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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OF THE SPECIAL REGIME OF ARTISAN MINING Art…. Activities of artisan mining of subsistence: The artisan mining of subsistence consists of the individual and/or familiar work of that realises mining workings as half of sustenance and it is characterized by the use of rudimentary instruments, simple and portable apparatuses manuals or machines. The quality of artisan miner of subsistence will be justified before the Regional address of Mining of the jurisdiction of the address of the applicant and it will be legalized by the corresponding Resolution emitted by the same Direction. It is possible to be realised artisan activities of subsistence solely in the beds and beaches of the rivers and in the lands that are of property of the artisan miner. Surface of exploration: 1000 Hectares Levels of production: 25 TM/día The artisan matriculation of subsistence mining protects its holder to realise extractive workings in a maximum perimeter of one hectare mining, that will have to be limited in the cadastral coordinates that the effect stops indicate the Regional address of competent Mining. It will not be able to be realised artisan mining activities of subsistence in the areas where right miners protected by a mining title exist; and, no person will be able to obtain more than an Artisan Mining Matriculation of Subsistence. In order to obtain the Artisan Mining Matriculation of Subsistence, the petitioner will pay by a single time the sum of ONE HUNDRED DOLLARS of the United States of North America. The matriculations of artisan mining of subsistence, will last maximum of five years renewable. Art. - the State regulates the Policy of Promotion and the Environmental Policy. Art…. Benefits for the artisan miners of subsistence. - The holders of artisan mining matriculations of subsistence, will be able free of charge to ask for the Regional address of competent Mining, the Advising in technical-environmental matter that them he allows to develop his activities of economically and technically viable and environmentally viable way.Art.… - Clear of production. From the beginning of commercial production, the mining concessionaire one will pay patents annual stable, by each hectare showed miner, in forms preparations by the Regional addresses, in production, of fifty dollars of the United States of America. In the case of companies that count on some concession miner, but whose main activity is not regulated by the Statutory law of Mining for calculation of the annual canon of production, the Ministry of Mines and Petroleums it will establish to the referential price of the mining product, that will be regulated by the table that quarterly Note: Article replaced by Art. 46 of Law no. 000, will publish in the mining newspaper. published in Official Registry I supplement 144 of 18 August of the 2000. Art.… - annual Information. During the operation commercial, the holders of “small” concessions miners will have to present/display, until the 31 of March of every year, in the Regional address of Mining competent, information audited with respect to his production, in agreement with the technical guides who it prepares the National Direction of Mining. These information will be subscribed by the concessionaire miner and by its technical adviser who will have to credit its quality of professional in the geology branches and/or mining. To eliminate Art ..... Monthly information of Production. Contractor Mining of concessions of operation a median and great scale will present/display to the Direction Regional of Mining of its jurisdiction information monthly, as much of the works and investments realised, like of the obtained production, in simplified forms that the effect stops elaborate the National Direction of Mining. This report will be presented/displayed until day 10 of beginning of every month. information del that treats east article will have to be analyzed by the National Direction of Control and Mining Control.The audits to the indicated information will be contracted by the concessionaires, under his exclusive cost, with natural people or legal nationals or foreigners properly described like consultants or mining auditors, and registered in the registry in charge of the Undersecretary of Mines, in agreement with the pertinent norms of the regulation general of the Law of Mining. The Undersecretary's office of Mines will update the registry of environmental auditors and miner and will publish itself in the Mining Newspaper.OF THE CRIME ILLICIT MINERAL OPERATION Art.… - illicit mineral Operation. They will incur crime of illicit operation of mineral substances and will be sanctioned in the form determined in the Art…. of this law, who conduct the operations, works and workings to which the literal c talks about), of Art. 18, without being concessionary miners or having the endorsement of this law for the effect. Art… - Illicit mineral operation. Who without being concessionary miners or do not have endorsement of this law to conduct operations, works and workings to which the literal c) of Art. 18 talks about, i incur crime of illicit operation of mineral substances and will be sanctioned by the competent penal judges in it forms certain in Art. XX of the Penal Code. Art….