Aurelian Resources Was Stolen By Kinross and Management But Will Not Be Forgotten
The company whose shareholders were better than its management
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Art. 1. - Scope of application. The present Law of Mining norm the relations of the State with natural and legal, national or foreign the people public or deprived and those of these to each other, with respect to the obtaining of rights and of the execution of mining activities. they except of the dispositions of this Law mining-medicinal petroleum and other hydrocarbons and watersArt. 4. - Public Utility. The mining activity is declared environmentally of public utility viable in all phases, inside and outside the mining concessions. Consequently, the constitution comes from the servitudes that will be necessary according to this Law. The constitution of servitudes also comes for that one mining that for want of technological resources is not environmentally viable.Art. 5. - Dominion of the State on mines and deposits. They belong to the inalienable dominion and imprescriptible of the State all the existing mineral substances in national territory, any are his origin, forms and been physical, they are in interior or in the Earth surface, in bottoms or in marine waters. The constitution of servitudes also comes for that one mining that for want of resources technological he is not environmentally viable.In agreement with the anticipated thing in the Art.… of Political constitution of the Republic, the State can authorize the execution of activities miners for the rational advantage of mineral resources to the natural people or legal, national or foreign, granting right miners to them, in accordance with this Law. The state will evaluate and preserve the natural resources, having it to develop a system of basic information for the promotion of investment, to normar the mining activity at level national and the control in agreement with basic principle of administrative simplification. The advantage of the mineral resources it realises through the enterprise activity of state and of the individuals, by means of the regime of concessions. *** Concordant with the necessity to justify existence of the National Geologic Service, Direction of Control and Mining Control and National Mining corporation:In agreement with the anticipated thing in the Art.… of Political constitution of the Republic, the State can autorizaSe consider accessory buildings to the concession the constructions, facilities and other objects affected permanently a its operation. The mining concession is susceptible of division material or accumulation, within the limit of one hectare mining minimum and 5,000 hectares miners principles, by concession. No natural or legal person will be able to maintain a concession by more than two years from the granting of the mining title without realising investment of exploration with a minimum equivalent to U.S. OF THE AREAS OF MINING RESERVE AND OF THE ZONES RESTRICTED Art. 8. - Note: Article countermanded by Art. 52 of Law no. 000, published in Official Registry I supplement 144 of 18 of August of the 2000. Art. 9. - Note: Article countermanded by Art. 52 of Law no. 000, published in Official Registry I supplement 144 of 18 of August of the 2000. Art. 10. - Note: Article countermanded by Art. 52 of Law no. 000, published in Official Registry I supplement 144 of 18 of August of the 2000. $100.00 by Are miner. The investment will have to be Justified by the respective declaration to SRI. To eliminate To eliminate Eliminarr g) Of the Direction of Civil Aviation, in zones where will be aerial tracks and airports.a) In all the national territory: The President of the Republic, the Vice-president of the Republic, the Ministers of State, the General Contralor of the State, the General Solicitor of the State, the ministers of the Supreme Court of Justice, vowels of the Constitutional Court, ministers of the Fiscal Court, the ministers of the Court of the Contentious Office staff, the deputies, the President of the Meeting Monetary, the Manager of the Central bank, civil servants and employees of the Ministry of Mines and Petroleums and of its assigned organizations, and the members of in good condition active the Public Force;.e) The natural or legal people who at the time of soliciing of the mining concession are in debt with the State. f) The natural or legal people who being be Contracting Miners will be lost such quality by incumpliento of obligations derived from the concession and they will not be able to ask for mining concession some within the term of three years.eArt. 16. - National Mining Activity. The national mining activity is developed by means of the state, mixed, communitarian or of self-management and deprived management. The State executes its mining activities by interval of Mining the Nacional Company that it will be able to constitute companies of mixed economy, to celebrate Associations, Joint Venture, alliance strategic, and generally all act or contract allowed by the national Laws in order to fulfill its social object and to reach the national objectives.The communitarian activities or of self-management and the prevailed one enjoy the guarantees that correspond to them and deserve the state protection, in the form established in this Law.d) Benefit is the set of physical, chemical processes and/or physical - chemical, that are realised to extract or to concentrate the parts valuable of a mineral aggregate and/or to purify, to fuse or to refine metals and includes/understands the following stages:1. - Mechanical Preparation. - Process by which it is reduced of size by cuts or crushing, it classifies or a mineral is washed.d.2. - Metallurgy. - Joint of processes physical, chemicals and/or physico-chemical that are realised to concentrate and/or to extract the valuable substances of minerals. d.3. - Refinement. - Process to purify metals of obtained products of previous the metallurgical procedures.h) Closing of Mine. - The completion of mining activities or dismantling of the mining project originated by the extinction of the rights of the mining holder or by total extraction of the