Bibliographic citations
Martínez, L., (2021). El procedimiento administrativo de modificación del derecho minero en el IGAFOM : análisis del precedente de observancia obligatoria - Resolución N° 503- 2019-MINEM/CM [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/20134
Martínez, L., El procedimiento administrativo de modificación del derecho minero en el IGAFOM : análisis del precedente de observancia obligatoria - Resolución N° 503- 2019-MINEM/CM []. PE: Pontificia Universidad Católica del Perú; 2021. http://hdl.handle.net/20.500.12404/20134
@misc{renati/528202,
title = "El procedimiento administrativo de modificación del derecho minero en el IGAFOM : análisis del precedente de observancia obligatoria - Resolución N° 503- 2019-MINEM/CM",
author = "Martínez Mezones, Lucía Milagros",
publisher = "Pontificia Universidad Católica del Perú",
year = "2021"
}
The Mining Council in Resolution No. 503-2019-MINEM/CM established as a precedent of mandatory observance that when an informal miner requests to modify the concession that has been recorded in its IGAFOM, the holder of the mining concession on which the transfer is being requested must be notified so that it may issue its consent within 10 days, otherwise the procedure cannot continue. This, in an attempt to ensure a better protection of the exploration and exploitation rights of the mining concession holder, who is harmed when an informal miner carries out activities in his concession without his permission, since it affects the future development of the mining activity of the mining concession holder, in addition to the extraction of the minerals that are in the concession. Notwithstanding, when the owners become aware that their concession is being used without their authorization, it is complicated to stop the activity, since the informal miner has been able to manage the approval of his IGAFOM with that mining right consigned, and unless they have an authorization to start or restart the activity or are registered in the REINFO, they cannot oppose it through administrative channels; however, this does not limit the civil or criminal actions that they are entitled to exercise. On the other hand, we consider that this precedent adds requirements to the procedure to modify the name and code of the mining right in the IGAFOM, since, as of this precedent, it is mandatory to notify the mining owner of the transfer concession and his consent by showing the contracts or authorizations signed with the informal miner. For us, this new requirement may represent a hindrance for the mining formalization process, since the main obstacle to complete the formalization is to obtain the concession transfer or exploitation contracts.
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