PERU: A MINING COUNTRY (ENGLISH VERSION)
Jurisdiction | Derecho Internacional |
(Nov 1997)
PERU: A MINING COUNTRY (ENGLISH VERSION)
Estudio Olaechea
Lima, Peru
Peru is traditionally a mining country and an important exporter of minerals.
Mining is one of the principal sources of foreign exchange and employs a large percentage of the Peruvian labor force.
The Peruvian Government, being well aware of the importance of mining in the economic and social development of the country has proclaimed a series of dispositions aimed at promoting development and providing guaranties to mining investors.
Following this brief introduction, we shall analyze the more important legal aspects concerning mining in Peru.
Constitutional Framework:
In accordance with the provisions of article 66 of the Political Constitution of the State, all natural resources, both replaceable and irreplaceable, belong to the nation. That is, the Peruvian Constitution chooses, with respect to natural resources, the system which the doctrine shall denominate as public domain or domainal system.
The Constitution reserves the control of the conditions of utilization and granting of natural resources to individuals to the Organic Law.
According to the foregoing, we are going to review the main aspects of the Peruvian General Mining Law.
General Mining Law
In June 1981, was enacted Legislative Decree 109, "General Mining Law". In November 1991, was enacted Legislative Decree 708, "Law for the Promotion of Investment in the Mining Sector", the rules of the latter partially amending the General Mining Law.
In order to compile the legislation, on June 4, 1992, Supreme Decree 14-92-EM was issued through which the Single Ordered Text of the General Mining Law was approved, the form of
[Page 2F-2]
which, with some small amendments, now regulates mining activity in Peru.
Concession Systems:
Peruvian Law qualifies the following as mining industry activities: sampling, prospection, exploration, exploitation, general labor, beneficiation, marketing and mining transport.
Exercising the said activities, with the exception of sampling, prospection and marketing are carried out solely under the concession system.
Sampling and prospection are free in all national territories; nevertheless, they may not be carried out in areas where mining concessions exist, or areas of non admission of claims, fenced or cultivated areas, urban zones or for urban expansion, zones reserved for national defense, archaeological zones and over properties for public use.
In addition, the marketing of mineral products is free, internally and externally, and its practice does not require any kind of concession granted.
Nature of the Concession:
Peruvian Law grants the condition of a real property to a mining concession, providing that it is a distinct and separate property from the ground on which it is located. In this way, the soil and the sub-soil is separated so any principle of accession as a rule of mining ownership is discarded.
On the other hand, it is appropriate to point out that a mining concession grants an in rem right to its titleholder, with the attributes emanating from the mining law and not the Civil Code. As a real property, it may be transferred by an intervivo or mortis causa act, encumbrance, etc.
Ordinary Procedure for Mining Concessions:
To be titleholder of a mining concession, an administrative procedure must be followed before the Public Mining Registry, a public organism, which is a Division of the Ministry of Energy and Mines.
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Following there is a very general description of the procedure for granting concessions:
