Search for:

Baker McKenzie’s Global Guide to Critical Minerals examines the status and strategic legal background for critical minerals across a number key mining jurisdictions, as well as the applicable legal and regulatory framework for their extraction, highlighting the rapid change in the critical minerals space as the energy transition accelerates.

The global metals and mining industry has a vital role in energy transition, with responsibility falling on the industry to source the metals and rare earth minerals used in clean energy projects, manufacturing capacity, electric vehicles and other sustainable solutions. It is a complex role as well, with years of low profitability, capital constraints and underinvestment posing risks to the industry’s ability to address expected demand. Mining companies have also been faced with the challenge of rationalising operations and limited research budgets with growing stakeholder demands and regulatory pressures for improved environmental, social and governance (“ESG”).

In this Guide, we examine the status and strategic legal background for critical minerals in fourteen key countries. We look in brief at the part each country is playing in terms of critical minerals, as well as the applicable legal and regulatory framework for their extraction.

Global Guide to Critical Minerals

DOWNLOAD

Author

Richard Blunt is a partner in Baker McKenzie London's Corporate Department, where he leads the Energy, Mining and Infrastructure Group.

Author

Susie is a partner in Baker McKenzie London's Corporate Group and is a member of the Energy, Mining and Infrastructure team.

Author

Lewis Popoff is a partner in the Corporate and Securities Practice Group in Chicago. He advises clients on a wide range of transactional matters and has closed transactions for companies around the world in a variety of industries. Lewis is a member of the Firm’s Global Mining and Metals Industry Steering Committee. He previously served as the director of knowledge management for the Firm’s North America Corporate and Securities practice group from 2005 to 2010, where his responsibilities included advising the Firm’s clients and lawyers on best practices related to M&A.

Author

Matthew Martin is a partner in Baker McKenzie's Projects Group. Matt advises clients on the development and construction of energy, mining, infrastructure and other construction projects. He has advised on projects sited all around the world, particularly across the US, the UK, the Middle East and Sub-Saharan Africa.
Matt has been recognized in Law 360's Top Attorney's Under 40 and by Legal 500 as a lawyer who is "hands on [and] . . . into the legal detail," with "a deep commercial understanding of projects." He has practiced in the Firm's Chicago, London, Mexico City, Moscow and Toronto offices, and is admitted in Illinois, New York and England and Wales. Matt is a member of Baker McKenzie's Africa Advisory Board and the North American lead for the Africa Hub Strategy.

Author

Derek is a partner in Baker McKenzie's Corporate Markets practice group in Brisbane. Derek practices in corporate law with a focus on capital markets, including mergers and acquisitions and capital raisings, primarily in the energy and resources and technology and communications sectors.

Author

Tanya Denning, a Partner at Baker McKenzie, is a recognised expert in the energy and resources sector with over 20 years' experience and strong relationships with industry participants and regulators. She has a reputation as one of Australian's market leading experts in energy, particularly in cross border, multi-jurisdictional transaction, and projects and transaction that break new ground and require a solutions driven, innovative approach. Tanya provides an end-to-end specialist advice covering the full value chain of oil & gas (including LNG), electricity & new energy and resources, and has an acute understanding of the sensitivities and motivations of market players across these industries. Tanya has acted extensively on developing energy sector businesses; energy and resources M&A transactions; power generation (including renewables), energy storage and energy network (electricity and gas) project development, construction, operation and asset management; mining project development; wholesale energy trading and contracting (physical commodity and derivative contracts for electricity and gas including corporate PPAs, electricity retail sale, gas supply and gas transportation); connection application and agreements for the electricity grid; retail energy advisory work and contracting including new energy retail services; and energy and resources market regulatory reform and advisory work. Tanya's broad experience means that she has worked on various projects and supply, storage and transport matters across Australia and offshore, with current market knowledge of the negotiating positions and regulatory issues that arise and the solutions to address them. Tanya's experience has gained her leading recognition as Best Lawyers Australia 'Lawyer of the Year' in Oil & Gas for Melbourne from 2018 to 2020, listed in Best Lawyers Australia for 'Energy Law', 'Mining Law', 'Oil & Gas' and 'Natural Resources Law' since 2015 as well as 'Projects Lawyer of the Year', 2017 by Lawyers Weekly. Tanya is also the National President of AMPLA (Energy, Renewables & Resources Lawyers Association) and trusted advisor to several major electricity and downstream natural gas businesses operating in competitive wholesale and electricity markets.

Author

Norman is a foreign legal Consultant in the Finance & Projects practice group of HHP Law Firm. Norman's experience includes cross-border M&A, concession agreements, PSCs, project structuring, EPC contracts and gas/LNG sales agreements.

Author

Bee Chun heads the Firm's Energy, Mining & Infrastructure Practice Group in Asia Pacific and co-heads the Mergers and Acquisitions practice in Singapore. She has worked in the Firm’s offices in Hong Kong, Shanghai, Taipei and Beijing. Bee Chun practices mainly in the areas of M&A, venture capital and private equity. She was named as one of China's Top 15 Female Lawyers in 2020 by Asian Legal Business (ALB). She is also consistently recognised as a leading lawyer by IFLR1000 in the areas of mergers and acquisitions, private equity and project finance.

Author

Antonio Ortuzar Jr. is head of the Mining Practice Group for the Santiago-Chile office and Joint Coordinator of the Latin America Energy, Mining, Chemicals and Infrastructure Group, for which he contributes his significant experience in the infrastructure sector. He has been consistently ranked in Chambers and Partners as a Tier 1 attorney for Energy and Natural Resources.

Author

Adolfo has been a member of the Management Committee of Baker McKenzie’s Buenos Aires office since 2013 and the managing partner of that office since 2021. He has extensive experience working on corporate and commercial transactions for companies in the oil & gas, mining and natural resources industries. Adolfo has authored several reviews for various publications — including Sweet & Maxwell — usually involving Argentinean investments and mining.