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  • Mining Bulletin, Natural Resources: Mining Law, Legal Update

Mining Legal Bulletin July 2024

  • August 9,2024
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Topics
Updating the mining rescuers workers’ fees
Mining Public Hearings procedure modification
New qualification criteria to participate in the bidding processes for Strategic Mining Reserve Areas
Updated terms of reference for awarding Special Exploration and Exploitation Agreements for phosphate minerals
Requirements for doubts about the compatibility of the mining project with the conservation purpose
Base price for liquidation of royalties
Bills

I. RESOLUTIONS – NATIONAL MINING AGENCY (“NMA”)

SubjectUpdating the mining rescuers workers’ fees
Number9
DateJuly 22, 2024
DescriptionThe NMA updates the daily rate for mining rescue workers and/or mining logistic coordinators who participate in the mining rescue action. The resolution applies to titleholders, operators and mining employers, in whose mining project a mining emergency occurs and the same is coordinated and/or attended by the Mining Safety and Rescue Group of the NMA.

The daily rate for mining rescue workers and/or mining logistic coordinators will be COP$119,166. The resolution also establishes the formula to calculate the value of the rate for the following periods.

II. DRAFT RESOLUTION – NATIONAL MINING AGENCY (“NMA”)

SubjectMining Public Hearings procedure modification
DescriptionThe NMA published for comments a draft resolution seeking to partially modify Resolution 1099 of 2023 to amend the procedure of Mining Public Hearings for the granting of mining titles.

The project modifies the procedure’s scope to exclude mining applications with differential requirements derived from (i) returns of areas for mining formalization with direct beneficiaries and (ii) Strategic Mining Reserve Areas for Formalization, as they are framed in a special process different from the ordinary one. It also extends the term for preparing the minutes of the public hearing from 5 to 10 working days.

The resolution proposes a fee of COP$119,166 for the daily wage of mining rescue workers and/or mining logistic coordinators, equivalent to 8 hours.
SubjectNew qualification criteria to participate in the bidding processes for Strategic Mining Reserve Areas
DescriptionThe NMA published for comments the draft resolution seeking to establish new criteria to evaluate the legal, technical, financial, environmental, and corporate social responsibility capacity of participants seeking to participate in the bidding processes carried out by the NMA for Strategic Mining Reserve Areas.

The draft resolution seeks to (i) repeal Resolutions 083 and 115 of 2021 and (ii) eliminate the possibility of suspending the authorization.

The draft will be open for comments until August 12, 2024.
SubjectUpdated terms of reference for awarding Special Exploration and Exploitation Agreements for phosphate minerals
DescriptionThe NMA published for comments the draft resolution seeking to update and modify the terms of reference to select the most favorable proposals for the award of Special Exploration and Exploitation Contracts in Strategic Mining Reserve Areas for phosphate minerals and their associated minerals, derivatives, or concentrates.

The draft will be open for comments until August 12, 2024.

III. NEWS – NATIONAL MINING AGENCY (“NMA”)

SubjectRequirements for doubts about the compatibility of the mining project with the conservation purpose
DateJuly 23, 2024
DescriptionThe NMA informed that, as of July 26, 2024, it will notify the processing orders of the mining applications that, once the environmental certification provided has been evaluated, present doubts about the project’s compatibility with conservation purposes.

IV. RESOLUTIONS – MINING AND ENERGY PLANNING UNIT (“UPME”)

No.ObjectPeriod
415 of 2024Whereby the base price for the liquidation of nickel royalties is determined.The second quarter of 2024.
505 of 2024Whereby the base price for the liquidation of coal royalties is determined.The third quarter of 2024.
502 of 2024Whereby the base price for the liquidation of royalties of precious stones and metals, iron ores, metallic minerals, and polymetallic concentrates is determined.The third quarter of 2024.
185 of 2024Whereby the base price is determined for liquidating royalties of non-ferrous minerals.Annuity 2024-2025.

V. BILLS

No.ObjectState
195/2022 Senate 425/2023 Chamber of RepresentativesWhereby measures are adopted to promote the rational and efficient use of energy, guidelines are established for the energy efficiency plans of public entities, incentives are provided for sustainable construction, and other provisions are issued.Pending presidential approval.
181/2023 Chamber of RepresentativesThe territorial registry system of local labor and entrepreneurs is created to promote local employment, and other provisions are enacted.Pending second debate.
344/2023 Chamber of RepresentativesThe Colombian mineral company ECOMINERALES is created, and its purpose, nature, organizational structure, and other provisions are determined.Pending presentation for the second debate.

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Ignacio Santamaría
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Ángela María Salazar
  • asalazar@lloredacamacho.com
Ana María Sandoval
  • asandoval@lloredacamacho.com

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