Unlocking the value from mineral deposits requires striking the right balance between the commercial interests of the operator and the long-term interests of the landowner. It is often, therefore, in the best interests of both parties to work collaboratively where possible, in order to achieve best value.
While operators are keen to get a “spade in the ground” and commence extraction, landowners’ priorities are often more long term as they look beyond simply receiving rent and royalties to the restoration and aftercare of their land. Both parties also have to navigate many inextricably linked considerations such as planning, environmental sensitivities, regulatory compliance and legal issues.
Our team advises, guides and acts for major national and international industry players, landowners and regulatory bodies.
Accordingly, members of the team are able to empathise with the requirements and priorities of both landowners and the operators that are seeking to extract minerals and aggregates from their land. The team also appreciates that each client in the mining, minerals, quarrying and land resources sector faces increasingly complex legal issues.
Our expertise includes:
- minerals extraction leases
- mineral purchase agreements
- option agreements
- infill/tipping agreements
- prospecting licences
- aftercare licences
- planning agreements
- exclusivity agreements
- waste disposal agreements
Our mining, minerals and land resources experts specialise in acting for clients within the minerals sector, advising both landowners and companies operating in the industry on the management and extraction of mineral deposits.
Our experience includes acting for a range of clients, including:
- advising Natural Resources Wales on a claim against the ownership of mineral rights over large areas of forestry land, involving questions of ancient land law dating back to the Norman Conquest and differing types of land tenure.
- a multinational aggregates operator in securing from multiple landowners an extension for one of its existing quarries.
- a national aggregates producer in securing new quarrying sites and dealing with the restoration, surrender and aftercare of existing sites.
- a regional operator in taking an extension to one of its existing quarries.
- a landowner in the grant of a mineral lease to a national operator.
- a landowner on the sale of an existing quarry to another operator.
- a landowner on a disputed restoration and aftercare settlement.
The team acts not only for those directly involved in the mining, minerals, quarrying and land resources sector but also for those in industries affected by them, such as construction, planning and commercial property.
The team’s approach is sector-focused and cross-disciplinary, providing each client with a complete spectrum of the relevant skills and expertise tailored to their individual circumstances and commercial requirements. The team is also highly experienced in identifying and addressing potential conflict early on and dealing with disputes if and when they arise.
Members of the Mining, Minerals and Land Resources team work closely with their Commercial Property, Planning, Property Dispute Resolution and Construction colleagues, while also drawing upon expertise from the Agriculture, Environmental Regulation, Energy & Renewables, Regulatory, and Trusts departments.
This in-depth collaborative understanding and expertise has positioned us as one of the leading firms in this field.
Richard is a Partner in our Commercial Property team based in London. Richard has a broad general commercial property experience including advising on landlord and tenant matters, acquisitions and disposals, estate management work and secured lending on behalf of lenders.
Richard also specialises in acting for both landowners and mineral and aggregates operating companies on the management and extraction of mineral deposits.
Richard has acted for Hills Quarry Products Limited for several years on a variety of different mineral-related matters. He has proven to be effective and professional in dealing with the sometimes complex nature of the agreements. Richard is commercial, understands the minerals sector, works hard and always takes the time to ensure he understands our requirements. Above all, he is an effective communicator on aspects which we sometimes find difficult to understand. Richard is easy and enjoyable to work with and I look forward to continuing to work with him at Hugh James.
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