- Illegal mineral Operation. The Mining Contractors who have Contract of Exploration that they will conduct operations, works and workings of commercial operation, will be sanctioned administratively previous the report of the National Direction of Control and Mining Control of the following way: a) In the first time with the equivalent to the value of the double of the superficiario right that corresponds to the surface of its mining area.b) In the second time, the Regional Director of Mining obligatorily will have to emit the administrative act that declares the lapsing of mining title of exploration. The same administrative sanctions applied to those concessionaires of operation who realise extractive mining activities, when their activities are suspended legally. Art…. Of the procedures. The National Director of Mining, will verify the attack of the crime of illicit mineral operation and object of the crime will come to the seizure of products, as well as of machinery, equipment or implementos used in its commission, it will raise the corresponding act and it will send all the acted one to Public ministry.CHAPTER IV OF THE BENEFIT PLANTS, SMELTING AND REFINEMENT Art. 45. - Authorization for installation and operation of plants. The Ministry of Mines and Petroleums authorizes the installation and operation of benefit plants, smelting or refinement to any natural person or legal national or foreigner asks for who it and fulfills the requirements settled down for the effect in the Regulation of this Law. (payment of proportional rights to the capacity of production of the plant to settle).Art. 47. - Annual Information. The Mining Contractors of benefit plants, smelting and refinement they will present/display to the Regional address of Mining of his jurisdiction, annual information of his activities, briefing the established information in letter c) of Art. 54, jointly with a summary of the investments and works carried out, the production obtained and the technological results of the operation, the same that will have to be analyzed and to be approved by the Regional address of Mining. Art. 48. - State the Minera Company through alliances, joint ventures, associations, etc., will manage construction of one or two plants of benefit, smelting and refinement for the processing of minerals of the artisan mining and small scale with 5000 a capacity nongreater to TM/díaArt. 50. - Straight of free commercialization. The holders of concessions of operation can to commercialize freely its production inside or abroad. The contract of Operation establishes the parameters of commercialization with each mining contractor.Art….- Causal of extinction of the Contract of Mining Exploration and guarantee of legal security. The Contracts of Mining Exploration of exploration properly protocolised and registered they will be extinguished by the following causal ones: a) By fulfillment of the term b) By reduction or it resigns c) For want of payment of superficiarios rights by 2 years consecutive d) By repeated illegal mineral operation e) By serious environmental damage described by the Undersecretary of Environmental Protection of the Ministry of Mines and Petroleums. f) By presentation of information whose falsification would have been verified. g) By breaches majors to the Plan of Handling Environmental The Contracts of Mining Operation properly protocolised and registered they will be extinguished by the following causal onesa) By fulfillment of the term b) By reduction or it resigns c) For want of payment of superficiarios rights by 2 years consecutive d) By repeated illegal mineral operation e) By serious environmental damage described by Undersecretary of Environmental Protection of Ministry of Mines and Petroleums. f) By presentation of information whose falsification would have been verified. g) By the breach in the payment of exemptions h) By repeated nonobservance of the methods and techniques that assure diminishing damages to the ground and adjacent concessions. i) By breaches majors to the Plan of Environmental management They are not clear no other causal one of extinction of Contracts of Mining Adhesion that those that they consist in this article. Art. 58. - Continuity of the works. No authority can order the suspension of mining works protected by a Contract of Mining exploration, safe in the case of internment anticipated in the Art.s. 94 and 95, or when they demand therefore it the protection of the health and life of the mining workers, or requires the Civil defense.The State will guarantee the continuity of the mining works, through the intervention of the Public Force and at the request of the mining Contractor.Art. - labor Obligations within the community. - The law of citizen participation or the regulation of citizen participation of the Law of Managementenvironmental it will regulate the citizen participation in the part corresponding to hiring of local manpower required by the mining contractor.Art. 75. - Inspection of facilities. The holders of mining rights are forced to allow inspection of its facilities or operations, on the part of civil servants properly authorized by the National Direction of Mining. Said inspection will not be able to interfere with in any case the normal development of the mining works. it will regulate the procedure for the control and control of the mining and environmental activities in each project in operation.Art….- Access of the community. - Previous request signed by the legally conformed directive before the Ministry of Social Inclusion communities of the area of direct influence they will be able to visit the facilities and campingsmaximum 3 times in the year in order to know general way the works that mainly in the environmental aspect they are realising the mining companiesArt. Priority of the use of the water and payment of tariff by use. - The farming, domestic, public activities Have priority in the use of the water, industrialists and miners. The canon of use of the water for mining activities will have to be regulated settling down as tariff principle that one that it comes from the use of the water that after the corresponding treatment is given back to the environment in the same conditions physical chemistries of when one took them. Art. - Contamination of water-bearing. - For the prevention and conservation of underground waters it will be applied what corresponds in the Environmental Regulation stops Mining operationsArt. 