1382 OF 2010

(February 9)

Official Journal No. 47,618 of 9 February 2010

CONGRESS OF THE REPUBLIC

C-366-11; Deferred effects by the end of two (2) years) >

By which the Law 685 of 2001 is amended Code of Mines.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. C-366-11; Deferred effects by the end of two (2) years) > Add article 16 of Law 685 of 2001 Mining Code with the following paragraph.

PARAGRAFO 1o. The concession contract proposal applicants must point out if any type of mining exploitation exists within the requested area, indicating their location and methodology used to know the whether or not there is such a mining. The Mining Authority shall, within a period not longer than three (3) months, certify, if any, the existing type of mining.

If there is traditional mining, the provisions of Articles 31 and 248 and the other applicable provisions of the Mining Code and in its defect shall apply. in the knowledge of the other competent authorities of the Executive and Judicial Ramas to bring forward the administrative and criminal actions provided for in Articles 159 and href="ley_0685_2001_pr004.html#164"> 164 of the Mine Code and the other applicable provisions of the Criminal Code.

In case the applicant for a concession contract does not report on the existence of mining, it will result in the rejection of the application, or fine in the case of a concession contract, if the Mining Authority detects that there is mining and that the The dealer did not proceed, in the latter case, according to the 306, 307 and the following of the Mining Code.

In the case of traditional mining established by the Mining Authority and not having been informed by the applicant and the concession contract being implemented, the contract will be suspended for the six-month term for the area under discussion, within which the parties will proceed to make agreements. Failure to reach agreements will result in technical arbitration mechanisms provided for in Article 294 of this code, the costs of which will be borne by the parties. The court of arbitration will define what is the best agreement that will be mandatory.

It is understood by traditional mining that people or groups of people or communities that exploit mines of state property without a title are registered in the National Mining Registry and that they prove that the mining works are coming In a continuous way for five (5) years, through commercial and technical documentation, and a minimum existence of ten (10) years prior to the validity of this law.

PARAGRAFO 2o. The maximum time for the mining authority to resolve the concession contract application will be one hundred and eighty days (180) calendars, understood as those attributable to the institutionality mining. In the event of non-compliance, such arrears shall be the cause of misconduct for the responsible official.

ARTICLE 2o. C-366-11; Deferred effects by the end of two (2) years) > Addition to article 31 of Law 685 of 2001, Mining Code, with the following incites:

The Mining Authority will also be able to delimit other special areas that are free, on which, according to the existing geological information, a mining project of great importance for the country can be brought forward, with the object to award them in a concession contract through an objective selection process, to whom it offers better technical, economic, social and environmental conditions for the use of the resource. Within these processes the Mining Authority will establish the economic consideration, in addition to the royalties provided by the law, which the proponents must offer. Areas that have not been granted within the three (3) years from the delimitation of the area will be free to be granted under the concession regime governed by this Code. The Mining Authority shall indicate the general procedure, as well as the conditions and requirements for choosing the mining operator in each case.

The Mining Authority through the means of spoken and written communication shall inform the interested parties of the concessions to tender for the purpose of this article.

Ingeominas as a Geological Authority in mining will be able to delimit special areas, which are free of which will not be received or awarded mining titles, but the existing ones will be respected, in order to bring forward processes for to provide the area for up to five (5) years to provide a better program of geological technical evaluation of that area under the terms and conditions established by the Mining Authority. Whoever obtains a Technical Assessment contract after completion, has the first option to contract with the Mining Authority the area under contract of concession in terms of this Code.

Companies that have been the subject of non-compliance with the original contract, declared non-compliance by the Mining Authority, will not have the capacity to compete in the mining contracts, which this article deals with.

The delimitation referred to in this article shall be regulated in advance by the Mining Authority.

ARTICLE 3o. C-366-11; Deferred effects by the end of two (2) years) > Article 34 of Law 685 of 2001 will remain so:

Article 34. Excluded zones of mining. No works of mining exploration and exploitation can be carried out in zones declared and demarcated according to the current regulations as protection and development of renewable natural resources or the environment.

The exclusion zones mentioned will be those that have been constituted and those that are constituted according to the existing provisions, as areas that integrate the system of natural national parks, natural parks of regional character, zones of protective forest reserve and other forest reserve areas, paramo ecosystems and designated wetlands within the international importance list of the Ramsar Convention. These zones to produce these effects must be geographically delimited by the environmental authority based on technical, social and environmental studies.

