The superimposition of Exploration Permits and Authorisations for exploration or staking for different substances belonging to different categories and between different holders is authorised. The activity of the holder of the most recent Mining Title or Authorisation must be conducted so as not to prejudice the activity of the holder of the oldest Mining Title or Authorisation.
If this is not the case, the perimeter of the most recent Mining Title or Authorisation may be amended or the exercise of rights of its holder temporarily suspended in respect of all or part of the common area.
No other superimposition of Mining Titles and Authorisations relating to different substances belonging to different holders is authorised.
With the exception of Exploration Permits,and Authorisations for exploration or Staking permits, the authorised overlap between different holders will be limited to encroachments between Mining Titles and petroleum Titles.
In case of overlap on the same surface between Mining Titles and petroleum Titles, the activity of the holder of the most recent Title must be conducted so as not to prejudice the activity of the holder of the oldest Title.
If this is not the case, the area of the most recent Title may be amended or the exercise of the rights of the holder be temporarily suspended in respect of all or part of the common area.
The decision to amend the perimeter of the most recent Title or to suspend the holder’s rights will be taken in consultation with the National Mining Authority and the department responsible for petroleum research, after hearing submissions from both titleholders.
This decision will be made by order of the Minister, if this Title is an Exploration Permit or an Authorisation and by decree of the President of the Republic if it is a Mining Operation Title.