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The Minerals Law

Chapter Three

Classification of Mineral Deposits, Restricted


Areas and Prohibited Minerals

Article 10: Classification of Mineral Deposits

The Ministry of Mines may, if deemed necessary, classify, declassify or


reclassify the deposit referred to in paragraph of this Article to the Inter-
Ministerial Commission for approval:

1. Mine: any mineral deposit and/or any plant for the treatment or
processing of the products of the mine (including facilities, equipment
and materials used in the process of exploitation). Quarry materials that
can be exploited economically should be an exception to the definition.

2. Quarry: any deposit of quarry materials that can be exploited


economically and/or any plant for the treatment or processing of the
products of the mine (including facilities, equipment and fixtures used in
the process of exploitation).

3. Quarry Material: means a nonmetallic mineral that can be used as a


building material, in the ceramic industry, as fertilizer. This definition
excludes phosphates, nitrates, alkali metal salts and other partners.

Article 11: Restricted Areas

If you are affected the national interest, national security, environmental


protection, cultural heritage, protection of indigenous peoples or welfare of
local communities, the Ministry of Mines may submit the proposal to declare an
area 15 to restrict mining activity in the Cabinet of Ministers for approval.

Víctor Manuel Gutiérrez Travezaño – vmgt94@hotmail.com


The Minerals Law

The declaration of classification of an area as a Prohibited Area shall be


adopted by means of a Mining Regulation and may or may not have a fixed
term. Mineral Rights in existence prior to the declaration of an area as a
Prohibited Area shall continue to be valid unless the Mineral Rights are
withdrawn or terminated on the basis of public order or necessity and
compensation is paid to the Holder thereof in accordance with the provisions
this law and Mining Regulation.

Article 12: Prohibited Minerals

If national security, health or safety of the population, public order or the


protection of the environment so requires, the interministerial committee may,
upon proposal of the Ministry of Mines, mineral declare a "restricted material".

All radioactive ores shall be Restricted Substances.

The provisions for the use of the restricted substances regulated in the Mining
Regulations.

Víctor Manuel Gutiérrez Travezaño – vmgt94@hotmail.com