1. The procedure starts with the filing of the petition for a mining...
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- Mineral Development in Latin America (FNREL)
- TABLE OF CONTENTS
- CHAPTER 1 MINING LEGISLATIONS IN LATIN AMERICA: REFORM AND MODERNIZATION (ENGLISH VERSION)
- CHAPTER 1 SPAN REFORMA Y MODERNIZACION DE LAS LEGISLACIONES MINERAS DE AMERICA LATINA
- CHAPTER 2 INTERNATIONAL PANEL ON SELECTED MINING LAW ISSUES
- OVERVIEW OF SELECTED MINING LAW ISSUES IN VENEZUELA
- MEXICO, SOME MINING LAW ISSUES1
- A GENERAL OUTLOOK OF BOLIVIAN MINING: THE NEW MINING CODE (ENGLISH VERSION)
- SPAN PANORAMA GENERAL DE LA MINERIA BOLIVIANA NUEVO CODIGO DE MINERIA
- SPAN EL SISTEMA LEGAL DE CONCESIONES MINERAS EN ARGENTINA
- THE LEGAL SYSTEM OF MINING CONCESSIONS IN ARGENTINA (ENGLISH VERSION)
- OVERVIEW ON MINING RIGHTS IN BRAZIL
- PERU: A MINING COUNTRY (ENGLISH VERSION)
- SPAN PERU: PAIS MINERO
- CHAPTER 3 SELECTED ISSUES AND PROBLEMS UNDER THE CHILEAN MINING CODE (ENGLISH VERSION)
- CHAPTER 3 SPAN MATERIAS Y CUESTIONES RELATIVAS A LA APLICACIÓN DEL CÓDIGO DE MINERÍA DE CHILE
- CHAPTER 4 SPAN PROYECTOS MINEROS TRANSFRONTERIZOS
- CHAPTER 4 TRANS-BOUNDARY MINING PROJECTS (ENGLISH VERSION)
- CHAPTER 5 NORTH AMERICAN AND LATIN AMERICAN ATTORNEYS WORKING TOGETHER: DO WE UNDERSTAND EACH OTHER?—AND—THE SHAKY FRAMEWORK OF VENEZUELAN MINING LAW
- CHAPTER 6 THE TRILLIUM DECISION AND ITS AFTERMATH: NEW REQUIREMENTS FOR ENVIRONMENTAL IMPACT STATEMENTS AND THE PERMITTING OF MINING PROJECTS IN CHILE
- CHAPTER 7 SUSTAINABLE DEVELOPMENT AND ITS RELATIONSHIP WITH MINING AND THE LAW (ENGLISH VERSION)
- CHAPTER 7 SPAN EL DESARROLLO SUSTENTABLE Y SU RELACION CON LA MINERIA Y EL DERECHO
- CHAPTER 8 ENVIRONMENTAL IMPACT ASSESSMENT FOR NATURAL RESOURCE PROJECTS IN LATIN AMERICA
- CHAPTER 9 THE BEGINNING AND THE END: LIABILITY FOR PRE-EXISTING CONDITIONS AND RECLAMATION OBLIGATIONS IN LATIN AMERICA
- CHAPTER 10 PRACTICAL APPLICATION OF EVOLVING STANDARDS: A GLOBAL VIEW OF TRENDS IN ENVIRONMENTAL REGULATION
- CHAPTER 11 JOINT VENTURE TRANSACTIONS AND ISSUES IN LATIN AMERICA
- CHAPTER 12 FINANCING MINERAL PROJECTS IN LATIN AMERICA
- CHAPTER 13 TAXES AND THE STRUCTURING OF INVESTMENTS IN INTERNATIONAL MINING VENTURES
- CHAPTER 14 AN OVERVIEW OF GOLD PROSPECTING IN BRAZIL—AND—UBI LEX NON DISTINGUIT: MINING COMPANIES AND THE RELATIONS WITH PROSPECTING—THE CASE OF GOLD MINING IN BRAZIL
- CHAPTER 15 STATE OF THE ART TECHNOLOGY FOR ENVIRONMENTAL PROTECTION IN THE MINING INDUSTRY
- CHAPTER 16 WATER UNDER CHILEAN LAW (ENGLISH VERSION)
- CHAPTER 16 SPAN LAS AGUAS EN EL DERECHO CHILENO
- CHAPTER 17 COMMERCIAL ARBITRATION IN LATIN AMERICA (ENGLISH VERSION)
- CHAPTER 17 SPAN EL ARBITRAJE COMERCIAL EN LATINOAMERICA
- CONFIDENTIAL INFORMATION: SURVEY OF PERMISSIBLE CONSTRAINTS AND DISCLOSURE REQUIREMENTS
- CONFIDENTIALITY AGREEMENTS: ITS VALIDITY AND ENFORCEABILITY UNDER CHILEAN LAW (ENGLISH VERSION)
- SPAN CONVENIOS DE CONFIDENCIALIDAD: Segunda Parte, Su Eficacia y exigibilidad conforme Ley Chilena
- CHAPTER 19 ISSUES AND TRENDS IN PRIVATIZATION IN THE INTERNATIONAL MINERAL INDUSTRY
- CHAPTER 20 CASE STUDY OF THE RECENT PRIVATIZATION OF COMPANHIA VALE DO RIO DOCE (CVRD) IN BRAZIL
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