On June 27, 2024, three regulations of interest to the mining sector were published in the Official Gazette El Peruano, the most relevant aspects of which we highlight below:
Supreme Decree No. 011-2024-EM, which modifies Article 3 of Supreme Decree No. 030-2016-EM, which approved provisions related to the determination of the installed daily mineral treatment capacity.
Board of Directors Resolution No. 122-2024-OS/CD, which approves the «Procedure on periodic reports on the conditions of tailings deposits and their geotechnical monitoring».
In December 2023, by Supreme Decree No. 034-2023-EM, the obligation to permanently inspect and perform geotechnical monitoring at tailings deposits was incorporated into the Regulations on Occupational Safety and Health in Mining (Supreme Decree No. 024-2016-EM), and OSINERGMIN was entrusted with approving the procedures for submitting monthly inspection reports and geotechnical monitoring interpretation reports. This Board of Directors Resolution has approved the following procedures:
It is established that the monthly monitoring report, performed by an engineer specialized in geotechnical engineering, must (i) be prepared for each tailings deposit according to Annex 1 of the standard, (ii) comprise from the first to the last calendar day of each month, (iii) be prepared no later than the fifth working day of the following month, and (iv) be available during the audits made by OSINERGMIN.
It is provided that the interpretation of geotechnical monitoring (i) is performed for each tailings deposit, (ii) consists of a report prepared in accordance with Annex 2 of the standard, (iii) covers a period not exceeding two months, (iv) includes all the geotechnical instrumentation installed for the construction and operation of the tailings deposit and (v) considers the joint analysis of data from all geotechnical instruments of the deposit.
The obligation is created to prepare, submit (within the first ten working days of April and October of each year) and keep available to OSINERGMIN semi-annual geotechnical monitoring interpretation reports.
It is specified that the interpretation of the geotechnical monitoring that reflects a trend of increased displacement or deformation that compromises the physical stability of the relay deposit must be communicated through the emergency reporting procedure approved by Resolution No. 013-2010-OS/CD.
This resolution approves a new Table of Classification of Mining Safety Violations and Penalties that incorporates the violations and penalties derived from the modifications made by the Supreme Decree No. 034-2023-EM.
It typifies infractions such as failure to submit reports on geotechnical monitoring and failure to comply with the rules of supervision and inspections in tailings deposits, leach pads and waste rock dumps, and leaves without effect the Table of Classification of Infringements and Penalties in Mining Safety approved by Resolution No. 003-2023-OS/CD.
For further information, please contact Francisco Tong (ftong@estudiorodrigo.com), Francisco Barrios (fbarrios@estudiorodrigo.com) and/or Diego Pachas (dpachas@estudiorodrigo.com).
