attracting Investment for Mining		358
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		358
5.3 International Treaties Related to Exploration and Mining		358
5.4 Sources of Finance for Exploration, Development and Mining		358
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		359
5.6 Security over Mining Tenements and Related Assets		359
6. Mining: Outlook and Trends		359
6.1 Two-Year Forecast for the Mining Sector		359
1. Mining Law: General Framework		369
1.1 Main Features of the Mining Industry		369
1.2 Legal System and Sources of Mining Law		369
1.3 Ownership of Mineral Resources		370
1.4 Role of the State in Mining Law and Regulations		371
1.5 Nature of Mineral Rights		371
1.6 Granting of Mineral Rights		371
1.7 Mining: Security of Tenure		373
2. Impact of Environmental Protection and Community Relations on Mining Projects		375
2.1 Environmental Protection and Licensing of Mining Projects		375
2.2 Impact of Environmentally Protected Areas on Mining		376
2.3 Impact of Community Relations on Mining Projects		377
2.4 Prior and Informed Consultation on Mining Projects		378
2.5 Impact of Specially Protected Communities on Mining Projects		378
2.6 Community Development Agreement for Mining Projects		378
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		379
2.8 Illegal Mining		379
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		379
3. Climate Change, Energy Transition and Sustainable Development in Mining		380
3.1 Climate Change Effects		380
3.2 Climate Change Legislation and Proposals Related to Mining		380
3.3 Sustainable Development Initiatives Related to Mining		380
3.4 Energy-Transition Minerals		380
4. Taxation of Mining and Exploration		380
4.1 Mining and Exploration Duties, Royalties and Taxes		380
4.2 Tax Incentives for Mining Investors and Projects		381
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		382
5. Mining Investment and Finance		383
5.1 Attracting Investment for Mining		383
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		384
5.3 International Treaties Related to Exploration and Mining		384
5.4 Sources of Finance for Exploration, Development and Mining		384
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		384
5.6 Security over Mining Tenements and Related Assets		384
6. Mining: Outlook and Trends		385
6.1 Two-Year Forecast for the Mining Sector		385
1. Mining Law: General Framework		396
1.1 Main Features of the Mining Industry		396
1.2 Legal System and Sources of Mining Law		396
1.3 Ownership of Mineral Resources		397
1.4 Role of the State in Mining Law and Regulations		397
1.5 Nature of Mineral Rights		397
1.6 Granting of Mineral Rights		397
1.7 Mining: Security of Tenure		398
2. Impact of Environmental Protection and Community Relations on Mining Projects		399
2.1 Environmental Protection and Licensing of Mining Projects		399
2.2 Impact of Environmentally Protected Areas on Mining		399
2.3 Impact of Community Relations on Mining Projects		400
2.4 Prior and Informed Consultation on Mining Projects		400
2.5 Impact of Specially Protected Communities on Mining Projects		400
2.6 Community Development Agreement for Mining Projects		401
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		401
2.8 Illegal Mining		402
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		403
3. Climate Change, Energy Transition and Sustainable Development in Mining		403
3.1 Climate Change Effects		403
3.2 Climate Change Legislation and Proposals Related to Mining		404
3.3 Sustainable Development Initiatives Related to Mining		404
3.4 Energy-Transition Minerals		405
4. Taxation of Mining and Exploration		405
4.1 Mining and Exploration Duties, Royalties and Taxes		405
4.2 Tax Incentives for Mining Investors and Projects		406
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		406
5. Mining Investment and Finance		406
5.1 Attracting Investment for Mining		406
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		407
5.3 International Treaties Related to Exploration and Mining		407
5.4 Sources of Finance for Exploration, Development and Mining		408
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		408
5.6 Security over Mining Tenements and Related Assets		408
6. Mining: Outlook and Trends		408
6.1 Two-Year Forecast for the Mining Sector		408
1. Mining Law: General Framework		419
1.1 Main Features of the Mining Industry		419
1.2 Legal System and Sources of Mining Law		419
1.3 Ownership of Mineral Resources		420
1.4 Role of the State in Mining Law and Regulations		420
1.5 Nature of Mineral Rights		420
1.6 Granting of Mineral Rights		421
1.7 Mining: Security of Tenure		421
2. Impact of Environmental Protection and Community Relations on Mining Projects		423
2.1 Environmental Protection and Licensing of Mining Projects		423
2.2 Impact of Environmentally Protected Areas on Mining		423
2.3 Impact of Community Relations on Mining Projects		423
2.4 Prior and Informed Consultation on Mining Projects		424
2.5 Impact of Specially Protected Communities on Mining Projects		424
2.6 Community Development Agreement for Mining Projects		424
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		424
2.8 Illegal Mining		424
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		425
3. Climate Change, Energy Transition and Sustainable Development in Mining		425
