In the Third Supplement to the Official Registry No. 112 of August 28, 2025, the Organic Law on Social Transparency was published.
The Fifth Amending Provision modifies the Mining Law (the “Law”) as follows:
Exploration Stage of the Mining Concession
Before the expiration of the initial exploration period, if the concessionaire wishes to continue mining exploration activities, it must request approval from the Sectoral Ministry to transition to the advanced exploration period for a term of four years. This request must include: an express waiver of part of the concession area; and evidence of compliance with the minimum activities and investments required during the initial exploration period.
For concessions obtained through auction or tender, the concessionaire must also demonstrate compliance with:
- The minimum investment amounts established by law; and
- The committed investment declared in its financial bid for each concession granted.
If the Sectoral Ministry fails to issue the corresponding resolution within sixty (60) days from the approval of the request, advanced exploration shall be deemed authorized.
Caducity of Mining Rights
In the administrative process for the caducity of a mining concession due to any of the causes established in the Law, the timeframe for the concessionaire to prove compliance with its obligations, submit defenses, and provide supporting evidence is reduced from forty-five (45) to fifteen (15) days.
If an administrative resolution determines that obligations remain outstanding, the concessionaire will have fifteen (15) days (previously forty-five) to remedy the non-compliance. Failure to do so within this period will result in the Sectoral Ministry declaring the forfeiture of mining rights through a reasoned resolution.
Caducity of mining rights shall also be declared automatically, without the need for further administrative proceedings, if the environmental authority has determined and notified the existence of environmental damage.
New Cause of Caducity for Non-Payment
Within the grounds of caducity due to non-payment of fees, royalties, and other rights or taxes established under this Law and its Regulations, administrative fees are now expressly included, broadly and without specific limitation
New Cause of Caducity for Breach of Economic Commitments
A new unnumbered article following Article 177 establishes that mining concessions obtained through auction or tender shall be terminated if the concessionaire fails to comply with either the minimum investment amounts or the committed investment set forth in its financial bid.
Verification Process of Minimum Investment and Committed Investment
The Ninth Transitory Provision instructs the Mining Regulation and Control Agency, within ninety (90) days, to verify whether mining concessions obtained through auction or tender have complied with the minimum investment amounts and the committed investment proposed in the financial bid. The results must be reported to the Sectoral Ministry to initiate, if applicable, forfeiture proceedings.
