MINING PROJECTS: CONFLICTS AMONG SURFACE OWNERS, MINERS, AND OTHER TITLEHOLDERS

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development and Investment
(Apr 2009)
CHAPTER 7C
MINING PROJECTS: CONFLICTS AMONG SURFACE OWNERS, MINERS, AND OTHER TITLEHOLDERS
Sandra Orihuela
Orihuela Abogados
USA and Peru

Sandra Orihuela's practice focuses on international corporate transactions, with an emphasis on the mining industry. Ms. Orihuela has worked on cross border projects involving parties in Asia, Europe, Latin America, and the United States. She has been actively involved in advising clients with mining projects at all of the various phases of development, from negotiating project acquisitions and dispositions, overseeing day to day legal matters during exploration, assisting with legal issues related to construction and development, to preparing operation and production related agreements for large mining operations, including some involving road construction, electricity generation, ore transportation pipelines and port operations. Her expertise includes environmental issues, mining permitting, foreign investment protection, regulatory matters, strategic alliances, joint ventures, M&A, privatizations and arbitration. Ms. Orihuela is admitted in the U.S. and Peru, and began her career as an associate with the Denver office of Holme Roberts & Owen LLP. She also worked as Senior Exploration Attorney for Placer Dome Inc. in Santiago, Chile and as an associate in the international corporate practice group of Baker & McKenzie in Miami, Florida. She is the founder of Orihuela Abogados | Attorneys at Law, an international boutique law firm specializing in corporate international transactions, with a team of U.S. and Peruvian legal practitioners based in Miami and at the firm's principal office in Lima, Peru. The firm was selected as the Runner-Up in the Mergers & Acquisitions Category of Latin-Lawyer Magazine's Deal of the Year 2007 for its efforts in the acquisition by a Chinese consortium of a UK-based mining company that owns a porphyry copper deposit located in northern Peru. The deposit is recognized as one of the largest undeveloped copper resources in the world today.

Large Projects near Communities

Mirny Diamond Mine, Siberia

[Page 7C-2]

Kimberley Big Hole, South Africa

Legislation on Mining Easements

LATIN AMERICAN COUNTRIES WITH LEGISLATION ON MINING EASEMENTS
COUNTRY	LEGISLATION	YEAR ENACTED	APLICABLE SECTIONS
Argentina	Mining Code	1886	Arts. 146º al 155º
Belize	Mines and Minerals Act	2000	Part IX
Bolivia	Mining Code	1997	Arts. 35º , 37º , 56º , 57º , 58º
Chile	Mining Code	1983	Arts. 19º , 92º , 109º , 120º to 138º
Regulation to the Mining Code	1987	Arts. 7º , 81º
Colombia	Mining Code	2001	Arts. 4º , 13º , 15º , 25º , 43º , 58º , 108º , 153º , 285º . Title 5, Chapter 18: Mining Easements (Arts. 166º to 185º ).
Costa Rica	Mining Code	1984	Arts. 23º section ch, 33º section c, 50º , 51º , 52º , 53º
Ecuador

...