Legal mining in ColombiLegal independence of mining in Colombia

THE INFORMALITY OF THE MINING IN COLOMBIA

In Colombia, as in other countries in Latin America, made or informal mining has been an ancestral form of subsistence for many communities and families, resulting from the use of empirical methods of production, high costs of exploitation and serious environmental impacts. Figures presented by the Ministry of mines and energy - and once analyzed data from the mining census 2009-2011 - we conclude that 14.357 units of mining production (UPM), there 56 per cent of which declares does not have any mining title. The following chart presents the breakdown of the legal situation of mining titles December 2011:

ATTEMPTS AT FORMALIZATION

Among the experiences of formalization and legalization of mining activities in Colombia, I must point out how in 1993 attempted to modify the contracting regime and legalize 1,475 hectares of exploitation of emeralds. I was expected to recover at least 700 million pesos in favor of Colombia (Mineralco) of minerals. This attempt was not very successful, as he managed just "15 companies constituted legally and with permission from the Government to carry out operations"

Another important attempt occurred in 1994, when the Government offered informal miners the opportunity to legalize their work and at the same time access to credit, technical assistance and other government support programs. To access these incentives were required to complete a form which received the name of mining title. He was that a 14.5 per cent - i.e. 566 requests - formalized its activity.

The previous code of mines (2655 Decree of 1998) allowed the legalization of exploiters of deposits and mineral deposits without a valid title, taking 6 months to request it and giving them priority over the mines were already exploited. There is no data yet on the number of beneficiaries who accepted this provision.

Furthermore, article 58 of the law 141 of 1994 (old law of royalties) was established in a process to actually legalize farms of small-scale mining, which had been occupied on a permanent basis until November 1993, and conferred upon them 6 months from its entry into force to submit the application for license, permit, or contract for the operation; the competent authority should be legalized exploitation in one period not longer than 1 year.

Experience more: the current mining code (law 685 of 2001) establishes that the operators of mines of State-owned non-title registered in the national mining shall request in the term of three years starting on 1 January 2002, which are granted them concessions mines, filling all the background and form requirements for the effect provided that the requested area is free to hire. This provision was renovated by the 1382 Act of 2010, which in fact gave two years term for the legalization of small-scale

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