The Governor of the Province of Santa Cruz enacted the Mining Zoning Law
In our latest edition we informed that, on November 26, 2009, the House of Representatives of the Province of Santa Cruz enacted a law which creates a "Special Mining Interest Area" (see "The Province of Santa Cruz enacts a controversial Law on Mining Zoning", Mining News Monthly Report, November 2009 edition). On said occasion, we considered that the dispositions contained in the Law violate vested rights and certain dispositions of the Mining Code, which have higher hierarchy than provincial laws. Likewise, we were skeptical about a possible veto of the Law by the Governor. Finally, on 12/22/2009, the Law was published in the Official Gazette of the Province of Santa Cruz becoming binding to comply with its requirements in the Province. We shall await the regulation of the Executive Branch of the Province to determine if, in any way, the defects of the Law are corrected, specially the infringement of vested rights. Still, this Law leaves open the possibility to file an action to declare the unconstitutionality of the Law, as it affects federal regulations.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.