This initiative adds and repeals various provisions of the Mining Law, the National Water Law, the General Law of Ecological Balance and Environmental Protection and the General Law for the Prevention and Integral Management of Waste, in terms of concessions for mining and water

Highlights:

 
Mining Law:
  • It prohibits the granting of concessions in Protected Natural Areas or where the population is put at risk, as well as areas with no water availability.
  • It eliminates the free land and first applicant scheme.
  • It eliminates the preferential nature of mining activity.
  • It eliminates the right of concession holders to obtain the expropriation of land for mining exploitation.
  • It establishes the obligation to determine the social impacts of each mining concession.
  • It establishes free and informed prior consultation of indigenous and Afro-Mexican peoples and communities.
  • It reduces the duration of mining concessions from 50 to 30 years, with the possibility of extending them for an 25 year period, at the end of which, in case of participating in the new tender for the same lot, the holder would have preference for another 25 non-extendable year period.
  • Exploration permits will be issued.
  • Regulates the transmission of concession titles.
  • It adds grounds for cancellation of mining concessions.
  • It incorporates a chapter on crimes in order to punish criminal conduct in mining.
 
National Water Law:
  • It establishes the figure of the water concession for specific use in mining, which will have a maximum length of 30 years with the possibility of an additional 25 year extension.
  • Expands the grounds for revocation of the water concession.

 
General Law of Ecological Balance and Environmental Protection:
  • Not to grant authorizations for mining activities in Protected Natural Areas.
  • Holders of mining concessions and allotments must submit a Mine Restoration, Closure and Post-closure Program for evaluation and, if applicable, authorization.
 
General Law for the Prevention and Comprehensive Management of Waste:
  • Includes the management of mining and metallurgical waste.
  • It grants the Federal Government the ability to issue regulations, Official Mexican Standards and other legal provisions, to regulate the comprehensive management of mining and metallurgical waste within its jurisdiction.
  • It forbids the final disposal of mining waste and metallurgical waste in Protected Natural Areas, wetlands, channels and federal zones of national waters or in places which, due to the path that the waste will follow before its rupture, affects population centers.
  • The management and final disposal of mining and metallurgical residues are the responsibility of whoever generates them.