Mining

Developments within the mining industry have sustained the high demand for energy, chemical and metallic raw materials.

Despite the continuing development of a decarbonization policy, hard coal and brown coal remain an important source of energy. On the other hand, decarbonization creates opportunities to develop Clean Coal Technologies.

The development of electromobility, energy storage and electronic devices has increased the demand for rare earth elements.

The digitization of technological processes also represents a new challenge for the ongoing development of the mining industry.

 

Demand for precious metals is increasing, given their wide use in commerce. The development of the new technologies industry or electromotive industry would be impossible without using rare earth elements.

Despite the diversification of energy sources, hard coal and brown coal will continue to play an important role. Furthermore, the decarbonization policy opens the way to developing Clean Coal Technologies.

Continued infrastructure investments ensure that aggregates are in constant demand.

The mining industry faces a tremendous challenge in the guise of mine digitization, including automated production processes and the real-time digital management of entire stocks of deposits.

How can we help?

We provide legal and financial advice in relation to economic activity associated with exploration, identification and extraction of natural resources, as well as the accompanying issues of joint ventures – agreements of entrepreneurs, environmental protection, investment process, tenders and public procurements.


Our advice in the field of natural resources includes:

  • Ongoing supervision of licensing procedures regarding agreements and opinions issued by the competent national and local government authorities
  • Preparing licensing applications for the prospecting and exploration of natural deposits and mining raw materials including natural gas, crude oil, methane from hard coal deposits, brown coal, copper, dolomite, aggregates and other natural resources
  • Ensuring compliance with procedures for modifying or transferring licenses
  • Preparing documentation required to approve operational plans, geological work, geological documentation, etc
  • Legal support in the establishment of cooperation between entities on the basis of cooperation agreements, as well as ensuring compliance with Polish law
  • Representing clients during negotiations with competitive entities regarding the division of concession areas based on geography and subject matters
  • Preparing memoranda and opinions on prospecting and production operations and monitoring compliance with the law applicable to such operations
  • Helping clients to acquire legal title to real estate on which mining operations are to be performed
  • Proposing legislative amendments to currently applicable rules in the mining sector
  • Preparing tender documentation in cases concerning sectoral public procurement
  • Training clients’ management and staff on legal or tax issues affecting their daily work.

Experience

Advising the largest Polish mining group in the oil & gas sector on various administrative proceedings, including licensing procedures, procedures for obtaining decisions on environmental conditions, procedures concerning waste management etc.

Representing client during licensing procedures and more than one hundred court and administrative proceedings. Such representation led to such successes as achieving unprecedented safeguards on our client’s ability to access land for mining purposes and winning litigation which resulted in documentation of a brown coal deposit having a capacity of a billion tons.

Designing and implementing financing models for shale gas prospecting operations (involving various models of legal forms of companies, JV financing etc.) for companies within the largest global group from the oil &gas sector.

Advising New York PE fund (which is active on the metal ore prospecting and mining market) on buying-out a minority shareholder (an Australia-based mining company) from a company which performed joint ventures involving prospecting for natural metal deposits in Poland.

Advising on competitive licensing procedures concerning copper and silver prospecting and extraction concessions in Poland.

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Piotr Spaczyński

Piotr Spaczyński

Managing Partner

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Anita Palukiewicz

Anita Palukiewicz

Partner

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