Mining Alert – December 2019

Ministerial Resolution N° 403-2019-MINEM/DM (the “Ministerial Resolution”) was published today in the official gazette “El Peruano”. The Ministerial Resolution establishes that the following mining proceedings are subject to a Prior Consultation Process to Indigenous Peoples before their approval:

• Authorization for start/restart mining exploration activities within metallic or non-metallic mining concessions.
• Authorization for start/restart mining exploitation activities (includes mining plan and waste dumps) within metallic or non-metallic mining concessions, and its amendment (which includes new areas).
• Authorization for the construction for the attainment or amendment (which includes new areas) of a beneficiation concession; and,
• Mining transport concession and its amendment (which includes new areas).

Additionally, the Ministerial Resolution establishes that a Prior Consultation process could be initiated by the Social Management General Office of the Ministry of Energy and Mines, after the filling of the environmental impact statement required for each of the above listed mining proceedings, and must be concluded before their approval.

Finally, the Ministerial Resolution determines that only one Prior Consultation process will be followed if a mining project comprises an authorization for exploitation activities, an authorization for the construction of a beneficiation concession; and, a mining transport concession.