mineral Consists of. Within this phase one is the recovery and environmental stabilization.Art. 20. - Execution of the mining policy. The Ministry of Mines and Petroleums is the Secretariat of State in charge of the planning, execution and administration of the mining policy approved by the President of the Republic. Their functions are established in this Law and Regulation.Art. 21. - National Direction of Mining. The National Direction of Mining is the dependency of Ministry of Mines and Petroleums, ordered of to administer the granting processes, conservation and extinction of mining rights, of conformity with the regulations of this Law. His attributions are indicated in the Art. ..... the Ministry of Mines and Petroleums, will fortify the Directions Regional of Mining existing and it will create those that they will be necessary for the fulfillment of his functions, those that will have jurisdiction and competition in the territorial section that them it assigns. Their attributions are those that are indicated in the Art. ..... Eliminated in accordance with the Organic Statute of Organizational Management.Art ...... Direction of Control and Mining control. - The Direction of Control and Mining Control, is a dependency specialized of the National Direction of Mining, that it will have to his position, the control and engineering control and economic of the mining activities realised in the national territory. his attributions would be indicated in the respective Regulation. Art.… Mining Estatal Company. - Mining the Estatal Company, is an Organization with administrative autonomy, ordered of to develop the Mining Projects in reserved areas for Ecuadorian state, for this effect will be able to be associated, to constitute companies of mixed economy, to generally celebrate strategic Associations, Joint Venture, alliance and all act or contract allowed by the national Laws in order to to fulfill its social object and to reach the national objectives; with natural or legal people, national or foreign, public or prevailed. Their constitution and operation will be regulated by the Regulation dictated by the President of Republic. Art…. Public registry of Mining and National Mining Newspaper. - The Public Registry of Mining, is the dependent organization of National direction of Mining, ordered to register and to legitimize all the administrative acts that grant, they modify or they extinguish mining rights in Ecuador, The National Mining Registry, will publish the Newspaper monthly National miner, who will contain a summary of the acts office staff that create, modify or extinguish rights miners in EcuadorArt. 25. - Administrative Systems. The civil servants and employees who serve their in the organizations and organisms that this Law regulates, will be subject to the Statutory law on watch Civilian and Race Administrative.Art… - Origin and distribution of the resources. - The economic resources generated by proceeding concept superficiarios, clear office staff, rights of additional conservation, fines and all the headings contemplated in this Law, they will enter to Cuenta Unique of the General Budget of the State and they will have to credit itself in automatic form ........….The economic resources generated by different proceedings and activities are classified in: Administrative proceedings, right superficiarios and conservation patents. - 75% of this collection is used by the municipality or municipalities of the mining jurisdiction; 10% for ministry of Mines and Petroleums (national direction of mining, national geologic service, direction of control and mining control, system of administration and mining information - National Mining SIAMRegistro and the Mining Newspaper; 10% for the universities and institutes superiors with it soothes in the province of the mining concession; 5% stop recuperac ion of environmental liabilities and its works of engineering. Mining exemption. - 40% of this collection are destined to development plans of the parochial meetings; 25% for the Provincial Council, 25% for the Municipality; 10% for public Universities. Definition of Mining Exemption. - Payment to the Be in favor of the operation of the mineral resources. One is pleased on the basis of the value of the processed mineral. Ranks of payment - Of 1 @ U.S. $ 50 million/year pays 3% - Between U.S. $ 50 - 100 million pay 4% - But of 100 million 5% pay ** The small mining and mining producers artisan they do not payb) The payment of Rights of superficiaria conservationArt. 26. - Freedom of prospection. All natural or legal, national or foreign person has the faculty of to prospect freely with the intention of looking for substances minerals, safe in those areas included within the limits of mining concessions, areas of the national system of protected zones and in the areas declared like of mining reserve. When it is of the case, the information referred in Art. 11 of this Law will have to be obtained.One prohibits the mining prospection in urban zones and centers populated, reserved for the National defense, archaeological and on public properties; except for previous authorization of the competent Organization. Art.… - mining Concessions. The State will grant mining concessions in favor of natural or legal people, public or deprived nationals or foreigners, according to the prescriptions of this previous law and the approval of justificatory economic technicians and who guarantee the Project. The mining concessions are irrevocable, in as much the Mining Contractor fulfills the obligations that this Law demands to maintain its use.Art.