The paramo ecosystems will be identified according to the mapping information provided by the Alexander Von Humboldt Research Institute.

However, the areas of forest reserve created by Law 2 of 1959 and regional forest reserve areas may be subtracted by the competent environmental authority. The mining authority when granting the mining title must inform the concessionaire that it is in the forest reserve area and therefore it will not be able to start the mining activities until the Environmental Authority has subtracted the area. For this purpose, the mining operator must present the studies that demonstrate the appropriate coexistence of the mining activities with the objectives of the forest area.

Performed the subtraction, the mining authority in accordance with established environmental determinations, will set the conditions for the proposed exploration and exploitation activities to be developed in restricted form or only by certain methods and systems in such a way that they do not affect the objectives of the non-subtracted forest reserve area.

The Ministry of Environment, Housing and Territorial Development will establish the requirements and procedure for the subtraction referred to in the previous paragraph. It shall also lay down the conditions under which temporary subtraction will operate in the exploration stage.

PARAGRAFO 1o. In case the entry into force of this law is brought forward in construction, assembly or mining activities with mining title and environmental license or its equivalent in areas that previously were not excluded, such activities will be respected until their maturity, but these securities will not have an extension option.

PARAGRAFO 2o. The Ministry of the Environment, Housing and Territorial Development once the present law enters into force, within five years, will redefine the forest reserve areas of Law 2 of 1959; which are protective and which do not seek the participation of the mining authority and other interested parties in the process.

PARAGRAFO 3o. For the declaration of the exclusion zones that this article treats, a non-binding concept of the Ministry of Mines and Energy will be required.

ARTICLE 4o. C-366-11; Deferred effects by the end of two (2) years) > Add article 38 of Law 685 of 2001, Mining Code, with the following incites:

The Ministry of Mines and Energy will produce, within three (3) years of the current law, the National Plan for Mining Management. In the preparation and adoption it shall take into account the policies, norms, determinants and guidelines established in environmental matters and in order of the territory, issued by the Ministry of Environment, Housing and Territorial Development.

The National Plan for Mining Management should be coordinated with the Ministry of Environment, Housing and Territorial Development, given the effects on the environment, the location of the population and the possibilities of environmental use of the soil. In any case, the National Plan for Mining Management will include a strategic environmental analysis of the territory.

ARTICLE 5o. C-366-11; Deferred effects by the end of two (2) years) > Add article 74 of Law 685 of 2001 Mining Code with the following paragraph:

PARAGRAFO. Additionally, if an extension exceeding that provided for in this Article is necessary, the concessionaire may continue the explorations, requesting additional extensions of two (2) years each, up to a total term of 11 years. (11) years, in order to support the respective technical and economic reasons, to demonstrate the exploration work carried out, the compliance of the Mining-Environmental Guides, to describe the work that will be carried out, specifying its duration, investments that you will make and pay for the respective shallower fee.

ARTICLE 6o. C-366-11; Deferred effects by the end of two (2) years) > Amend article 77 of Law 685 of 2001, Mining Code, which will remain so:

77. Extension and renewal of the contract. At least two (2) years before the period of operation is to be defeated and the dealer is able to find peace and save, the concessionaire may request the extension of the contract of up to twenty (20) years, which shall not be automatic, and must be accompanied by new technical, economic, environmental and social studies to support the current situation of resources. In order to do so, you will have to negotiate the conditions for the extension, even if you will be able to agree on different contracts to the regalia, in any case, the extension will only be granted if it is proven to be beneficial to the interests of the state. The extension will be further refined by an act signed by the parties, which will be entered in the Mining Register.

ARTICLE 7o. C-366-11; Deferred effects by the end of two (2) years) > Add article 84 of Law 685 of 2001, Mining Code with the following paragraph:

PARAGRAFO. The Ministry of Mines must design a special form for the elaboration of work and work programs (PTO) for the emeralds sector, since these minerals are not quantifiable as the other.

ARTICLE 8o. C-366-11; Deferred effects by the end of two (2) years) > Article 101 of Law 685 of 2001, Mining Code, which will remain so:

Integration of areas. When areas corresponding to several titles, belonging to one or more beneficiaries for the same mineral or neighbouring non-adjacent ones, provided they belong to the same field, may be included in a single programme exploration and exploitation to carry out their works and tasks simultaneously or alternatively, with unified production objectives and goals, integrating them into a single contract. For this purpose the interested parties must submit to the Mining Authority the aforementioned joint programme for their approval and which they will be jointly responsible for.

