The Ministry of Mines and Energy published Resolution 40008 of January 14, 2021, by means of which it sets forth the guidelines for the development of the inspection of exploration and exploitation in mining projects (the "Resolution").
The purpose of the Resolution is to dictate the guidelines for the development of the inspection and the differential inspection of the activities carried out in the mining titles.
Thus, the Resolution establishes guidelines as follows: (i) strategic guidelines; (ii) technical and administrative guidelines; and (iii) guidelines for the documentary evaluation and field inspections. With these guidelines, it is expected that the inspection activity is carried out in a harmonious, complete and efficient manner and that it pursues the objectives of the existing regulations in this matter.
Regarding the strategic guidelines to carry out the mining inspection, the Resolution mentions the following, among others:
• The National Mining Agency must develop activities aimed at achieving an articulation of mining control and resource management functions, with common purposes and goals;
• The measurement of the activities must be focused on the proposed results and the impact that these results generate in the population;
• The consolidation of information related to the potential of the subsoil and the generation of knowledge must be carried out based on geological knowledge; and
• The information reported by titleholders must be demanded and valued as it represents the means for monetization of the resources to be extracted.
Regarding the technical and administrative guidelines, the Resolution establishes, among others, the following:
• To guarantee the administrative presence and monitoring of all areas of the country where exploration and mining activities are carried out;
• To provide all collaboration in the development of the functions of the Ministry of Mines and Energy; and
• To provide timely information to facilitate the Ministry of Mines and Energy in carrying out activities as the governing body of sectoral policy on mines and energy.
Finally, regarding the guidelines for documentary evaluation and field inspections, the Resolution establishes guidelines differentiating between inspection for all concession contracts and inspection for concession contracts obtained through differential requirements.
To see the complete Resolution, please access the following link