Mining Law

Our services in this area combine a high degree of specialization in Mining Law, with vast experience in water law, environmental and public law, and highly complex cases. Therefore, we can thoroughly and effectively advise the industry on ever more challenging affairs, such as those entailing operational risks for the development or continuity of mining projects, all with superb results.

We advise our clients throughout every stage of a mining project, including strategic project planning, financing, exploration, development, and mine closure. Particularly, services provided by Carcelén, Desmadryl, Guzmán, & Tapia include assistance with the filing of projects before the Environmental Impact Assessment System (Sistema de Evaluación de Impacto Ambiental, SEIA) and the necessary following up, establishing mining concessions and easements, negotiating financing contracts and other mining specific contracts, as well as negotiating with the State and surface land owners.

Together with our in-house dispute resolution team, the mining department at Carcelén, Desmadryl, Guzmán, & Tapia represents clients in diverse conflicts in the mining industry, in litigation before environmental courts, in trials pertaining to construction of large-scale engineering works, in industrial ownership conflicts, in civil liability trials resulting from accidents at mine sites, in the fulfillment of procurement contracts, and in trials for opposition, expiration, and annulment of mining concessions, among others.

Internationally we have supported mining regulation projects for different countries and governments, multilateral organizations, and cooperation agencies. Among these projects, it is worth highlighting we have provided standout advisory services to the following governments, agencies, and businesses:

  • Government of Ecuador.
  • The Small-Scale Mining project of the Swiss Cooperation Agency in Mongolia.
  • World Bank team of consultants to support Colombia in the design and drafting of regulatory framework in the mining industry.
  • Adam Smith International and GAF to advise the Ministry of Mines and Petroleum of Afghanistan in the drafting of a new mining law and its regulation, as well providing mining contract models and other public policies to attract private sector investment.
  • Bilateral Treaty between Chile and Argentina, where we have advised on the qualification of a mining project for the treaty.
  • International corporations, where we lead their international exploration projects, diplomatic and governmental relations, as well as for managing the local teams of attorneys, environmental and social advisors.

In 2014, we were advisors to the Chambers of Deputies of Chile (Cámara de Diputados de Chile) in the drafting a bill which regulates small-scale mining.

The mining practice of Carcelén, Desmadryl, Guzmán & Tapia is led by partner Jerónimo Carcelén, who has been consecutively recognized by Chambers & Partners, Legal 500, Best Lawyers, Leading Lawyers, and Who’s Who, as one of best lawyers in mining law in Chile.