Mexico’s four mining-related regulations are set to be released soon.
Release time:
2024-04-10
Source:
China Mining Network
According to a report by the BNAmericas website, the four regulatory amendments proposed by the Mexican government in May 2023 that affect the mining industry are expected to be published after being agreed upon at the drafting working group’s meeting.
On the 21st, Mexico’s Economy Minister Raquel Buenrostro, after attending the annual meeting of the Mexican Steel Association (Canacero), told BNAmericas in an interview, “We are working with different sectors and departments of the government as well as private companies to evaluate these regulations.”
She added that these regulations would be ready “by the end of the working group meeting,” but did not specify a particular date.
Last May, the Mexican government amended the Mining Law, the National Water Law, the General Provisions on Ecological Balance and Environmental Protection, and the General Provisions on Waste Prevention and Integrated Management—all of which will impact the mining industry and have sparked concern and criticism within the sector.
The mining reform regulations were supposed to be announced before last November, but in fact they weren't. As a result of this legal vacuum—particularly in the exploration sector—uncertainty has arisen, and key aspects of mining companies’ operations have been delayed.
Although the new regulations retain the provision allowing the Mexican Geological Survey (SGM) or similar agencies to engage in exploration activities, they also permit the signing of five-year exploration agreements with companies that have knowledge of mineral deposits on unleased land.
If minerals are discovered in these areas, companies will obtain mining rights by paying an amount exceeding 90% of the highest bid submitted in the public tender and meeting all legal requirements. However, this regulation is particularly concerning for mining companies that specialize in exploration, have limited financial capacity, and are competing against large corporations.
Industry lawyers advising BNAmericas explained that the previous regulations remain applicable to aspects that do not conflict with the reforms introduced last May. If a mining company is informed that the new regulations do not apply to it, then it must continue to comply with the earlier regulations.
The lawyer stated that although the amended law applies to companies that have not sought protection from the courts—since there are currently no specific regulations in place—practically speaking, the previous regulations still apply in certain respects.
Although these regulations may clarify certain legal issues, hopes still rest on the possibility that this year the Supreme Court will rule on an unconstitutional act, as the opposition in the House of Commons has filed an appeal challenging the mining reforms.