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Energy Reform Implementation Laws - Mining Law

Author:Mr Daniel Del Rio, Juan Carlos Serra and Francisco Gonzalez
Profession:Basham, Ringe y Correa, S.C.

On April 30, 2014, the Federal Government submitted to Congress a package of nine new laws and twelve energy statutes to be amended ("supplemental laws)," resulting from the recent changes to Mexico's Federal Constitution with respect to the energy reforms.

Regarding the amendments planned to the Mining Law, the most relevant aspects of the amendments to the Mining Law are described below:

The exploration and extraction of hydrocarbons, as well as the public transmission and distribution of electricity, are strategic activities of which the State is in charge, and these have preference over mining rights. An authorization issued by the Ministry of Energy is needed in order to be granted a mining concession. The authorization must state that the area covered by the mining concession may not also have hydrocarbon activities carried out on the same site. In addition to the concession title granted by the Ministry of Economy ("SE" for its acronym in Spanish) one must have the SE´s authorization to carry out carbon exploration and exploitation within the area covered by petroleum concessions and by hydrocarbon...

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