On July 27, 2024, Supreme Decree No. 014-2024-EM was published, modifying Articles 13 and 71 of the Mine Closure Regulation, approved by Supreme Decree No. 033-2005-EM (“RLCM”). The following are the most relevant aspects of the modification of Article 71, referring to the adequacy of components executed without environmental certification through the Detailed Environmental Plan (“New PAD”):
A new PAD application period is established for those mining owners of projects or activities in progress that, as of the date of publication of the regulation (July 27, 2024), have an environmental management instrument in force and have built components or made modifications without having previously obtained the corresponding environmental approval.
Components or modifications that are in the process of being evaluated or that have been previously evaluated and disapproved by SENACE or the DGAAM cannot be submitted to the new PAD.
To apply for the new PAD, the mining owner must submit a communication to the DGAAM and the OEFA within ninety (90) working days from July 30, 2024.
The communication must include the detailed description, location and photographic records of the components or modifications, and, optionally, the minutes, reports or resolutions issued by the OEFA on the imposition of administrative measures that allow corroborating their existence.
The new PAD must be submitted to the DGAAM within one hundred and eighty (180) working days from the expiration of the ninety (90) working day period indicated above.
The new PAD is approved without prejudice to the imposition of the corresponding sanctions by the OEFA and OSINERGMIN.
On the other hand, the rule establishes the mining holder that (i) has environmental management instruments approved prior to the entry into force of the Environmental Protection and Management Regulation for the activities of Exploitation, Beneficiation, General Labor, Mining Transportation and Storage (Supreme Decree No. 040-2014- EM), which do not contain a specific detail of the characteristics of auxiliary components; or (ii) has implemented components in compliance with administrative measures ordered by OEFA; may incorporate such components in the modification or update of the respective environmental management instrument.
For further information, please contact Francisco Tong (ftong@estudiorodrigo.com), Francisco Barrios (fbarrios@estudiorodrigo.com) and/or Mariana Delgado (mdelgado@estudiorodrigo.com).
