Article 37 – III: Status of the Exploration Permit after the awarding of a Mining Concession

The grant of a Mining Concession results in the cancellation of the Exploration Permit within the perimeter of the Mining Concession.

However, Exploration activities relating to mining operation may continue. Should a Mine Substance, in a category different from the one for which the Concession has been granted be discovered, the holder shall have a pre-emptive right in respect of its mining operations. This right must be exercised within a maximum of eighteen (18) months from the date of notification of the discovery to the State.

The MPDC is responsible for reviewing the application and land evaluation.

The technical and environmental evaluation and related opinions fall within the jurisdiction of the National Mining Authority and the Ministry in charge of the Environment, in association with the Technical Committee of Titles and the National Mining Commission.

The Minister in charge of Mines is responsible for the decision to approve or reject Mining Titles as well as its notification and publication.

A Mining Agreement setting out the terms and conditions for operating the Concession is to be negotiated and signed, in accordance with the provisions of Article 18 of this Code.

In the absence of a valid Exploration Permit and for a discovered Deposit, a Mining Concession is granted in accordance with the competitive and transparent tender procedure, according to the rules to be defined in the statutory instruments.

The tender process is carried out by the Technical Committee of Titles in partnership with the National Mining Commission.