108. - Invalidity of concessions. The Mining Contract of granted Exploration is null in disobedience to the Art.14 of this Law, and granted on a valid and legally registered concession, in the part in which it is superposed this.Art. 112. - Requisite. The contracts of Mining exploration, for their validity, the Ministries of Mines and Petroleums must be celebrated by means of public writing and register in the Mining Registry in charge of.This Transference is perfected with the inscription in the corresponding book of Mining Registry a position of the Ministry of Mines and Petroleums, fact which will be notified of the individual to the National Direction of Mining for the legal aims pertinent.It is eliminated based on the last article that consists with respect to the operation titles.Art. 148. - Free advantage of materials of construction for public works. The free one advantage of construction equipments for public works they will be able to be realised in areas concesionadas and not concesionadas, will contemplate payment of indemnifications if damages will be caused to proprietors of estates, considering the purpose social or public, this advantage will be authorized by the Regional address of Mining competent. In case the Free Advantages are asked for in concesionadas areas, the organization applicants will have to present/display the authorization of the Mining Contractor, elevated to public writing, with this requirement resolution will be emitted by the National Director of Mining.Art. 150. - Special Contracts of operation. The advantage of mineral substances of any class existing in marine waters and at heart sailor, this in charge of Mining the Estatal Company, the one that will be able to celebrate special contracts of operation with national companies or foreigners, with the requirements and under the conditions that will consist in the Special Regulation that, for the effect, the President of the Republic will dictate.Art. Of the mineral advantage nonconcesionados. - All natural or legal, national person or foreigner who will do his the minerals originating of the national territory, whose extraction will not be possible to normar by the regime of mining concessions, will pay by exemption concept 5% of the production that will generate that activity economic. The values to which east article talks about, in case nonobservance of this obligation, will be collected via coercive by the Ministry of Mines and Petroleums in agreement with the technical information presented/displayed for the effect by the Direction of Control and Mining Control.Art. 163. - Coercive Jurisdiction. The Ministry of Mines and Petroleums, will exert coercive jurisdiction for the collection of superficiarios Rights, Exemptions, interests by blackberry, fines and other surcharges like procedural coasts that are generated in their execution.Art. 164. - Import of mining implementos. The Tariff Committee will establish the tariff tariff more low one for the imports of machinery, laboratories, equipment, vehicles of necessary work, spare parts and provisions stop the mining activities in all phases, solely for those natural or legal people who have Mining Contracts of Exploration with Ministry of Mines and Petroleums.Art. 167. - Sales of minerals to the Central bank or Mining Nacional company. - For effects of the application of the present Law, the mineral sales of substances to Mining the Nacional Company or the Central bank of Ecuador will be considered like exports.Art. 170. - Registry of investment and contracts of technical attendance. All foreign investment that it is realised in cash in the mining activity with money, specific goods or services for the development of the same, will have to be registered in the Central bank of Ecuador. The contracts of technical attendance or of transference of technology for the sector miner that satisfies the requirements established by " Common regime of Treatment to the Foreign capitals and on Marks, Patents, Licencias and Regalías" and their Regulations, in which the stipulated exemption will be equal or inferior to 3% on net sales, will not require of authorization nor approval on the part of Ministry of Industries and Competitiveness. These contracts properly protocolised, they will have to be registered as much in the Central bank of Ecuador like in the National Registry Miner.Art…. The administrative acts that in mining matter will dictate to the civil servants of the Ministry of Mines and Petroleums, their use and opposition will prevail in which he will be applicable by the Statute of the Regime Legal Office staff of the Executive Function.a1) To subscribe contracts of mining Exploration and Operation.) To describe the artisan miners as subsistence and to emit the corresponding mining Matriculation.iArt. 180. - Registries of mining. The Contracts of Mining Exploration and Operation, acts and contracts referred in the present Law, will have to register in the Mining Registry in charge of the Ministry of Petroleum Mines, within the counted term of 30 days from their granting and celebration.The National Mining Registry will take the following registries: a) Of mining contracts; b) Of authorizations for the installation of benefit plants, smelting and refinement; c) Of mining areas; d) Of mortgages, burdens and prohibitions of to alienate; e) Of resignations and reduction of mining hectares; f) Of conversion of concessions of exploration in concessions of operation; g) Of servitudes; h) Of extinction of mining rights. i) Of the Artisan Mining Matriculations of Subsistence. j) Of the dominion transferences. The detailed acts or contracts in the present article will be of monthly obligatory publication in the mining newspaper.OF THE PROCEDURE FOR THE GRANTING OF CONTRACTS OF MINING EXPLORATION Art. 181. - Of the Title and the auction. The State it will determine the auction of the mining projects metalists, for the contract granting exploration miners will appear before Regional address of Mining of the jurisdiction that corresponds. If the asked for area corresponds to the jurisdiction of two or more regional addresses, the request will appear in that one where it finds this area most of.Art. 182. - Contract of Mining Exploration. Culminated the proceeding the Minister of the branch, by means of resolution, will celebrate the Contract of Mining Exploration of the concession of exploration, the one that its validity stops will contain the antecedents, it will indicate the term of duration of the concession and will be subject to the fulfillment of the acts anticipated in Arts. 179 and 180. A copy of the title of the concession properly enrolled in the National Mining Registry, it will be sent to the respective Regional address of Mining for his immediate incorporation to the system of national mining cadastre.OPERATION CONTRACTS MINER Art. - Feasibility studies and feasibility. - Previous at the beginning of