Mining Laws: These are the rules that govern mining activity in the country, and to which the owners, assignees and investors are subject, in order to carry out mining activities within our country.
mining-exploitation-laws-peruPROMOTING AND PROTECTIVE ROLE
MINING REQUEST
• It is the request for a mining concession that begins in the field after having detected or found an outcrop of a mineral deposit, it is required:
• To locate the deposit on a national chart in an approximate way, the area of our interest, its Coordinates of the vertices.
• Determine the extension that we must request (No. of hectares).
• Name of the Concession
• Location
• Name of the petitioner, details of the spouse.
• Type of mineral
• Name of the owner of the surface land.
• Annexes
Obligations of the holders
• The minimum production, which should not be less than $ 25 per year and per hectare regardless of the substance.
• The right of validity will be paid per year and per hectare the amount of $ 0.50, if we request 600 hectares we will pay 300 dollars for the right of validity, this right is paid when making the request. The right of validity of the second year is paid until June 30 of the second year.
• If the established minimum production was not met, a penalty of $ 0.5 / year and per hectare will be paid.
• If at the age of 12 and the minimum production is breached, you must pay a penalty of $ 3 / year per hectare.
• If you show that you have invested a minimum of 10 times the penalty in the year of the penalty, then you must not pay, this is demonstrated with the income tax return.
Obligations
• If production is stopped according to the minimum production, the producer will have to pay the established penalties in addition to the effective right.
• Every mining owner is obliged to use systems, methods and techniques that tend to the best development of the activity and must be subject to the safety and hygiene regulations, as well as to environmental sanitation applicable to mining, avoiding harm to third parties.
• Submit the Consolidated Annual Statement annually, otherwise you will be entitled to a fine that will be at least 0.1% of the UIT and a maximum of 1 UIT.
Internment:
• If, during the execution of works inherent to its concession, the holder enters a concession without authorization, he is obliged to
• stop the work and return the value of the extracted minerals to the injured party without deducting any cost and pay compensation,
• if in addition caused him harm, if the introduction is greater than 10m of the limit of his mining right, the inmate will pay double the amount referred to.
Complaint for internment
• Request
• 20% UIT payment receipt
• Certified copy of the titles of the affected concessions and alleged offender
• Registration data and legal representative
• Registration data affected right and alleged offender
Ordinary Procedure
• It begins at the National Institute of
Concessions and Cadastre (INACC), by filing a request, for this you must previously have
• the information of the free or expired area, with which to make the corresponding request, filling out the request form, indicating the coordinates of the vertices of the area of interest,
• paying the processing fee and the validity fee, which corresponds to the requested area, indicating the legal representative of the company or association.
Continuation
• In the event that an area has been requested in which it overlaps with another request, it will be notified within a period of 7 days, in order for the reduction to be made or the last request will be canceled, in case of total overlap.
• INAAC will deliver to the petitioner notices for publication within 30 days of receipt of the request, for publication in the official newspaper El Peruano only once, as well as in a newspaper of the province in which the requested area is located.. If there is no newspaper, it will be resorted to set notices for seven working days in the respective Regional Mining Office.
• 60 days after publication, if there is no opposition, the title of the concession will be delivered. Previous legal and technical report.
• INACC publishes monthly in the Official Gazette El Peruano the list of concessions whose titles were approved.
Continuation
• Against the INACC resolution, a review appeal will be filed with the Mining Council within 15 days, upon publication.
• The Mining Council concludes the Administrative Route.
• The Resolution of the Mining Council can be contradicted before the judiciary within 30 days of its notification to the parties.
• If a simultaneous request for an area is presented, an auction will be made between the petitioners. The base price will be 3% of the UIT up to 100 Has. For larger areas it will be 0.2% of the UIT
• If no bidders are presented, the auction is declared void.
Impediments
• Public officials: who exercise jurisdictional functions or who carry out mining activities.
• The partners, directors, representatives, workers and contractors of natural or legal persons engaged in mining activity may not acquire within a radius of ten km, from any point of the perimeter of the concession where they are linked, unless expressly authorized by the owner.
Validity Rights
• Validity Rights and Penalties are paid in Dollars or in soles according to the official quotation.
• The return of the Right of Validity occurs:
• Request rejected
• Request Canceled
• Request declared inadmissible
• Request for which payment has been duplicated
• Rights paid on emergency areas, or that qualify as a fortuitous event or force majeure.
LAW 27651
LAW FOR THE FORMALIZATION AND PROMOTION OF SMALL MINING AND ARTISANAL
MINING ARTISAN
MINING FORMALIZATION • Recognition of Artisanal Mining
• Recognition of the right of the holders
• Inspection of national mining
• Definition of
Responsibilities
Artisanal Mining
• It is an activity carried out by mining producers handicrafts, within the scope of a territorial district, whose products are intended for family support.
• Using basic equipment and manual methods, where you can perform gravimetry, amalgamation, cyanidation, leaching and other small scale.
The law of formalization of Artisanal Mining Law 27652
• Law 27652 is the law for the formalization of artisanal mining, which establishes the right of miners to form associations or companies in order to continue operating in third-party concessions that, through an agreed contract, must also comply with obligations before the owner and before the Law.
• For this, they will be organized in mining companies and must register so that they can be formalized, and acquire mining rights through petitions.
ARTISANAL MINING REQUIREMENTS
• Carry out mining activity regularly and as a means of sustenance
• Own 1000 hectares.
• Installed Capacity 25 TMD - 200 m3 / day
QUALIFICATION PROCESS
• BIENNIAL AFFIDAVIT OF
OWNER • RECEIPT OF PAYMENT (10% UIT)
Requirements
• Proof of payment of the Processing Fee and Biennial Sworn Declaration containing:
• Full name Natural or Legal Person
(representative), Address, telephone, Fax.
