MINING IN NO-GO AREAS

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development, and Investment
(Apr 2013)
CHAPTER 11B
MINING IN NO-GO AREAS
Alvaro Jose Rodriguez
Partner, Posse Herrera Ruiz
Bogotá

ÁLVARO JOSÉ RODRÍGUEZ is a partner at Posse Herrera Ruiz. His practice focuses on natural resources and energy, with special emphasis on oil and gas, mining and environmental law. Álvaro advises junior and major international companies in natural resource exploration and production activities, M&As, competitive bidding, farm-ins, mergers, options and similar agreements. He represents clients in numerous matters related to environmental licensing and compliance. He has an LLM from the London School of Economics and Political Science, and a law degree from Universidad de los Andes. He speaks Spanish and English.

COMPETING PUBLIC POLICY INTERESTS

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ENVIRONMENTAL PROTECTION

U.N. Convention on Biological Diversity (Law 165 of 1994)

National Biodiversity Policy

In Situ Conservation Strategies

National Protected Area System (SINAP)

National Natural Parks Regional Natural Parks. Protective Forest Reserves Integrated Management Districts (DMI).

PROTECTED AREAS IN COLOMBIA

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Close-Up: Protected Areas and Mining titles in North Central Colombia

ENVIRONMENTAL RESTRICTIONS

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High Mountain Moorlands

— Delimitation: must be delimited by de Ministry of Environmental in a 1:25,000 scale (Article 202 of Law 1450, 2011).

— Restriction: Mining activities and other resources exploitation activities are prohibited in the high mountain moorland (Article 202 of Law 1450, 2011).

— Environmental authorities must carry out actions to protect and manage the high maintain moorland ecosystems.

Protective National Forest Reserves

— Delimitation: Outdated, has been overtaken by the social reality.

— The forest ecosystems maintain their function

— Law 1382, 2010 and Law 1450, 2011 expressly prohibit the carve-out of Protective Forest Reserves for mining activities

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National and Regional Natural Parks

— Inalienable, imprescriptible and the land declared as such cannot be judicially attached (Article 63 of the Constitution).

— Constitutional Court has stated that they are declared in perpetuity.

— Carve-out procedure is not applicable.

Law 2, 1959 + Regional Reserves

• Inaccurate Delimitation. Cover large portion of the country Carve-out (Article 201 of the Code of Natural Resources and Article 30 of Decree...