Mining News - September 2026

Legislative News

Resolution 73/2026 of the Argentine Secretariat of Mining, published in the Official Gazette on September 1, 2026

It approves the new procedure for accessing the import duty exemption benefit in article 21 of the Mining Investments Law 24196, together with a new list of tariff classifications under the MERCOSUR Common Nomenclature that the regime covers. The Resolution replaces the prior authorization system with a scheme based on digital sworn statements submitted for each transaction, subject to verification and subsequent integration with the Argentine Single Window for Foreign Trade and the Malvina Information System.

The main changes include establishing specific requirements for the importation of used and refurbished goods, regulating the transfer and alternative allocation of assets between mining projects, and setting procedures to remove them from the regime. The Resolution also allows coordinating the benefit with the Incentive Regime for Large Investments (RIGI). Accordingly, RIGI beneficiaries must declare that the imported goods are not covered by the customs incentives granted under that regime.

On the other hand, the Resolution repealed Resolution 89/2019 of the former Secretariat of Mining Policy and Resolution 15/2020 of the Secretariat of Mining. The new procedure will apply to proceedings initiated once the Remote Procedures Platform has been adapted and the supplementary regulations issued by the General Customs Directorate necessary to integrate the sworn statements into the Malvina Information System have been enacted. Proceedings filed before that time will continue to be governed by the regulations applicable at the time they were filed.

Media News

“Tinogasta Free Trade Zone: The Federal Government and Catamarca Move Forward with an Agreement to Reduce Taxes and Promote Exports,” published in Panorama Minero on September 19, 2026

The Federal Government and the Province of Catamarca executed an agreement to move forward with the establishment of the Tinogasta Free Trade Zone. The agreement provides for the creation of an industrial and commercial free trade zone with tax benefits for the activities carried out in it.

The future Free Trade Zone will be in Tinogasta, along the Bi-Oceanic Corridor, and with access to Chile through the San Francisco International Pass. Owing to its strategic location, the initiative seeks to facilitate the integration of regional production with international markets and to strengthen foreign trade.

The initiative falls within the framework of the Free Trade Zones Law 24331 and aims to attract investment, reduce logistics and operating costs, improve the competitiveness of productive activities, and promote job creation. It is also expected to contribute to the development of various value chains, including those related to the mining industry.

The establishment of the Tinogasta Free Trade Zone still requires the Legislature of Catamarca to ratify the agreement for it to be implemented.

“Mendoza Promotes a New Legal Framework and Incentives for Mining,” published in El Inversor Energetico & Minero on September 24, 2026

During the 2026 Mendoza Energy Summit, the Government of Mendoza presented a bill to amend Provincial Hydrocarbons Law 7526, to promote integration between the mining and oil industries.

The initiative proposes combining royalties and incentives with environmental requirements and establishing rules governing the coexistence of both productive sectors. In addition, the event featured presentations on the guidelines of the province’s mining strategy, with a particular focus on projects adhering to the RIGI. The summit brought together representatives from over 150 companies linked to the energy, oil, and mining sectors and included panel discussions dedicated to the development of mining activities in the province.

Judicial News

“Appeal Proceeding in the Case ‘PROVINCIA DE LA PAMPA y otros c/ ESTADO NACIONAL s/ Amparo ambiental’” (Chamber II of the Bahia Blanca Federal Court of Appeals, September 29, 2026)

Chamber II of the Bahia Blanca Federal Court of Appeals upheld the dismissal of the preliminary injunction requested by the Province of La Pampa, the National University of La Pampa, and environmental organizations, which sought to suspend the application of the amendments Law 27804 introduced to the Glacier Protection Law.

The Court held that laws enacted by Congress enjoy a presumption of constitutionality and that, at least on a preliminary basis, no manifest unlawfulness or specific and imminent risk had been demonstrated that would justify suspending the effectiveness of the law. It also noted that the amendments preserve protection mechanisms for inventoried glaciers and provide for technical, environmental, and public participation procedures prior to the exclusion of protected areas.

The Court held that, at this preliminary stage, Law 27804 does not appear to be aimed at dismantling environmental protection, but rather at establishing a rule of federal interpretation that reconciles the protection of glaciers provided for in article 41 of the Argentine Constitution with the original ownership of natural resources vested in the provinces under article 124.

The Court also noted that the amendments preserve the protection of all glaciers and periglacial landforms included in the Argentine Glacier Inventory. Such protection may only cease following an administrative and technical-scientific procedure aimed at demonstrating that the resource does not fulfill the hydrological functions provided for by law, with the intervention of the competent authority and, as applicable, an environmental impact assessment, strategic environmental assessment, and public participation process.

Consequently, the Court found that the alleged environmental harm remained hypothetical, as no evidence had been provided that any glacier or periglacial environment had been excluded from the Inventory, or that any province had initiated the administrative procedure or the technical-scientific studies aimed at supporting a potential exclusion.

The Court further clarified that the precautionary principle, notwithstanding its importance in environmental matters, does not exempt a party seeking injunctive relief from establishing the legally required prerequisites, nor may it be used as the sole basis for the preventive suspension of a national law on the grounds of abstract concerns regarding environmental degradation, particularly when the inventoried glacier ecosystem continues to be protected.

Therefore, the Court dismissed the appeal and affirmed the first-instance decision, finding that neither the likelihood of success on the merits nor the risk of irreparable harm required to grant a preliminary injunction suspending an Act of Congress had been established. It clarified, however, that its ruling was limited to the request for interim relief and that the merits of the case, including the constitutionality of the law, will have to be decided at a later stage.

“C.E.C.I.M. La Plata c/ PEN s/ amparo ley 16.986” (Argentine Supreme Court, September 29, 2026)

The Argentine Supreme Court reversed the ruling of Chamber III of the Federal Court of Appeals of La Plata, which had recognized the standing of the La Plata Center of Malvinas Veterans and had declared the unconstitutionality of the repeal of the Rural Land Law.

The Court also expressly clarified that its ruling does not entail any opinion whatsoever regarding the constitutional validity of article 154 of Emergency Decree 70/2023 (DNU 70/2023).

“Asociación civil Árbol de Pie y Otros c/ Poder Ejecutivo Nacional s/Amparo Colectivo.”   (Argentine Supreme Court, October 9, 2026)

The Argentine Supreme Court ordered referring the case filed by the Asociacion Civil Arbol de Pie and others challenging article 154 of Emergency Decree 70/2023, which repealed the Rural Land Law, to the Federal Court of San Carlos de Bariloche. At the same time, the Court ordered the interim suspension of the effects of that provision until the court with jurisdiction rules on the plaintiffs’ standing and on the preliminary injunction sought.

According to the Court, the dispute should continue before the court of original jurisdiction, which had not yet ruled on the preliminary issues raised in the proceeding. In that context, the Court considered it necessary to maintain an interim measure while those issues are being resolved.

Consequently, the repeal of the Rural Land Law, enacted through article 154 of Emergency Decree 70/2023 (DNU 70/2023), will remain suspended within the context of this proceeding until the court hearing the case issues a decision regarding the plaintiffs’ standing and the appropriateness of the preliminary injunction sought.