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ES April 2023 Download Document
Executive Summary:
- On April 21, the Chamber of Deputies approved an initiative to reform several laws, including the Mining Law.
- The initiative had several modifications to the reforms proposed initially by the President, among which the duration of mining concessions stands out.
- The bill was sent to the Senate to continue with the legislative process.
On April 21, 2023, the Chamber of Deputies approved in fast track the initiative to reform several 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 from which it appears 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 they do not involve a mineral reserved for the State.
- The initiative of the Federal Executive is modified so that mining concessions will have a duration of 30 years (with the possibility of extensions), as opposed to the 15 years proposed originally.
- It is established that the concession holders will have the opportunity, before the concession is canceled, to carry out the appropriate prevention or remediation actions within 3 months, otherwise, the concession will be suspended for 6 months to carry out such measures and, if they are not carried out, the concession will be canceled definitively.
The initiative and its amendments approved by the Chamber of Deputies were forwarded to the Chamber of Senators to continue with the legislative process.
We consider that if approved in all its terms, the initiative contravenes several constitutional rights, among others, those of legal certainty and non-retroactivity of the law, being that individuals who are affected will have the right to file an appeal for legal protection before a District Judge.