This unified contract will have to ensure, on the one hand, that the consideration required in the securities whose areas were integrated, and another, will establish the mechanisms that are necessary for the authorities to be able to exercise appropriate control over the respective holdings, in order to ensure the proper distribution of the economic consideration to the beneficiary entities.

The system applicable to the integrated contract shall be the one that corresponds to the provisions of Title VIII, Chapter XXXII of this Code, whereby when integration includes contracts from the transport system, they shall be maintained. all the conditions of the contracts and the economic contracts agreed, additional to the royalties of the law.

In case contracts of different regimes are integrated or when contracts to integrate exist differences in any of their obligations, different from environmental and economic consideration, they will always be preferred are more favourable to the interests of the State.

The result of the integration of the areas will have to modify the existing environmental license, or to process a new one for the resulting project before the competent environmental authority, for which it will have to request previous pronouncement.

In no case will the integration of areas be made when with this integration they will be affected in their expectations of income from royalties two (2) or more municipalities beneficiaries of royalties, within ten (10) years after the integration.

For the purposes of the duration of the new contract, account shall be taken of the period of time of the oldest contract, which may be extended in accordance with the provisions of Article 77 of this Code.

In any case, the Mining Authority will have the power to approve or not to approve the integration, by means of a reasoned resolution.

ARTICLE 9o. C-366-11; Deferred effects by the end of two (2) years) > Add article 112 of Law 685 of 2001, Mining Code, with the following literal:

k) When companies or natural persons in the exercise of mining activities, hire persons under 18 years of age to perform in mining operations both open and underground.

ARTICLE 10. C-366-11; Deferred effects by the end of two (2) years) > Modify article 116 of Law 685 of 2001, Mining Code.

authorization. Public entities, territorial entities, companies and contractors who intend to advance the construction, repair, maintenance or improvement of a national, departmental or municipal public road, or the realization of a large project of infrastructure declared of national interest by the National Government, will be able to subject to environmental norms, to request to the Authority Minera temporary and non-transferable authorization, to take from the rural prediums, neighbors or adjacent to the work, the building materials that they need exclusively for this work, based on the constancy of the entity for which the work is carried out and which specifies the path of the road or characteristic of the work, the duration of the work and the maximum quantity to be used.

This authorization must be resolved in the term of thirty (30) days or shall be deemed to be granted by application of the positive administrative silence.

The temporary authorization will have a maximum validity of three (3) years extendable, for one time, counted from its grant.

The competent mining authority shall follow up the activities carried out in the implementation of the temporary authorisations. Failure to comply with the measures referred to in the report on activities or the obligations imposed on the administrative act granting the right by the beneficiary of the temporary authorisation shall lead to the repeal of the temporary authorisation, without prejudice to the imposition of the fines to be imposed in accordance with Article 115 of this Code.

The areas on which there is a mining title of building materials are not susceptible to temporary authorisations; however, their holders will be obliged to supply the building materials at market prices. normalised for the area. If there is no agreement on this price, a technical arbitration will be convened through the respective Chamber of Commerce, in order to define this price.

In case the dealer does not supply the building materials, the holding will be advanced by the applicant of the temporary authorization and in the event in the arbitration will also be resolved on the compatible zones for bring the new holdings forward. With respect to payment and entry to the area, the provisions of the Chapter of Serversings of this Code shall apply as appropriate.

If the concessionaire is in the exploration stage, subject to environmental standards, it may request the Mining Authority to authorize the start of the construction and assembly period and the anticipated exploitation in accordance with the stipulated in this Code.

If the area covered by the temporary authorization is overlaid with a concession proposal, which does not include building materials, temporary authorization will be granted, but once such authorization is completed, the area will be part of the proposal. or contract to which it was superimposed.

When authorized by the proposer or holder of a mining right, the Mining Authority may grant temporary authorization in a concurrent manner. In this case, each holder will answer for the mining works that he carries out directly and for the compliance with the environmental standards in force.

The provisions in 117, 118, 119, 120 , and 332 of Law 685 of 2001 is also applicable to the infrastructure works referred to in the first paragraph of this article and the provisions of the article 41 and others derived from private property rights.