… - Dimension, term of the concession and surplus. Each mining concession will not be able to exceed 5,000 hectares mining contiguous. The concession of exploration will have a term of duration of up to twenty years nonrenewable; and,of twenty years renewable in the case of concessions of operation., renovation that will be granted at the request of the concessionaire always and when it justifies the necessity to maintain concession and justifies the strict fulfillment of its obligations during the time that has lasted such concession. If between two or more mining concessions it were free space that will not get to form one " hectare minera" , although altogether it covers more than 10,000 meters squared, such space it will denominate surplus, that will be able to be granted to adjacent concessionaire who asks for first it.The Mining Contractor, who will be itself crippled to execute his mining workings normally, by force greater or act of God properly verified, he will be able to solicit before the National Direction of Mining, as much the suspension of the term of the concession by the lapse that lasts the impediment like the repetition of the part proportional of the patents paid during this lapse. In no case the suspension of the term by force greater or act of God, will be able to exceed two years from the notification with the Resolution that approves this suspension. If indeed, it will exceed east time, the National Director of Mining, will dictate to the corresponding Resolution declaring the fulfillment of the term of suspension authorization and will send thisResolution to the Regional Director of competent Mining for the procedure of the fine corresponding whose procedure settles down in the regulation. To eliminate Art.s… - Right of administrative proceeding. The interested ones in the obtaining of concessions miners will pay for rights by each proceeding of request of mining concession and by a single time, one hundred dollars of the United States of America by each asked for hectare.OF THE MINING CONCESSION OF EXPLORATION Art… Participation of the community. - All mining concession for its granting will have previously to inquire to the community about the reach into project. The law will regulate the procedures of citizen participation in these cases. Art… the State celebrates Mining Contracts of Exploration, with natural or legal, national or foreign the people, in agreement the prescriptions of this law. The Mining Contract of Exploration confers real and straight exclusive to explore within limits of this, during the fixed of up to twenty years nonrenewable, counted term from registry of the title. The State guarantees and grants in addition the exclusive right to obtain within the reconnaissance area concessions of operation. The concession of exploration includes/understands to all the minerals that can be found within this. terms of reference of the Mining Contract of Exploration will be regulated.(*) From the inscription in the Mining Registry Amounts of payments of superfisorios rights Calculation of Exemptions Distribution of the PrivilegesThe lack of subscription of the document before indicated or of payment of the superficiario right of conservation, they constitute sufficient reasons for the abandonment declaration and file of requests in the form that it establishes in the present law and its general regulation. Eliminated Eliminated Art… - Semester information of advance. The Mining Contractors of concessions of exploration will present/display to the Regional address of Mining of their jurisdiction semester information of advance of the works, including a relation on the investments carried out and the obtained results. Art….- Transformation of the concession. During the use of the concession of exploration, the Mining Contractor can solicit that is transformed it into one or more concessions of operation. Art….- Closing report of exploration. Jointly with the request which he deals with the previous article, the holder will have to present/display to the Regional address of Mining of his jurisdiction a closing report of exploration, that he will contain a summary of the executed works, realised investments and the obtained results.Next to the closing report, the Mining Contractor of concession will present/display the program of work e investments that will consist of a brief scheme of works, works and investments that will be of to execute itself in the starting phase of operation, including the scale of production projected for when mine reaches its normal energy level. Art. Prohibition of new concessions: The mining Contractors who by anyone of the causal ones established in this Law, there will be lost one mining concession of exploration, will not be able to obtain directly nor by interposed person another concession of exploration on the totality or leaves from the expired concession. Art ..... Environmental and technical requirements for change of phase. - The obtaining of the operation title will be submitted to the approval of the study of evaluation of environmental impact and upon presentment preliminary of feasibility studies that justify the execution of the project. Art…. The Mining Contracts of Exploration, will be of administrative nature and its opposition will be solely before the Courts of the Contentious thing Office staff and under the Law of the Jurisdiction of the ContenciosoAdministrativo.OF THE CONCESIONMINERA OF OPERATION Art. Concessions of operation. - The State grants concessions of operation in favor of people natural or legal, national or foreign, public or prevailed that has fulfilled to cabalidad with its obligations in the phase of exploration, according to the prescriptions of this Law and his Regulation. The Concession of operation confers to its holder the real and exclusive right to explode and to explore complementarily in rational form, to benefit, to fuse, to refine and to commercialize all the substances minerals in sustainable and viable form environmentally that it obtains within the perimeter of its concession. Art. Permission of operation. - When the mining workings to which the literal c) of Art. 18 talks about of present Law, requires an exploitation system a abierto sky, the mining holder, like condition qualifying and previous at the beginning of his workings, it will have to ask for in writing the intervention of the Ministry of Mines and Petroleums in the right negotiation of purchase earth in the cases that the contractor has not been successful in the purchase of the lands that will be used for the operation. The breach of the rules contained in the preceding interjection, will constitute reason for fine whose procedure will be regulated
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