Reforms to the Mining Law are approved by the Chamber of Deputies

April 2023 | printable version

Executive Summary:

• On April 21, the Chamber of Deputies approved an initiative to reform several laws, including the Mining Law.
• The initiative included several modifications to the reforms originally proposed by the president, including the duration of mining concessions.
• The bill was sent to the Senate to continue the legislative process.

On April 21, 2023, the Chamber of Deputies approved in fast track the initiative to reform various laws, including the Mining Law, which modifies and affects the regulation of mining concessions.

When the initiative was evaluated and discussed in the Chamber of Deputies, a series of modifications were made to it, among which we highlight the following:

• Individuals who provide information to the Ministry of Economy indicating that there are non-strategic minerals or substances in unassigned or concessioned lots will have the right to obtain the concession.

• It is proposed that mining concessions may cover two or more minerals or substances, provided that they do not involve a mineral reserved for the State.

• The Federal Executive's initiative has been modified so that mining concessions have a duration of 30 years (with the possibility of extensions), as opposed to the 15 years originally proposed.

• It is established that concessionaires will have the opportunity, prior to the concession being cancelled, to carry out the appropriate prevention or remedial actions within a period of 3 months; otherwise, the concession will be suspended for 6 months to carry out said actions and, if they are not carried out, it will be permanently cancelled.

The initiative and its amendments approved by the Chamber of Deputies were referred to the Senate to continue the legislative process.

We consider that if approved in all its terms, the initiative violates various constitutional rights, including those of legal certainty and non-retroactivity of the law, and that the individuals affected will have the right to file an amparo suit before a District Judge.