ARTICLE 11. C-366-11; Deferred effects by the end of two (2) years) > Amend article 187 of Law 685 of 2001, Mining Code, which will remain so:

need for the goods. The essential character of the immovable property which is the subject of the expropriation, as well as the rights thereto, including possession, shall be determined on the basis of the Work and Investments Programme, in the Work Programme and Works or in the Feasibility Study, as appropriate, approved by the Mining Authority, as well as in their respective modifications. In the case of contracts whose applicable rules do not require the approval of such documents, the presentation of the respective mining plan shall be sufficient.

The Ministry of Mines and Energy, when deemed necessary, will order, within ten (10) days following the filing of the application, by providence that the owner or owner of the building will be notified personally, a administrative inspection at the expense of the miner concerned, and shall take its final decision within twenty (20) days.

PARAGRAFO. Prior to the technical advance of the property or the possession, by means of experts of the root property, to assess the respective compensation in favor of the holder of the property to expropriate.

ARTICLE 12. LEGAL. C-366-11; Deferred effects by the end of two (2) years) > The operators, groups and associations of traditional mining companies operating mines of state property without a title registered in the National Mining Register, must request, in the term of two (2) years from the promulgation of this law, that the mine or the corresponding mines are granted in concession filling for the effect all the requirements of the bottom and of form and always that the requested area be free to hire, and it is credited that the mining works are coming The following is a continuous advance of the 2001 Law 685 .

If the requested area is occupied by a concession, and provided that the group or association demonstrates a greater seniority than the concession, the conditions of compliance with the obligations of the holder will be verified. In case of being found in causal of expiration, the application of the duly filed legalization will be the first option to continue the procedure, after the contract has expired.

In the event that the holder meets the day in his obligations, the Mining Authority will mediate between the parties to reach agreements, such as the subscription of the Association and Operation Contracts duly registered in the Mining Registry. National provided for in Article 221 of this Code, among others, that permit exploitation by the groups or associations. The parties to these agreements will have a period of six (6) months, counted from the request of the traditional miner.

If the area is not free by the existence of a proposal for a concession contract and a request for legalization will be submitted in the terms of this article, the procedure of the proposal will continue, and in the case of being a contract of grant, the Mining Authority shall proceed according to the provisions of the third subparagraph of this Article. If the request for a proposal for a concession contract is rejected, it will be the first option to continue the process, the application for legalization.

PARAGRAFO 1o. In any case, the mining authority will have up to one (1) year to make the viabilization visit, after the application for legalization has been filed, to resolve the respective procedure; and it will count until with two (2) months from the receipt of the PTOs and PMA from the interested party, to settle the application for legalisation in the background. Until the Minera Authority does not resolve applications for legalization under this article, there will be no place to proceed, with respect to the interested parties, by means of the measures provided for in Articles 161 and 306, or to pursue the criminal actions outlined in Articles 159 and 160 of this Code.

In the cases of legalization raised in this article, the evaluation procedures, the visit of the concession and the award of the concession, will be made free of charge by the Mining Authority, who will allocate the resources necessary for the realization of these. However, the studies (PTO and PMA) required for the implementation of the concession shall be carried out by the applicants.

PARAGRAFO 2o. The barequeo consisting of extraction of drag materials shall be considered legal, provided that it is performed with non-machined tools and with an extraction that does not exceed a volume of 10 meters cubic per day, for length of rives of 200 meters long.

ARTICLE 13. C-366-11; Deferred effects by the end of two (2) years) > Amend article 205 of the Mining Code, Law 685 of 2001, which will remain so:

License. On the basis of the Environmental Impact Study, the competent authority will grant or not the Environmental License for the construction, assembly, exploration when it requires the construction of tracks that in turn must be processed environmental license, the operation subject to the contract and the benefit and for the additional exploration work during the operating stage. Such authority may base its decision on the concept that the Environmental Impact Study has given an external auditor in the manner provided for in Article 216 of this Code.

ARTICLE 14. C-366-11; Deferred effects by the end of two (2) years) > Amend article 206 of the Mining Code, Law 685 of 2001, which will remain so:

requirement. For the works and works of the early exploitation, the interested party must obtain Environmental License, which may subsequently, in the judgment of the environmental authority, be modified to protect the definitive works of exploitation with the full of legal requirements.

