SMALL-SCALE AND ILLEGAL MINING IN PERU

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development, and Investment
(Apr 2013)
CHAPTER 18B
SMALL-SCALE AND ILLEGAL MINING IN PERU
Miguel Angel Soto
Associate, Rubio Leguia Normand
Lima

MIGUEL ANGEL SOTO is an associate at Rubio Leguía Normand, in Lima. He is a natural resources attorney, specializing in regulatory issues related to the development of extractive industries (mining and hydrocarbons), including environmental management and community relations. He has experience in monitoring compliance and environmental obligations, regulatory and safety and occupational health, as well as the identification and management of permits, licenses and authorizations for undertaking mining and oil operations. He has also provided advice on the design of community relations strategies and analysis of social dynamics generated by the development of extractive industries as in the implementation of processes for citizen participation and consultation. In academia Miguel Angel is a teaching assistant in the course of mining and energy law at the Pontifical Catholic University of Peru. He is the author of several articles in professional journals on Mining and Environmental Law.

Small-Scle and Illegal Mining in Peru

Miguel &Ag;ngel Soto

Introduction

The department of Madre de Dios is considered the "capital of biodiversity"...

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However, this is the result of carrying out illegal mining activities:

However, this is the result of carrying out illegal mining activities:

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Previous Considerations

▪ "Small-Scale Mining" is a term used by the World Bank to refer to the Small Mining Producers, formal/legal or informal/illegal, which have different names in Latin America and the Caribbean, such as "garimpeiros" (Brasil) "barequeros" (Colombia), "coligalleros" (Costa Rica), "gambusinos" (Mexico), "gulriseros" (Nicaragua), "lavadores de oro" (Republica Dominicana), "pirquineros" (Chile y Argentina) y "porknockers" (Guayana y Surinam), among others.

▪ In Perú, "Small-Scale Mining" consists of two different levels such as "Small Mining" and "Artisanal Mining", which can be formal or informal depending on their condition of legality.

▪ We should note that mining legislation of various Latin American countries do not have differential treatment regarding the above mentioned levels (Argentina, Mexico, Guatemala, Uruguay and Chile). Peruvian legislation does.

Legal Framework

▪ The qualifications as Artisanal Mining Producer or Small Mining Producer leads benefits as:

▪ Differentiated payment with respect to the Good Standing Fee (from US$3.00 which is the normal fee to US$ 1.00 and 0.50 per year and per hectare granted) and the Penalty (from approximately US$130.00 to approximately US$ 13.00 and 7.00 per year and per hectare granted)

▪ To start their exploitation activities, only is necessary the approval of an Environmental Impact Declaration or Semi Detailed Environmental Impact Study (In the general scheme is required a Complete...