Following recent legislative and regulatory changes, Thailand’s mining and natural resources sector has seen greater obligations placed on mining operators, tighter environmental and social protection and controls on mining projects, and substantial limitations (including certain prohibitions) imposed on foreign investment in the sector.
Coupled with recent suspensions of certain mining activities, there remains a cloud of uncertainty over the sector’s future regulatory landscape.
Siam Premier’s mining and natural resources lawyers make sense of the latest Thai legislative and policy developments and regularly assist large mining companies navigate the complex regulatory framework. Our specialized local knowledge of the Thai mining and natural resources sector extends to permit, lease and license applications and renewals, joint ventures, strategic mergers and acquisitions, and sensitive health, safety and environmental matters in relation to mining operations.
We also have experience representing large mining companies in complex and high-risk mining disputes in major Thai courts, including one of the most significant multiparty environmental disputes ever litigated in Thailand concerning alleged contamination in connection with mining operations.
Our expertise includes advising on:
- Project development agreements (EPC, EPCM)
- EIA and EHIA reports
- Health, safety and environmental law
- Joint ventures
- Litigation, arbitration and dispute resolution
- Mine closures
- Mineral processing and metallurgical processing licenses
- Mining leases
- Prospecting licenses (GPL, EPL and SPL)
- Tax
- Representing one of the largest mining companies in Thailand in multiparty litigation regarding alleged cadmium contamination of the environment from mining activities, involving thousands of plaintiffs. This case is considered as one of the largest environmental disputes ever litigated in Thailand due to the substantial claimed quantum of damages and the number of parties.
- Acting for a SET-listed mining company in administrative disputes arising from the alleged violation of the Enhancement and Conservation of the National Environmental Quality Act B.E.2535.
- Advising a private equity firm based in Hong Kong and which included conducting due diligence in relation to a potential USD 500 million acquisition for a majority stake in a mining operation in Thailand.
- Advising a large mining company in Thailand, which has its headquarters in mainland China, in conducting legal due diligence on the land owner, including and reviewed the validity and legality of the land in Thailand having a total area of approximately 1234 acres, represented by 3,142 title deeds.
- Representing a SET-listed mining and natural resources company in the Thai Bankruptcy Court in its request for rehabilitation under the Thai Bankruptcy Act, including filing objections to the request of several creditors and third parties claiming to be creditors of the company.