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Getting The Deal Through

Mining

Published: July 2018

Thailand


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  • 1.

    What is the nature and importance of the mining industry in your country?

  • 2.

    What are the target minerals?

  • 3.

    Which regions are most active?

  • 4.

    Is the legal system civil or common law-based?

  • 5.

    How is the mining industry regulated?

  • 6.

    What are the principal laws that regulate the mining industry? What are the principal regulatory bodies that administer those laws? Were there any major amendments in the past year?

  • 7.

    What classification system does the mining industry use for reporting mineral resources and mineral reserves?

  • 8.

    To what extent does the state control mining rights in your jurisdiction? Can those rights be granted to private parties and to what extent will they have title to minerals in the ground? Are there large areas where the mining rights are held privately or which belong to the owner of the surface rights? Is there a separate legal regime or process for third parties to obtain mining rights in those areas?

  • 9.

    What information and data are publicly available to private parties that wish to engage in exploration and other mining activities? Is there an agency which collects mineral assessment reports from private parties? Must private parties file mineral assessment reports? Does the agency or the government conduct geoscience surveys, which become part of the database? Is the database available online?

  • 10.

    What mining rights may private parties acquire? How are these acquired? What obligations does the rights holder have? If exploration or reconnaissance licences are granted, does such tenure give the holder an automatic or preferential right to acquire a mining licence? What are the requirements to convert to a mining licence?

  • 11.

    What is the regime for the renewal and transfer of mineral licences?

  • 12.

    What is the typical duration of mining rights?

  • 13.

    Is there any distinction in law or practice between the mining rights that may be acquired by domestic parties and those that may be acquired by foreign parties?

  • 14.

    How are mining rights protected? Are foreign arbitration awards in respect of domestic mining disputes freely enforceable in your jurisdiction?

  • 15.

    What types of surface rights may mining rights holders request and acquire? How are these rights acquired? Can surface rights holders oppose these requests?

  • 16.

    Does the government or do state agencies have the right to participate in mining projects? Is there a local listing requirement for the project company?

  • 17.

    Are there provisions in law dealing with government expropriation of licences? What are the compensation provisions?

  • 18.

    Are any areas designated as protected areas within your jurisdiction and which are off-limits or specially regulated?

  • 19.

    What duties, royalties and taxes are payable by private parties carrying on mining activities? Are these revenue-based or profit-based?

  • 20.

    What tax advantages and incentives are available to private parties carrying on mining activities?

  • 21.

    Does any legislation provide for tax stabilisation or are there tax stabilisation agreements in force?

  • 22.

    Is the government entitled to a carried interest, or a free carried interest in mining projects?

  • 23.

    Are there any transfer taxes or capital gains imposed regarding the transfer of licences?

  • 24.

    Is there any distinction between the duties, royalties and taxes payable by domestic parties and those payable by foreign parties?

  • 25.

    What are the principal business structures used by private parties carrying on mining activities?

  • 26.

    Is there a requirement that a local entity be a party to the transaction?

  • 27.

    Are there jurisdictions with favourable bilateral investment treaties or tax treaties with your jurisdiction through which foreign entities will commonly structure their operations in your jurisdiction?

  • 28.

    What are the principal sources of financing available to private parties carrying on mining activities? What role does the domestic public securities market play in financing the mining industry?

  • 29.

    Does the government, its agencies or major pension funds provide direct financing to mining projects?

  • 30.

    Describe the regime for taking security over mining interests.

  • 31.

    What restrictions are imposed on the importation of machinery and equipment or services required in connection with exploration and extraction?

  • 32.

    Which standard conditions and agreements covering equipment supplies are used in your jurisdiction?

  • 33.

    What restrictions are imposed on the processing, export or sale of minerals? Are there any export quotas, licensing or other mechanisms that prevent producers from freely exporting their production?

  • 34.

    What restrictions are imposed on the import of funds for exploration and extraction or the use of the proceeds from the export or sale of minerals?

  • 35.

    What are the principal environmental laws applicable to the mining industry? What are the principal regulatory bodies that administer those laws?

  • 36.

    What is the environmental review and permitting process for a mining project? How long does it normally take to obtain the necessary permits?

  • 37.

    What is the closure and remediation process for a mining project? What performance bonds, guarantees and other financial assurances are required?

  • 38.

    What are the restrictions for building tailings or waste dams?

  • 39.

    What are the principal health and safety and labour laws applicable to the mining industry? What are the principal regulatory bodies that administer those laws?

  • 40.

    What are the rules related to management and recycling of mining waste products? Who has title and the right to explore and exploit mining waste products in tailings ponds and waste piles?

  • 41.

    What restrictions and limitations are imposed on the use of domestic and foreign employees in connection with mining activities?

  • 42.

    What are the principal community engagement or CSR laws applicable to the mining industry? What are the principal regulatory bodies that administer those laws?

  • 43.

    How do the rights of aboriginal, indigenous or currently or previously disadvantaged peoples affect the acquisition or exercise of mining rights?

  • 44.

    What international treaties, conventions or protocols relating to CSR issues are applicable in your jurisdiction?

  • 45.

    Describe any local legislation governing anti-bribery and corrupt practices.

  • 46.

    Do companies in your country pay particular attention to any foreign legislation governing anti-bribery and foreign corrupt practices in your jurisdiction?

  • 47.

    Has your jurisdiction enacted legislation or adopted international best practices regarding disclosure of payments by resource companies to government entities in accordance with the Extractive Industries Transparency Initiative (EITI) Standard?

  • 48.

    Are there any foreign ownership restrictions in your jurisdiction relevant to the mining industry?

  • 49.

    What international treaties apply to the mining industry or an investment in the mining industry?

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Chandler and Thong-ek Law Offices Ltd. was established in 1974, and integrated its practice with Mori Hamada & Matsumoto to create Chandler MHM Limited (“CMHM”) in January 2017.

View more information about Chandler MHM Limited


Bangkok
7th–9th, 12th and 16th Floors, Bubhajit Building
20 North Sathorn Road, Silom, Bangrak
10500
Bangkok
Thailand
T: +66 2 266 6485
F: +66 2 266 6483 / 4


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