Foreign participation is possible, but the route depends on the mineral, the location and the government's policy for that resource. Licences and leases under the minerals legislation are granted by the authorities after an application process, and conditions can include work programmes, financial capacity and local participation. For deposits already held by state-owned companies, foreign investors usually participate through contracts or joint ventures rather than holding tenure directly. We review the target project, confirm the current policy and licensing position, and advise on the structure most likely to secure approval and protect the investor's position over the project's life.

Bangladeshi law treats these activities differently. Mining leases generally cover the extraction of minerals through underground or open-pit operations, while quarry leases cover surface extraction of materials such as stone, gravel and certain sands. Ordinary sand and soil, especially from rivers and farmland, are regulated under a separate leasing regime designed to protect riverbanks, embankments and agricultural land, with restrictions on where extraction can take place. Applying under the wrong regime causes delay and can expose the operator and its contractors to penalties. We confirm the correct classification before an application, contract or investment decision is made.

No. A licence or lease grants rights to explore or extract minerals, but surface land remains subject to the rights of its owners and occupiers. The project must secure access through purchase, lease or agreement, or the state may acquire land for a public project under the land acquisition legislation, with compensation payable. Title to rural land can be complex because of inheritance, incomplete records and informal occupation, so careful due diligence matters. We verify title, negotiate land agreements and advise on compensation and resettlement, which are often decisive for whether a project can proceed peacefully.

Environmental clearance from the Department of Environment is required under the Environment Conservation Act 1995 and its rules. Extractive projects are generally placed in categories requiring an initial environmental examination and a full environmental impact assessment, with public consultation, an environmental management plan and conditions on monitoring. Separate permits may be needed for water use, waste disposal and explosives. International lenders and development finance institutions will also apply their own environmental and social standards. We advise on the assessment process, review consultants' reports for legal risk, and help the project meet clearance conditions throughout construction and mining operations.

Usually through contracts awarded by tender or negotiation, such as mining services, development and operation, or equipment supply, and sometimes through joint ventures. These contracts are subject to public procurement rules and government approvals, and the state party may have limited flexibility on terms. Key issues include payment security, foreign currency payments, price adjustment, change in law, force majeure, performance guarantees and termination compensation. Dispute resolution clauses, including the seat of any arbitration, deserve particular attention. We advise bidders and contractors on tender documents, negotiate contract terms and help manage the relationship with state counterparties once the contract is running.

Royalties are payable at rates that depend on the mineral and are set by rules and government notifications. Income tax, VAT, customs duties on imported equipment and withholding tax on payments to contractors and non-residents also apply, and incentives may be available in some cases. Rates and notifications change, so the current position should be confirmed for each project. Disputes can arise over valuation, classification of minerals and the timing of payments. We advise on the fiscal terms of mining projects, model the effect of tax and royalty provisions in contracts and represent clients in assessments and appeals.

Interest in critical minerals, including heavy mineral sands found along the coast, has grown, and the government has explored the resource through state bodies. Whether, and on what terms, private or foreign investors can participate depends on policy decisions, the institutions responsible for the resource and the applicable licensing framework, some of which involve specialised regulators. The position can change with new policy announcements. We monitor developments, advise investors on realistic entry routes such as technical partnerships or processing ventures, and structure arrangements that comply with the law and protect commercial interests in any mining or processing project.

Domestic law provides several protections. Licence cancellations must follow the statutory procedure, and decisions can be challenged through appeals or by writ petition in the High Court Division where the authority acted unlawfully, unfairly or beyond its powers. Contract claims against state entities can be pursued under the contract's dispute resolution clause, often arbitration. Foreign investors may also be protected by a bilateral investment treaty between Bangladesh and their home state, which can provide international arbitration for expropriation or unfair treatment. We assess each layer of protection and act quickly, because deadlines and notice requirements can be short.