Bibliographic citations
Pozada, A., Rabanal, R. (2018). Evaluación del proceso de formalización minera al amparo del decreto legislativo n° 1336 en la región Cajamarca [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/13963
Pozada, A., Rabanal, R. Evaluación del proceso de formalización minera al amparo del decreto legislativo n° 1336 en la región Cajamarca [Tesis]. PE: Universidad Privada del Norte; 2018. https://hdl.handle.net/11537/13963
@misc{sunedu/4110156,
title = "Evaluación del proceso de formalización minera al amparo del decreto legislativo n° 1336 en la región Cajamarca",
author = "Rabanal Ibañez, Rosa Saira",
publisher = "Universidad Privada del Norte",
year = "2018"
}
ABSTRACT One of the problems with respect to mining in our country is the formalization of small-scale mining and artisanal mining producers, since the legal regulations in most cases have not been adequate and easy to comply with. In this context, this research aims to evaluate the mining formalization process in the Cajamarca region under Legislative Decree No. 1336, since with Law N ° 27651 and DL N ° 1105 the favorable results were not obtained in the formalization process, since the mining operators had many obstacles to complete the requested requirements and only 12 operators were able to be formalized from 2002 to August 2017. Currently the DL 1336 has reduced to 3 the requirements that a mining operator must accredit to be formalized. The investigation consists of determining how many miners have been formalized in the time since D.L 1336 took effect and at the same time determine how many meet or have submitted any of the requirements that this merits. Obtaining as result only 7 mining operators that obtained resolution of start / restart of exploitation activities which represents 0.73% of a total of 686 formalization subjects declared as informal. Also 104 people have presented IGAFOM; 38 have accreditation of surface land and 60 have accreditation of current concession ownership. At the same time, a survey was conducted of officials of the Regional Directorate Energy and Mines -Cajamarca, which determined that the biggest obstacle to formalizing is to obtain an exploitation or assignment contract when the subject of formalization is not the owner of the concession. Taking into account these results it was determined that the D.L. 1336 is not effective, finally it is recommended to implement and modify laws that allow the operator to obtain the formalization in a more practical way, promote dialogue tables so that they reach consensus and obtain their assignment or exploitation contract. Also, caution regional governments with more budget both to help with procedures and to hire more specialized staff because there are many files waiting to be evaluated and approved.
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