3.1 Climate Change Effects		425
3.2 Climate Change Legislation and Proposals Related to Mining		426
3.3 Sustainable Development Initiatives Related to Mining		426
3.4 Energy-Transition Minerals		426
4. Taxation of Mining and Exploration		427
4.1 Mining and Exploration Duties, Royalties and Taxes		427
4.2 Tax Incentives for Mining Investors and Projects		427
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		427
5. Mining Investment and Finance		428
5.1 Attracting Investment for Mining		428
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		428
5.3 International Treaties Related to Exploration and Mining		428
5.4 Sources of Finance for Exploration, Development and Mining		428
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		428
5.6 Security over Mining Tenements and Related Assets		428
6. Mining: Outlook and Trends		429
6.1 Two-Year Forecast for the Mining Sector		429
1. Mining Law: General Framework		439
1.1 Main Features of the Mining Industry		439
1.2 Legal System and Sources of Mining Law		440
1.3 Ownership of Mineral Resources		440
1.4 Role of the State in Mining Law and Regulations		440
1.5 Nature of Mineral Rights		441
1.6 Granting of Mineral Rights		441
1.7 Mining: Security of Tenure		441
2. Impact of Environmental Protection and Community Relations on Mining Projects		443
2.1 Environmental Protection and Licensing of Mining Projects		443
2.2 Impact of Environmentally Protected Areas on Mining		443
2.3 Impact of Community Relations on Mining Projects		444
2.4 Prior and Informed Consultation on Mining Projects		444
2.5 Impact of Specially Protected Communities on Mining Projects		444
2.6 Community Development Agreement for Mining Projects		444
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		444
2.8 Illegal Mining		445
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		445
3. Climate Change, Energy Transition and Sustainable Development in Mining		445
3.1 Climate Change Effects		445
3.2 Climate Change Legislation and Proposals Related to Mining		446
3.3 Sustainable Development Initiatives Related to Mining		447
3.4 Energy-Transition Minerals		447
4. Taxation of Mining and Exploration		447
4.1 Mining and Exploration Duties, Royalties and Taxes		447
4.2 Tax Incentives for Mining Investors and Projects		449
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		450
5. Mining Investment and Finance		450
5.1 Attracting Investment for Mining		450
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		451
5.3 International Treaties Related to Exploration and Mining		451
5.4 Sources of Finance for Exploration, Development and Mining		451
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		451
5.6 Security over Mining Tenements and Related Assets		451
6. Mining: Outlook and Trends		452
6.1 Two-Year Forecast for the Mining Sector		452
1. Mining Law: General Framework		462
1.1 Main Features of the Mining Industry		462
1.2 Legal System and Sources of Mining Law		462
1.3 Ownership of Mineral Resources		463
1.4 Role of the State in Mining Law and Regulations		463
1.5 Nature of Mineral Rights		464
1.6 Granting of Mineral Rights		464
1.7 Mining: Security of Tenure		464
2. Impact of Environmental Protection and Community Relations on Mining Projects		465
2.1 Environmental Protection and Licensing of Mining Projects		465
2.2 Impact of Environmentally Protected Areas on Mining		465
2.3 Impact of Community Relations on Mining Projects		466
2.4 Prior and Informed Consultation on Mining Projects		466
2.5 Impact of Specially Protected Communities on Mining Projects		466
2.6 Community Development Agreement for Mining Projects		466
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		467
2.8 Illegal Mining		467
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		467
3. Climate Change, Energy Transition and Sustainable Development in Mining		468
3.1 Climate Change Effects		468
3.2 Climate Change Legislation and Proposals Related to Mining		468
3.3 Sustainable Development Initiatives Related to Mining		468
3.4 Energy-Transition Minerals		468
4. Taxation of Mining and Exploration		468
4.1 Mining and Exploration Duties, Royalties and Taxes		468
4.2 Tax Incentives for Mining Investors and Projects		469
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		469
5. Mining Investment and Finance		469
5.1 Attracting Investment for Mining		469
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		470
5.3 International Treaties Related to Exploration and Mining		470
5.4 Sources of Finance for Exploration, Development and Mining		470
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		471
5.6 Security over Mining Tenements and Related Assets		471
6. Mining: Outlook and Trends		471
6.1 Two-Year Forecast for the Mining Sector		471
1. Mining Law: General Framework		476
1.1 Main Features of the Mining Industry		476
1.2 Legal System and Sources of Mining Law		476
1.3 Ownership of Mineral Resources		477
1.4 Role of the State in Mining Law and Regulations		477
1.5 Nature of Mineral Rights		477
1.6 Granting of Mineral Rights		477
1.7 Mining: Security of Tenure		478
2. Impact of Environmental Protection and Community Relations on Mining Projects		478
2.1 Environmental Protection and Licensing of Mining Projects		478
2.2 Impact of Environmentally Protected Areas on Mining		479
