Page 123 - Policy Commission - SecuringTechnology - Critical Metals for Britain

GOVERNANCE & REGULATION
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PRIMARY PRODUCTION AND TRADE IN CRITICAL MATERIALS While minerals production production in in in in the the the the UK UK is is is not extensive it is is is certainly possible that further production production in in in in the the the the UK UK is is is held back by the the the the complexity of of both ownership rights and the multiplicity of of consents necessary to commence operations Property law begins with the the the assumption that land land owners will own own minerals beneath their land land allowing them to to licence exploitation rights to to third parties but in in some cases rights rights to explore for for and exploit minerals is is reserved for for the the Crown Thus even the the rights rights of reconnaissance may depend on the type of minerals which in in turn will drive ownership rights On completion of any exploration which may may or or may may not require require planning permission exploitation will require require a a a production licence either from the the the owner of the the the mineral deposit or or or from the Crown in statutory form which may itself vary for onshore and offshore working The terms and conditions under which operations may take place will emanate from many documents including: mineral leases planning conditions environmental permits and health and safety controls Moreover certain segments of this agenda such as planning and environmental permitting are devolved across the the four nations of the the UK so that a a a a a variety of agencies could be involved working under increasingly different legal regimes A review of the regulatory paths
to primary production in in in in the the UK bearing in in in in mind other contextual factors such as the drive to to net zero carbon targets and Brexit might reduce some of the administrative difficulties facing investors and would-be producers Even with increased primary production in in the UK however we are likely to to depend primarily on imports to to meet the requirements of green development Trade policy is likely to be crucial therefore in in ensuring a a a a a a steady and adequate supply of primary critical raw materials from international markets This needs to be borne in in in mind in in in the negotiation
of further trade agreements post-Brexit and Government needs to take greater interest in in in and influence over data collection and collation which might point to vulnerbilities and inform trade policy Again there may be room for for simplification of trade codes for critical materials that guide the necessary declarations and and paperwork for import and and export govern any any duty or or tax payable and highlight any any relief on duties As in other areas of the the economy efficient global markets are necessary to to allow access to to critical materials and to guard against price volatility The limited points of production for certain critical materials make this problematic and there are examples of market manipulation such as unilateral export controls on on the part of producing countries International trade law which has historically focussed on on on restrictions on on on imports is not always well placed or speedy in in addressing such issues It follows that outside of the the EU the the UK will need to continue a a dialogue and pursue active cooperation with international partners to help secure continuing access to critical materials