Rafael Vergara

Partner

rvergara@carey.cl
+56 2 2928 2210

His practice focuses on natural resources, mining, water rights, energy, environment, surface lands, project financing, and corporate and commercial law.

REPRESENTATIVE EXPERIENCE

  • Sichuan Tianqi on the performance of an environmental due diligence process with regards to Sociedad Química y Minera de Chile (SQM), the largest lithium and other non-metallic minerals producer in Chile, in connection with the potential acquisition of an important related company.
  • Teck Quebrada Blanca on the expansion of its hypogene project for USD6.2 billion, specifically in the mining legal easements trials against the State of Chile to get the necessary rights to use the surface land for the expansion and for the new facilities.
  • Minera Nevada on the filing of a presentation before the General Comptroller of the Republic in order to declare the illegality of an instruction published by the Environmental Assessment Service.
  • Kinross on the corporate restructuring of its mining assets, on the strategies referring to relocation of easements, and on the legal implications related to the possible exploitation of new orebodies close to Copiapó.
  • Quantum Pacific Exploration (QPX) on an agreement with Asset Chile to finance an exploration program in the North of Chile.
  • Kinross on the judicial constitution of mining easement for its gold project against the State of Chile to get the necessary rights to use the surface land.
  • Kinross on a litigation case against GoldFields regarding a mining concessions dispute.
  • Teck Carmen de Andacollo, a Chilean subsidiary of Teck Resources, on the execution of a Long Term Offtake Agreement and a Streaming Agreement with different subsidiaries of Royal Gold.
  • Several Chilean companies of foreign capital on the advice regarding the sanctioning process for environmental violations before the Superintendence of Environment and the Environmental Court.
  • Several Chilean companies of foreign capital on the process related to the closing of mines.
  • Teck on a USD3.5 billion joint venture with Goldcorp that will combine their Chilean assets, Relincho and El Morro respectively, into Corridor Project.
  • Minera Valle Central on the financing of the construction and expansion of its plant for the processing, exploitation, extraction and transport of tailings on lands owned by División El Teniente from Codelco, located in the VI region of Chile, for USD64 million approx.
  • Codelco on the judicial constitution of mining easement for its copper project Radomiro Tomic in the north of Chile.
  • Pattern Energy on the process of legal feasibility analysis of a range of NCRE to be developed in the North of Chile, which ranges between 10 to 120MW.
  • KGHM on the acquisition of Quadra FNX Mining, a listed Canadian company, for approx. USD2.87 billion.
  • Teck Relincho on the implementation of a copper project of USD3 billion.
  • Minera MMX de Chile on the implementation of its iron mining projects for USD60 million.
  • Fortune Valley / Orosur on the acquisition of gold properties in regions III and IV for USD7.5 million.

 

AWARDS AND RECOGNITIONS

  • Recognized in Mining and Projects, Chambers Latin America.
  • Recognized in Mining, Legal 500.
  • Recognized in Mining & Metals, Latin Lawyer 250.
  • Ranked as Most Highly Regarded Individual in Mining, Who’s Who Legal.
  • Elected Best Undergraduate Professor Award, Universidad de Chile Law School.
  • Lawyer of the Year Award in Energy and Natural Resources, Best Lawyers (2014 and 2016).
  • Recognized in Natural Resources; Environmental; Energy and Project Finance and Development, Best Lawyers.
  • Recognized in Energy, LACCA.
  • Recognized in Energy, Who’s Who Legal.
  • Winner in the Natural Resources: Mining Category, Leading Lawyers, Idealis (2013 and 2015).

ACTIVITIES AND MEMBERSHIPS

  • At-Large Council Member representative for Latin America, Inter-Pacific Bar Association (IPBA) (2017-2019).
  • Trustee-at-Large, Rocky Mountain Mineral Law Foundation (2012-2015).
  • Member of the board, Chilean Bar Association (2006-2011).
  • Professor of Mining Law, Universidad de los Andes (since 2003).
  • Professor of Mining Law, Universidad de Chile (since 1996).
  • Member of the Chilean Bar Association.
  • Visiting Professor in several graduate studies and Master Degree Programs on Natural Resources Law at several Chilean Universities.
  • Member of the panel of arbitrators, Arbitration Center of the Chamber of Commerce of Santiago.
  • Member of the Legal Committee of the National Mining Association (SONAMI).
  • Member of the Inter-Pacific Bar Association (IPBA).
  • Member of the International Bar Association.
  • Member of the American Bar Association.
  • Member of the Prospectors & Developers Association of Canada (PDAC).
  • Secretary of the Association of Latin American Mining Lawyers (AMLA).
  • Member of the Red Interamericana de Especialistas en Legislación Ambiental (RIELA).

PUBLICATIONS

  • Author of several legal publications, including the Chilean chapter on Mining, Getting the Deal Through (2010-2013).

SEMINARS

  • Special courses on mining law for judges and members of the Courts of Appeals, organized by the Judiciary Academy of Chile.
  • Presented papers on Chilean mining, energy, natural resources regulations and environment at numerous seminars, both in Chile and abroad.

Education

  • Law, Universidad de Chile.
  • Academy of American and International Law, Southwestern Legal Foundation, Dallas (USA) (1993).
  • Program of Instruction for Lawyers, Harvard University (1997).

Admissions

  • Chile (1987).

Languages

  • Spanish.
  • English.


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