Bibliographic citations
Gonzales, A., (2023). Análisis jurídico de los factores limitantes del Procedimiento Administrativo de la Servidumbre Minera [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/26083
Gonzales, A., Análisis jurídico de los factores limitantes del Procedimiento Administrativo de la Servidumbre Minera []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/26083
@mastersthesis{renati/24576,
title = "Análisis jurídico de los factores limitantes del Procedimiento Administrativo de la Servidumbre Minera",
author = "Gonzales Lopez, Abigaid Jholaine",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
This research develops content related to the mining easement procedure regulated by various sectoral regulations that show that, since the entry into force of the Land Law and its complementary regulations, this procedure is currently in disuse because the owner of the mining activity has no confidence or willingness to appeal to the mining authority, as he prefers to save time and reduce costs. Furthermore, he does not intend to generate any disagreement with the community and affect the development of the mining project. The general objective is to identify the three limiting factors in the development of the mining easement administrative procedure, and this allows us to conduct an exhaustive analysis of the regulations governing this procedure in order to identify the main differences. In addition, the six cases approved by the mining authority are taken into consideration, in order to delimit the problems more rigorously and to gather lessons that will complement the proposals and/or improvements that can be made. On the other hand, the easement procedure linked to the electricity sector is analysed, considering its characteristics, classification, among other aspects that present a different result, as this analysis is presented in comparative tables. Then, a comparative law analysis is carried out, studying the legislation of Chile. Finally, it concludes with the development of regulatory proposals based on the study of these three limitations, which are outlined in a comparative table and a table of advantages and disadvantages in relation to the proposals is also projected, since it is important to evidence the impact that it will have on the other party, which in this case would be the owner of the surface land.
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