Mining News

National
General Resolution No. 2901/2010 enacted by the Administración Federal de Ingresos Públicos (federal tax authority) on 08/27/2010 (published in the official gazette on 07/22/2010)
The resolution modifies General Resolution No. 4210 which states the requirements and procedure for the reimbursement of value added tax as regards purchase or imports of goods and investments in infrastructure for the mining activity.

 

Resolution No. 865/2010 enacted by the Ministry of Internal Affairs on 08/26/2010 (published in the official gazette on 08/31/2010)
The resolution provides the procedure for the request to perform activities not related to border operations in International Crossings. Procedure for the request to perform activities not related to border operations in International Crossings: all requests must be submitted by note addressed to the Inter-sectoral or Local Zonal Coordinator, which must contain the object of the application, date and mode proposal in which the activity will be performed. Applications must be submitted at least FIFTEEN (15) working days before the proposed date of the event. Once the note has been received, the Coordinator must call a coordination meeting inviting every entity related to border operations. They must take minutes of the meeting, in which the Coordinator and the entities must state their opinion as regards the considered event. The proceedings must be sent to the Dirección de Asuntos Técnicos de Fronteras (agency of the Ministry of Internal Affairs in charge of supervising activities and permits in areas surrounding international borders). This agency will refer the documents to the Ministry´s press office. When the proceedings are returned to the Dirección de Asuntos Técnicos de Fronteras, this agency will issue its opinion on the viability of the request, which will be notified by note to the applicant.

 

Province of Cordoba
Law No. 9814, passed by the Legislature of the Province of Córdoba on 08/05/2010, enacted by the Executive Branch on 08/06/2010 (published in the official gazette on 08/10/2010).
It establishes the regime of the Territorial Classification of the Native Forests. All those Native Forests in the province’s territory –no matter their origin- as well as those formed in the future, fall under the regime of this act. The object of the law is to establish the territorial classification of the native forests for the Province of Córdoba, whose purpose is: a) to promote the conservation of the native forest by the Territorial Classification of the Native Forests and regulate the expansion of the agricultural, mining and urban borders, and any other soil usage; b) prevailing the precautionary and preventive principles contemplated in the Federal Law No. 25,675 –General Environmental Act- and the Federal Law No. 26,331 –Minimum Standards for the Environmental Protection of Native Forests-; c) to implement the necessary measures to avoid the reduction of the native forests occupied surface, according to the stipulation of Federal Law No. 26,331; d) to dispose of the necessary mechanisms in order to promote an increase of the total area and quality of the native forests and perpetually keep its environmental services; e) to maintain the biodiversity and certain ecological processes, and to improve the social and cultural processes in the native forests as a source of settlement and identity for its inhabitants; f) to guarantee the survival and conservation of the native forests, promoting its rational exploitation and correct use; g) to promote productive activities in the native forest concerning the Conservation Plan, Sustainable Managing Plan or the Utilization with Soil Use Change and Environmental Impact Assesment Plan (EIA Plan de Aprovechamiento con Cambio de Uso del Suelo y Evaluación de Impacto Ambiental), according to the conservation it belongs to, h) to establish a foment regime and criteria for the distribution of funds in order to compensate the landowners of the native forest; i) to guarantee the participation of the public in the process of and compliance with the Territorial Classification of the Native Forests and its effective application, following the stipulation of Federal Law No. 25,675, General Environmental Act, and Federal Law No. 25,831, Open Access of Environmental Public Information Regime, and j) to promote teaching activities and investigation for the conservation, recovery, enrichment, sustainable management and sustainable use of the native forest.
Section 37 stipulates that due to its transitory character mining is permitted with a previous Environmental Impact Assessment approved by the Enforcement Authority, in accordance with the current environmental and mining legislation in the Province of Córdoba.

 

Province of Rio Negro
Law No. 4552, enacted on 07/08/2010 (published in the official gazette on 07/22/2010)
The objective is to protect native forests within the province. It provides the territorial planning and land use as regards native forests, according to different conservation categories. It determines the uses to which the protected areas may be submitted to and sets the zones in which activities that result in modification or transformation of the area may not be performed.

 

Province of Salta
Law No. 7,625 passed by the House of Representatives and the Senators of the Province of Salta on 08/03/2010, enacted by the Governor of the Province of Salta on 08/04/2010 (published in the official gazette on 08/05/2010)
The object of this law is to protect glaciers that are included in the Provincial Glacier Inventory, with the aim of preserving its functions as strategic reserves of water resources and as water suppliers to hydrographic basins. Glaciers in the Province of Salta are provincial public property.
The law bans activities that involve destruction or relocation of glaciers included in the inventory, or interfere with its advance, degrading its functions, which shall be determined by the respective environmental impact assessment.
Likewise, it provides that all planned activities on glaciers included in the inventory, prior to authorization and execution will be subject to an environmental impact assessment and a strategic environmental assessment, according to intervention range. Notwithstanding the requirements contained in Law 7070, environmental impact assessments concerning glaciers protected by this law shall contain the individualization and characterization of the glacier according to the following detail: 1) hydrographic basin to which it belongs, 2) location, with specification of latitude, longitude, altitude and coordinates, 3) dimensions, with details of length, width, depth, surface and volume, 4) geomorphologic classification, 5) specific geology of location, indicating stratigraphy, tectonics, seismology, volcanism, mineralogy and petrology, 6) climatic parameters that indicate radiation, temperature, rainfall, winds, atmospheric pressure and evaporation, 7) surface and underground hydrologic parameters, indicating the difference between flow, surface runoff and infiltration, 8) water quality, concerning dissolved and suspended components, 9) characteristic flora and fauna, 10) other behaviors of anomalous characteristics such as “surges”, risk assessment of geological processes associated to advance and withdrawal of each glacier. Environmental impact assessment that does not comply with these requirements will be dismissed “in limine” by competent authority in charge of its evaluation. Once the environmental impact assessment has been approved or dismissed, the competent authority will send it together with all information in the proceedings to the Secretary of Water Resources or to the entity that should replace it, so that this information is added to the Provincial Glacier Inventory. Notwithstanding monitoring performed by the competent authorities, information contained in the assessment on glaciers must be updated at least every year.

 

Resolution No. 388/2010, enacted by the Secretary of Mining of the Province of Salta on 08/04/2010 (published in the Official Gazette on 08/18/2010)
The resolution approves the instructions on minimum standards considered in the mining investments plan that must be observed according to section 217 of the Argentine Mining Code.