• Natural Person DNI, copy, spouse identity document, copy, declaration of dedication to artisanal mining means sustenance.
• Legal Person RUC number copy,
Registration RP data Legal Representative, data of the registry of granting powers.
• Declaration of dedication to artisanal mining means sustenance partners.
• Province or prov. Adjacent where it carries out its activity.
Requirements
• Proof of ownership, identification by name, unique code, current extension and registration data.
• Agreement or Contract, identification of third party rights, name, unique code, current extension and registration data.
• Description of the area on which the contract was made, attach a legalized copy.
• If it is an assignment contract, a copy of the contract, with a certification of registration in the mining registry or indicating registration data.
Registry
• The General Mining Directorate is in charge of opening a Registry of Artisanal Mining Producers, in which the following must be registered:
• Natural or Legal persons, who have proven their status as Artisanal miners.
SMALL MINING REQUIREMENTS
• Own 2000 has.
• Installed capacity of 350 TMD - 3000 m3 / day
OBLIGATIONS
• Operation Authorization
• Minimum Production (25 $ / ha)
• Validity Rights (3 $ / ha)
• (0.5 $ / ha)
• Consolidated Annual Declaration
(June 30 each year)
• Other
PENALTIES AND FINES
• Minimum Production (0.5 $ / ha)
• Consolidated Annual Declaration
(June 30 each year)
• Accidents (3 UIT)
• Environment (5 UIT)
Environment
• Artisanal Miners must submit to the competent authority (DGM, DGAA) the DIA (Declaration of Environmental Impact) for Category I projects and ESIA (Semi-Detailed Environmental Impact Studies) for Category II projects.
• Environmental Adaptation and Management Programs (PAMA), Closure Plans and Modifications.
• Three copies: two printed copies, one in magnetic medium, attaching the proof of having submitted a copy to the respective DREM and when it corresponds to INRENA.
Category I
• Includes those projects whose execution does not cause significant negative environmental impacts.
• DECLARATION OF ENVIRONMENTAL IMPACT (EIS)
Category II
• Includes projects whose execution may cause moderate environmental impacts
• and whose negative effects can be eliminated or minimized by adopting easily applicable measures.
• Semi-detailed Environmental Impact Study. (ESIAd)
Category III
• It includes those projects whose characteristics, size and / or location can produce significant negative environmental impacts, quantitatively and qualitatively,
• requiring a more in-depth analysis to review their impacts and propose the corresponding environmental management strategy.
• These Projects require an Environmental Impact Study. Detailed (EIA)
ENVIRONMENTAL CERTIFICATION
• DGAA. Resource, General Data: Project name
• DIA or EIASd presented, date of presentation, payment for processing rights.
• Preliminary evaluation with:
• Project description, main characteristics, stages, planning, construction, operation, abandonment, infrastructure and production process, size.
• Description of the project implementation area: Environmental component involved, Geographic location, landscape, elements, existing human natural values, degree of human intervention.
Continuation.
• Description of potential environmental impacts, prevention, mitigation, correction, compensation, control of environmental impacts, abandonment and closure.
• Closure plan
• Executive summary
• Category I or II proposal, based on preceding information.
• If this is the case, the proposed terms of reference for the ESIA.
• Include: Tables, charts, plans, maps, diagrams.
Certification Request:
• Preliminary evaluation:
• Project characteristics
• Background on environmental aspects of the area of influence
• Possible environmental impacts
• Preventive mitigation or correction measures planned
• Proposal for classification
• Proposal for terms of reference
• Information signed by the proponent or holder as a sworn statement.
Right of preference
• That the artisanal miner has been carrying out individual or collective activity and be registered in the DGM Accrediting legal representative.
• The occupied area is free suspended the admission of petitions.
• That they have been doing work and continue to do it.
• That the area is identified by the DREM
• That it meets the 3 requirements established for the artisanal miner.
• That they have filled out the Biennial Sworn Statement
Terms of Reference
• The ESIA will include:
• Project Objective.
• Proposal of the content of ESIA, according to regulations and guidelines.
• Information available for the development of the ESIA.
• Schedule for preparing the ESIAd.
• Methodology to identify beneficiaries and affected persons in the ESIA.
• Criteria for defining information of a Reserved Nature.
• Criteria for the Closure Plan.
Content of the ESIAd.
• Executive Summary (30 pgs)
• Project Description • Summary
of characteristics and antecedents of the project's area of influence.
• Description of effects and characteristics that originated ESIAs based on environmental protection.
• Description of positive and negative impacts, risk analysis.
• Environmental management strategies, management plan, contingency plan, sources of information.
Continuation
• Citizen participation
plan • Monitoring, surveillance and control plan.
• Closing plan.
Environmental certification:
• With the environmental qualification, the holder will be in a position to process permits,
• Authorizations or favorable pronouncements for the execution of the project.
PAMA, DIA, EIASd
• The professionals eligible to carry out the PAMA, DIA, EIASd are:
• Skilled professionals who have training in environmental aspects.
• They must be prepared by a multidisciplinary team conformed according to the characteristics of the DIA, EIASd and or PAMA.
• Mining Engineer, Industrial Geologist, Agronomist or Metallurgist.
• Environmental Engineer or Biologist.
• Sociologist.
• Archaeologist.
• Meteorologist.
• Hydrologist.
• Anthropologist.
Closure Plan
• For temporary or definitive closure:
• Measures to avoid adverse effects to the environment, due to the effect of
• Solid, liquid or gaseous waste, which may exist or emerge in the short, medium or long term.
• Specification of closure plan guarantees, as well as other aspects related to the closure of activities, according to closure plan.
