Mining Concessions
Since last December 6 is in effect the Supreme Decree (DS) 0726 which provides that “all the concessions, the mining, natural resources, electricity, telecommunications and basic services that were awarded before the December 6, 2010 , fit the existing constitutional order, automatically becoming Special Temporary Authorizations (ATE), while the migration takes place according to sectoral regulations issued. ” So, without further explanations in particular should expect the “rules” to determine the course of the announced “migration of concessions contracts.”
DOUBTS AMONG AFFECTED
In general, the Minister for Development Planning, Viviana Caro said on the subject that “the adoption of the rule guarantees the rights acquired by the dealers.”
For his part, Minister Carlos Romero autonomy, on the same subject said that “migration of concessions to mining contracts does not mean the loss of acquired rights (mine operators), in order to avoid future encroachments.”
The appropriate minister José Pimentel, more concise and concrete confirmed that the mining claims (over 9,000) were terminated in the mining and migrate … but temporary contracts “are special temporary authorizations that correspond to all sectors of the mining, including the state system and the cooperative business. It is further understood that the tasks in these productive businesses regularly maintained, while new standards are issued … (?)
It is precisely here, where doubts are operators of the extinct mining concessions. How to guarantee the continuity of mining operations for legal investment purposes, bonds payable, exports, recovery and security in a transitional period while the government prepares sectoral rules for its regulation.
At the moment it is understood that in each relevant ministry areas will be developed rigorous standards in such a way that will be appropriately sectorally them to the needs of operators. At the moment there are no time limits, but “we will work quickly to answer questions and ensure the rights of dealers,” as explained.
IF MINING
The Ministry of Mining and Metallurgy has confirmed that there are more than nine thousand (9,000) private mining concessions “came to an end” and must migrate to contracts, while that to happen are in place the “special temporary authorizations” and the process includes all sub-sectors, including cooperatives.
Minister José Pimentel, by way of explanation on further negotiations said: “If there is an employer who does not want to migrate to the contract, simply leave the grant and returned to the State … and pay no public redress,” said authority.
He said the theme of the nine thousand concessions, is the subject of a thorough review, because there are cases where one owner was the holder of several awards, citing the case of San Cristobal Company has 50 concessions and all will have to be appropriate to the new contract system, presenting a work plan for each of them. ” Is already another figure related to “the presentation of a plan of work”, something that should be taken into account by those concerned for appropriate action.
MINING LAW
For the adaptation of “concession contracts” must meet certain procedures and it is understood that in the specific case of mining, the process must be subject to the new Mining Act, whose project is under preparation and will necessarily be consultation among stakeholders, for approval by consensus and looking at all the approaches that might arise and that are redeemable to bring a “complex law” will be like mine.
For private mine operators, the new mining law should be the real instrument to ensure the proper use of our renewable natural resources such as minerals, which constitute the most precious treasure to ensure the economic security of the country, must therefore defined special stages from exploration, quantification of the potential of each site, its operation suitable treatment technology to reach the goal of industrialization, which will, as in the case of tin, add in the costs “added value” that makes any operation more profitable export markets.
To reach these goals, the important thing is that the content of the law, guarantees and incentives available to investors to enable them to develop projects of scale, competing with the mining policies of neighboring countries that move strongly in strengthening economies Thanks to the competitive playing field for attracting capital. These are issues that must be considered very particularly in the “outline” of the new mining law, an instrument that defines the national mining policy, as support for the Bolivian economy. Agency (URU).
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