production and once enrolled in Mining registry the Contract of Operation the mining contractor will have to present/display the feasibility and feasibility studies.Art. 188. - Demand of shelter. The holders of mining rights that take refuge in the shelter office staff will have to present/display their denunciation and shelter request, in writing, before the National Director of Mining, the one that will contain the detailed relation of the facts and the indication of the natural or legal people or the authorities causes of the invasion, despoliation or another form of disturbance. Copy will be accompanied by the up-to-date mining Contract and the proof of the payment of patents. Art. 189. - Administrative Inspection. After to accept to proceeding the demand, immediately and with preference to any other subject, the Director National of Mining will indicate to the place day and hour for a diligence of administrative inspection, and the Control Direction of and Mining Control or its delegate will be presided over by the Technician of, a Delegate of the Unit of Mining Legal Subjects and a Delegate of the Direction of Mining Environmental Protection, that it will verify personally facts to which the demand talks about; it will be able in addition to admit interventions of the parts, to receive testimonies or to carry out expert examinations. Of the happened thing as well as of the observations certainty in the respective act will be left.Art. 194. - Invader Sanction. Those that with intention to remove personal benefit or from third parties, individual collectively, invades zones of special interest, areas of mining reserve or areas under the Contract regime of Exploration and Operation Mining, attempting against rights of the State or the mining Contractors, will be repressed according to the prescribed thing in the first innumerado article, addition after Art. 575 of the Penal Code, reformed by Decree Supreme published no. 2969 in Official Registry no. 714 of the 20 of November of 1978 and with the fine of ten to two hundred vital minimum wages, the seizure of tools, equipment and production obtained, notwithstanding the demand of shelter.Immediately, and with notification to the parts, the Regional address of Mining will arrange that the corresponding inspection is realised and issues its report, regarding which it will order suspension of workings in the zone of the litigation and will dictate the resolution that corresponds in the controversy. Of the resolution that the Regional Director of Mining dictates, it will be able to be appealed stops before the National Director of Mining, in accordance with Statute of the Administrative Legal Regime of the Executive Function.Art. 196. - Demand. The Mining Contractor or of a plant of benefit, smelting or refinement that will need to establish a servitude in a land or a neighboring concession and will not reach an agreement with the owner or legal occupant of the land or the neighboring concessionaire, he will be able to resort before the Regional Director of Mining of the jurisdiction, to demand the constitution of the respective servitude, or for state intervention in the right negotiation in the land purchase affected by the activity miner.Art. 201. - Protocolización and inscription. The resolution by which the servitude is constituted, will arrange in addition its protocolización in the National Registry Mining in charge of the Ministry to Mines and Petroleums. OF THE PROCEDURES FOR COMPLETION OF THE CONTRACTArt. 202. - Resignation of mining hectares. It is possible to be resigned to one or more mining hectares included in a mining concession it constituted, whenever with the resignation it is not harmed straight of third parties. The resignation that does not include the total of the mining hectares of the concession will denominate partisan. The contractor mining also, can be seen forced to resign to hectares miners without by reasons for conservation of ecosystems or of traditional areas of cultures previous report of the Ministry of the Atmosphere pronouncing itself on the necessity to reduce the concession area.Art. 204. - Request of resignation. The resignation request will appear before the Regional address of Mining of the jurisdiction in which the area is located contract matter of mining adhesion and in her it will be requested specifically becomes ordained the cancellation of the respective inscriptions.Art. 207. - Opposition. They constitute causal of opposition: the contract existence of promise, mortgage, qualification, renting, operation or mineral sale and embargoes, with respect to the area that includes the mining hectares matter of the resignation. The single presentation of a demand of opposition will transform the procedure into contentious that will have to be transacted before the Regional address of Mining. Its resolution will be appealable stops before the National Direction of Mining, in accordance with the Statute of the Administrative Legal Regime of the executive Function.Art. 209. - Lapsing by ministry of the law. The regional directors of mining, by ministry of the Law and of office, will declare the extinction of them Contract of Exploration and Operation of the concessions of exploration and operation when their Contracts had incurred the causal ones indicated in the Art….- Causal of extinction of the Mining Contract and guarantee of legal security of this Law. The land matter of this declaration will be free without there is place to later resource.Art…. Illicit Mineral operation and transport. - Who without being Mining Contractors of concessions miners or to have the endorsement of the Statutory law of Mining executes operations, works and workings miners destined to the preparation and development of deposits or to the extraction and transport of minerals, will be sanctioned with prison of one a three years. Art. Illicit mineral operation described. - The pain will be of three to five years of prison, when: a) The acts anticipated in the previous article they will cause damages to the deprived public goods or; and, b) will cause physical injuries to people, whenever these do not constitute another crime more it burdens.
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