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Mining and Minerals

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The CMS Mining and Minerals team advises miners, manufacturers, regulatory bodies, financiers, construction and engineering entities and service providers in the mining and minerals sector. Operating in key markets in Europe and China, and mining regions in Latin America, Africa and Asia-Pacific, CMS’ international reach means we are able to provide a seamless cross-border service and legal advice on the corporate, finance, development and regulatory aspects of mining and mineral processing and logistics projects. Our Mining and Minerals Team are passionate about this dynamic sector and understand the political risks, cultural nuances and micro and macro factors that could impact your mining projects.

With the transition to renewable energy sources and electrification, it is estimated that to hit net-zero globally by 2050, six times more mineral inputs would be required in 2040 than today. The increasing necessity of decarbonisation and the distinct challenges for mining, processing and recycling certain minerals means that policy makers, businesses and societies alike need to monitor the regulatory landscape and regularly review potential vulnerabilities throughout their supply-chains.

26/06/2023
Our Mining & Mineral Practice
Sector-focused legal advice for the full lifecycle of your mining project From preliminary negotiations with government bodies to secure crucial mining titles, through to project development, financing...
05/07/2023
Deep sea mining: a new source of transition minerals
The energy transition has accelerated demand for a range of minerals required for batteries and renewable energy application, and has heightened global concerns over resource security. Accordingly, accessing the rich abundance of minerals that exist
07/12/2023
COP28: how the law can unite, act and deliver the UN SDGs
The law, and the work of lawyers, should enable countries, communities and companies to deliver the changes needed to achieve the UN SDGs and the Paris Agreement. As COP28 urges us to unite, act and deliver, Advocates for International Development (A

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12/03/2024
Significant steps taken to implement Early Competition in onshore transmission...
On 20th February 2024 the Electricity (Criteria for Relevant Electricity Projects) (Transmission) Regulations (the “Reg­u­la­tions”) were published. Due to come into force on 12th March 2024, the Regulations...
12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
11/03/2024
Wasting more than food? Oven ready contributions to emissions reductions...
For many years at EU and UK level the contribution of waste, including food waste, to greenhouse gas (GHG) emissions has been well understood both in terms of emissions as part of the waste process but...
01/03/2024
Environmental and social factors in mining: a spotlight on Colombia
Environmental and social considerations have been critical to the business of mining since long before the term ESG gained its current popularity. Mining activities are politically sensitive because they...
23/02/2024
The CBAM – what is it and how will it affect the market?
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1...
23/02/2024
Scottish wildcat group’s challenge to windfarm permission unsuccessful
Wildcat Haven, a community interest company, sought to challenge the decision of the Scottish Ministers to grant permission for construction of a new wind farm at Clashindarroch Forest in Aberdeenshire...
05/02/2024
Seeing the wood for the trees: Government updates Consultation Direction...
On 26 January, the Government introduced a new duty requiring local planning authorities to consult the Secretary of State regarding developments that impact ancient woodland. For many years, a direction...
01/02/2024
UK Government consults on AR7 and future CfD Allocation Rounds
1. In­tro­duc­tionOn 11 January 2024, the Department for Energy, Security and Net Zero (“DESNZ”) published a consultation seeking views and supporting evidence on the proposed changes to the seventh...
31/01/2024
A long time coming: DESNZ publishes long duration storage consultation
The Government’s long duration electricity storage consultation, published on 9 January 2024 (the “Con­sulta­tion”), aims to address the challenges and opportunities associated with investment into...
29/01/2024
Carbon Assessments and Infrastructure – Implications for Government planning...
On 4 February 2021, the Scottish Government (“SG”) published its Infrastructure Investment Plan for Scotland 2021-22 to 2025-26 (“IIP”).  In September 2023, the SG admitted that it was in breach...
29/01/2024
Nuclear Power Generation Beyond 2025: Consultation begins for a new National...
On 11 January, the Department for Energy Security and Net Zero (DESNZ) opened a consultation (see link here) seeking views on the proposed policy approach for a new nuclear National Policy Statement (NPS)...
19/01/2024
Greenwashing: Stricter EU rules on environmental marketing ban misleading...
On 17 January 2024, the European Parliament voted to adopt the Directive on Empowering Consumers for the Green Transition (the ECGT Directive), which seeks to protect consumers from various misleading...