2.3 Impact of Community Relations on Mining Projects		480
2.4 Prior and Informed Consultation on Mining Projects		480
2.5 Impact of Specially Protected Communities on Mining Projects		480
2.6 Community Development Agreement for Mining Projects		481
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		481
2.8 Illegal Mining		481
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		481
3. Climate Change, Energy Transition and Sustainable Development in Mining		482
3.1 Climate Change Effects		482
3.2 Climate Change Legislation and Proposals Related to Mining		482
3.3 Sustainable Development Initiatives Related to Mining		483
3.4 Energy-Transition Minerals		483
4. Taxation of Mining and Exploration		484
4.1 Mining and Exploration Duties, Royalties and Taxes		484
4.2 Tax Incentives for Mining Investors and Projects		484
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		484
5. Mining Investment and Finance		485
5.1 Attracting Investment for Mining		485
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		485
5.3 International Treaties Related to Exploration and Mining		485
5.4 Sources of Finance for Exploration, Development and Mining		486
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		486
5.6 Security over Mining Tenements and Related Assets		486
6. Mining: Outlook and Trends		486
6.1 Two-Year Forecast for the Mining Sector		486
1. Mining Law: General Framework		492
1.1 Main Features of the Mining Industry		492
1.2 Legal System and Sources of Mining Law		492
1.3 Ownership of Mineral Resources		492
1.4 Role of the State in Mining Law and Regulations		493
1.5 Nature of Mineral Rights		493
1.6 Granting of Mineral Rights		493
1.7 Mining: Security of Tenure		494
2. Impact of Environmental Protection and Community Relations on Mining Projects		496
2.1 Environmental Protection and Licensing of Mining Projects		496
2.2 Impact of Environmentally Protected Areas on Mining		496
2.3 Impact of Community Relations on Mining Projects		497
2.4 Prior and Informed Consultation on Mining Projects		498
2.5 Impact of Specially Protected Communities on Mining Projects		498
2.6 Community Development Agreement for Mining Projects		498
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		498
2.8 Illegal Mining		499
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		499
3. Climate Change, Energy Transition and Sustainable Development in Mining		499
3.1 Climate Change Effects		499
3.2 Climate Change Legislation and Proposals Related to Mining		499
3.3 Sustainable Development Initiatives Related to Mining		500
3.4 Energy-Transition Minerals		500
4. Taxation of Mining and Exploration		500
4.1 Mining and Exploration Duties, Royalties and Taxes		500
4.2 Tax Incentives for Mining Investors and Projects		500
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		501
5. Mining Investment and Finance		501
5.1 Attracting Investment for Mining		501
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		502
5.3 International Treaties Related to Exploration and Mining		502
5.4 Sources of Finance for Exploration, Development and Mining		502
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		502
5.6 Security over Mining Tenements and Related Assets		502
6. Mining: Outlook and Trends		502
6.1 Two-Year Forecast for the Mining Sector		502
1. Mining Law: General Framework		511
1.1 Main Features of the Mining Industry		511
1.2 Legal System and Sources of Mining Law		512
1.3 Ownership of Mineral Resources		513
1.4 Role of the State in Mining Law and Regulations		513
1.5 Nature of Mineral Rights		514
1.6 Granting of Mineral Rights		514
1.7 Mining: Security of Tenure		514
2. Impact of Environmental Protection and Community Relations on Mining Projects		517
2.1 Environmental Protection and Licensing of Mining Projects		517
2.2 Impact of Environmentally Protected Areas on Mining		518
2.3 Impact of Community Relations on Mining Projects		519
2.4 Prior and Informed Consultation on Mining Projects		519
2.5 Impact of Specially Protected Communities on Mining Projects		519
2.6 Community Development Agreement for Mining Projects		519
2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations		520
2.8 Illegal Mining		521
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects		521
3. Climate Change, Energy Transition and Sustainable Development in Mining		522
3.1 Climate Change Effects		522
3.2 Climate Change Legislation and Proposals Related to Mining		522
3.3 Sustainable Development Initiatives Related to Mining		523
3.4 Energy-Transition Minerals		524
4. Taxation of Mining and Exploration		524
4.1 Mining and Exploration Duties, Royalties and Taxes		524
4.2 Tax Incentives for Mining Investors and Projects		525
4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects		526
5. Mining Investment and Finance		527
5.1 Attracting Investment for Mining		527
5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors		527
5.3 International Treaties Related to Exploration and Mining		528
5.4 Sources of Finance for Exploration, Development and Mining		528
5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining		529
5.6 Security over Mining Tenements and Related Assets		529
6. Mining: Outlook and Trends		530
6.1 Two-Year Forecast for the Mining Sector		530

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