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Lunes, 06 Mayo 2019 19:24

Mining Alert No. 5 - Reforms to the RAAM

The Environmental Regulation of Mining Activities has been reformed again through changes to ministerial agreement number 009 of the Ministry of the Environment with details regarding the obtaining of the Environmental Registry; the economic guarantee of compliance of the EMP; citizen participation; the limitations on Scout Drilling; and, the operation of the SUIA.

The Environmental Regulation of Mining Activities has been reformed (published in the Official Registry Supplement 213 of March 27, 2014) reforming the ministerial agreement number 009 of the Ministry of the Environment, to which the following changes have been made:

Scout Drilling in initial exploration

  1. Scout drilling may not be conducted in more than 5 contiguous concessions.
  1. Prior to carrying out Scout Drilling, the community relations sub-plan of the Environmental Management Plan (EMP) must contain "information measures".

Economic guarantees of compliance of the activities of environmental management plans

The mining title holder must deliver to the Office of Financial Administrative Coordination of the National Environmental Authority the environmental insurance policy or guarantee of faithful compliance of 100% of the EMP with a sworn affidavit that the value of the environmental insurance policy or guarantee of faithful compliance corresponds to all of the values ​​established in the valued PMA.

Environmental Registry

  1. A form is established with the requirements and minimum measures for initial exploration with scout drilling: name of the project, work or activity; economic activity (initial exploration in small, medium or large mining); SUIA project code; surface; activity start date; geographic location and coordinates PSAD 56; data of the mining owner and signature of responsibility; information of accredited consultant of the Ministry of Environment.
  1. The extinction of the environmental administrative authorization will be effective ex officio or at the request of the owner of the project, work or activity once the obligations have been fulfilled until the start of the extinction procedure. In order to extinguish an Environmental Registry, an environmental compliance report must be submitted for the current evaluation period up to the date of the request for extinction.
  1. Once the request for termination has been presented, the operator may start obtaining a new authorization for this same activity, work or project, if required. While the new authorization is being processed, the owner must comply with the obligations in the previous authorization until obtaining the new authorization.
  1. The Environmental Registries for initial exploration with scout drilling and environmental compliance reports to the PMA must be prepared by environmental consultants qualified by the Ministry of the Environment and these cannot be prepared by the same consultant who prepared the Environmental Registry.

Citizen participation

  1. Citizen Participation procedures initiated as of March 12, 2019, according to the Organic Code of the Environment (COA), will be paid to the Environmental Facilitator in the following manner: 50% at the approval of the planning report of the Citizen Participation process and 50% at the approval of the systematization report of the Citizen Participation process.
  1. Payment for facilitation services may be reimbursed only when the proponent notified the Environmental Authority of the suspension of the process prior to the Initial Visit.
  1. The processes of Citizen Participation initiated from the time the COA came into effect will be canceled to the Environmental Facilitator in the following manner: 25% at the approval of the Initial Visit Report, 35% at the approval of the report of the informative phase and 40% at the approval of the consultative phase.

Unique System of Environmental Information - SUIA

  1. Within a period of 90 days from March 12, 2019, the SUIA must adapt to the implementation of test or recognition surveys, up to which the Environmental Registration procedures must be entered in physical format. Attached to the physical application must be attached: the environmental policy or guarantee of faithful compliance of 100% of the WFP; the authorization to remove plant cover if applicable; sworn statement; environmental viability certificate if applicable; and the payment of the administrative fee.
  1. Those activities, works or projects of medium and high impact in construction or operation that have not obtained a corresponding administrative authorization is granted 90 days from March 12, 2019 to present: PMA, Action Plan based on environmental diagnosis ; and, the liability guarantee policy, for the start of a regulation process through an ex-post environmental impact study.
For more information contact us:

Xavier Andrade Cadena                                                               Rafael Paredes
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