Law 403

Original Language Title: Ley 403

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/143241

Law No. 403 law of 18 September of 2013 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: article 1 mining rights REVERSION Act. (OBJECT). Is this law to establish the grounds for reversal of the mineral rights granted by special transitional authorizations? ATE and mining contracts, according to the strategic and public interest in natural resources, upon verification of the absence of implementation or the development of mining activities.
Article 2. (LOSS OF RIGHTS IN AREAS WITHOUT MINING ACTIVITIES).
The mining rights granted by special transitional authorizations? ATE and contracts on resources natural miners will be reversed before it lack verified of activities mining, according to it provisions in the present law.
Article 3. (VERIFICATION OF THE MINING ACTIVITY).
I. in function to the control that exerts the State on them resources minerals, the verification of them activities mining will be made by the Vice-Ministry of political mining, regulation and control, starting from the publication of the present law, through the use of procedures technical operating defined by the authority of the sector.

II. in case of establishing the absence of implementation or the development of mining activities in the special transitional authorizations? TIE or in the mining contracts, the authority General jurisdictional administrative mining? AGJAM, on the basis of the verification report by the Vice-Ministry of mining policy, regulation and control, will determine the reversal of the mineral rights, without prejudice to environmental responsibility to any place.
III. the reversal or resolution not come when the lack of activities mining is has produced as result of servo or as result of a disposal of authority competent. The existence of the servo must be duly reported to the competent authorities.
Article 4. (AREAS OF THOSE RIGHTS REVERSED). Them rights miners reversed to consequence of the absence of activities mining planned in the present law, may be assigned to them different actors productive miners, according to a Plan of development mining and to the new law of mining and its procedure.
In the resolution of contracts on areas in which COMIBOL has ownership, these will remain in favour of the State-owned company.
Article 5 (resources).
I. them resources that may bring them actors miners on the resolutions of reversal of them rights miners granted by them authorizations transitional special? ATE, and contracts, are those of revocation and hierarchical, according to the Supreme Decree No. 27113 on July 23, 2003.
II. resources of revocation shall be lodged with the authority that issued the reversal of the mining law. Hierarchical resources shall be resolved by the Minister of mining and metallurgy, exhausting administrative remedies in this instance.
FINAL PROVISIONS FIRST. The reversal of the mineral rights, produced by the application of this law, will not result in compensation.
THE SECOND. The Ministry of economy and finance, allocated to the Ministry of mining and metallurgy and the authority General jurisdictional administrative mining - AGJAM, the General Treasury of the State resources, for the implementation of the procedures laid down in this law.
THIRD. Insofar as it enacts the Mining Act, the reversal by mandate of the present law, are not applicable in relation to the mining areas registered on behalf of the Corporación Minera de Bolivia - COMIBOL, and mining cooperatives and one-person mining operators that have registered less than ten (10) grids or two hundred and fifty (250) mining claims.
-FOURTH. He Ministry of mining and metallurgy, is charge of develop them procedures technical-operating in the framework of it provisions in the present law.
Refer to the Executive Branch, for constitutional purposes.
Is given in the room of sessions of the Assembly Legislative plurinational, to them six days of the month of September in the year two thousand thirteen.
FDO. Gabriela MONTAÑO Viana, Andrés Agustín Villca Daza, Marcelo Elio Chavez.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the 18 days of the month of September in the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Mario Virreira Iporre, Nemesia Achacollo Tola Minister of RURAL development and land and acting of economy and public finances, Amanda Davila Torres.