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MISSION CONSTITUENT
Art. 1 .- It provides that the National Government through the Ministry of Mines and Petroleos declare
Revocation of all mining concessions in the phase of exploration has not conducted
Any investment at December 31, 2007, and who have not submitted their respective study
Environmental impact, including those that are pending administrative resolution.
Art. 2 .- It provides that the National Government, through the Ministry of Mines and Petroleos declare the revocation of mining concessions to keep its remaining obligations of the State in relation to patents, regalfas and more taxes.
Art. 3. It provides that the National Government through the Ministry of Mines and Petroleos declare the revocation of mining concessions granted within protected natural areas, forests and protective buffer zones defined by the environmental authority, and those involving births and sources water.
Art. 4 .- dispose cancellation of mining concessions in greater number three, have been awarded to a single individual or their immediate relatives to the fourth degree of consanguinity and affinity second or legal persons and their related companies, whether through the direct participation of the legal person, or their shareholders and their relatives to the fourth degree of consanguinity and affinity Second.
Art. 5 .- It provides that the National Government, through the Ministry of Mines and Petroleos, I declare revocation of all mining concessions granted in favour of officials and former officials from the Ministry Mines and Petroleos, or their immediate relatives, until fourth grade consanguinity and affinity second, for utilization in his personal interest privileged information. It also provides for the revocation of concessions currently hold third, and that they result from the transfer of concessions originally granted to officials and former officials from the Ministry of Mines and Petroleos or their immediate relatives, to the fourth degree of consanguinity and affinity second.
Art. 6 .- It declares a moratorium on the granting of new concessions and more rights
Miners from the expedition of this mandate, until it enters into force the new
Constitutional and legal framework. Consequently, it provides that the National Government, through the Ministry of Mines and Petroleos archive The application pending resolution of applications for new mining areas. Are available to the Ministry of Finance to transfer the resources needed for the values canceled concept of the right to process can be returned to applicants mention.
Art. 7 .- The owners of mining concessions and non-metallic materials of construction that is not
Are involved in the cases described in Articles 1, 2, 3, 4 and 5 of this mandate,
Continue their activities, but are forced to renegotiate their contracts in the new framework
Legal regulating the activity.
Art. 8 .- were suspended the activities of all mining concessions of metal
Medium and large scale that are not engaged in the cases described in Articles 1, 2, 3, 4 and 5;
Until the adoption of a new legal framework to regulate the activity and redefine the terms of their operation.
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Art. 9 .- The new legal framework that makes mention, MUST issued in the term of 180 days counted from the date of enactment of this mandate.
Art. 10 .- Excluded from the present mandate to mining concessions to small-scale mining
Artisanal mining and subsistence, except those who are engaged in what REFERRED
At Art. 3 of the present mandate.
Art. 11 .- Notwithstanding the REFERRED, any natural person or legal right holder
For small miners mining, artisanal mining and mining livelihood, may possess titles
Miners individual or group that may exceed 150 hectares mining and / or with a volume of explotacidn of more than 150 tons a day.
Art. 12 .- It provides that the National Government, through the Ministry of Mines and Petroleos
Constitute a National Mining Company, which will intervene in all phases of the activity
Mining.
Will governed by the new legal framework that norme Public Enterprises.
Art. 13 .- Incluyase as mining subject to the provisions of the mining regulations, the
Regulations and controls of the Ministry of Mines and Petroleos and the present mandate, the chloride
Sodium (salt).
Article 14 .- The provisions contained in this constitutional mandate will be binding. Consequently this will not be susceptible to complaints, contestation, amparo action, demand, claim, appeal or any administrative or judicial action. Nor does it give rise to any indemnizacidn.
Art. 15 .- Interpretese Article 5 of the Mining Law, no. 126, Registration Officer 695, May 31
1991, in the sense that if the state owns mineral resources as well as has the power to concessions also can terminate the concessions either forfeited or revocation according to the case, according to the law and This mandate.
FINAL PROVISIONS:
FIRST .- to the execution of provisions of this mandate, should be responsible the Ministry of Mines and Petroleos in use of the powers conferred upon it by the Constitution and the law within its jurisdiction and through its units, coordinacidn with the relevant bodies.
SECOND .- Not later than 30 days after the duration of this mandate, the Ministry of Mines and Petroleos must issue the necessary instructions for implementing this mandate.
THIRD .- If within the period specified in art. 9 has not been issued the new framework
Legal regulating the activity, the Ministry of Mines and Petroleos renegotiate concessions
Mining referred to Art. 8 in accordance with the principles of the new Constitution.
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FOURTH .- This mandate came into force on the date of its enactment, notwithstanding its publication in the Official Gazette at the Centro Civico City Alfaro, Montecristi.