ARTICLE 15. C-366-11; Deferred effects by the end of two (2) years) > Amend article 212 of the Mining Code, Law 685 of 2001, which will remain so:

Studies and joint licenses. The beneficiaries of neighboring or adjacent areas, whether or not included in a joint exploration and exploitation plan, may, if required, carry out the Environmental Impact Study ordered in this Code for the works of infrastructure, assembly and operation of such areas, together if this is due. If the conditions and characteristics of such areas are homogeneous or similar, they may also request the granting of a Joint Environmental License. The environmental management included in the License may contain specific measures in accordance with the unique and specific location of the area of each concession. In this case, the beneficiaries must respond jointly and severally for the fulfilment of the obligations laid down in the licence.

ARTICLE 16. C-366-11; Deferred effects by the end of two (2) years) > Amend article 230 of Law 685 of 2001, Mining Code:

superficiary Canon. The shallower cannon over the entire concession area during the exploration, assembly and construction or over extensions of the same as the contractor retains to explore during the operating period, is compatible with the royalty and constitutes a consideration that will be charged by the contracting entity without regard to who has the property or possession of the land of location of the contract. The fee will be equivalent to a minimum wage day in force (smdlv) per hectare year, from the first to the fifth year; from then on the fee will be increased every two (2) additional years so: for the years 6 and 7 will be paid 1.25 wages minimum legal day in force per hectare year; for year 8, 1.5 minimum wages legal day in force per hectare year.

This fee will be payable for advance annuities. The first annuity shall be paid within three (3) days of the time when the Mining Authority, by administrative act, determines the free area liable to be contracted.

For the construction and mounting stages or further exploration, the last paid fee will continue to be cancelled during the exploration stage.

PARAGRAFO 1o. The non-accreditation of the payment of the shallower fee will result in the rejection of the proposal, or the declaration of expiration of the concession contract, as the case may be.

The Authority may only dispose of the money it receives in the form of a superficial fee after the concession contract has been concluded. Only the sum paid in case of rejection by total or partial overlap of areas shall be refunded to the proposer. In this last event it will be reintegrated within five (5) working days, the proportional part if you accept the reduced area, counted from the administrative act to be firm. It shall also be reimbursed in cases where the competent environmental authority refuses to subtract the forest reserve area for the exploration stage.

PARAGRAFO 2o. The proposals that, at the date of entry into force of this law, are in the process and the mining titles that would not have paid the fee corresponding to the first annuity, must prove payment within three (3) months following the enactment of this law, subject to the penalty of refusal or revocation, as appropriate.

ARTICLE 17. C-366-11; Deferred effects by the end of two (2) years) > Amend point 1o of article 270 of Law 685 of 2001, Code of Mines, which will remain so:

Presentation of the proposal. The contract proposal shall be submitted personally by the person concerned or his/her proxy, to the office of the competent Mining Authority in the jurisdiction of the area of the proposal.

ARTICLE 18. C-366-11; Deferred effects by the end of two (2) years) > Add to article 271 of Law 685 of 2001, Mining Code with the following literals:

h) A technical annex describing the exploration work, which shall be equal to or greater than the minima defined by the Ministry of Mines and Energy, according to the area and characteristics of the mining project;

i) In the case of projects of more than one hundred and fifty (150) hectares, the demonstration of the economic capacity of the person concerned to advance the mining project will be made subject to the parameters set by the Ministry of Mines and Energy, which will be proportional to the requested area.

ARTICLE 19. C-366-11; Deferred effects by the end of two (2) years) > Amend article 273 of Law 685 of 2001, Mining Code, which will remain so:

Objections to the proposal. The proposal may be corrected or added, for a single time, by the petitioner and by order of the Mining Authority, in those cases that are not referred to as grounds for rejection by the article 274 of this Code. The term to correct or remedy the proposal will be up to thirty (30) days and the Mining Authority will have a period of up to thirty (30) days to definitively resolve.

ARTICLE 20. C-366-11; Deferred effects by the end of two (2) years) > Amend article 274 of Law 685 of 2001, Mine Code which will remain so:

Rejection of the proposal. The proposal will be rejected in the following cases:

1. If the entire requested area is located in the places and areas mentioned in article 34 of this Code provided that it has not obtained the authorizations and concepts required by the standard.

2. If it overlaps entirely with previous proposals or contracts.

3. If you do not comply with the submission of all the requirements set out in Article 271 of this Code.

4. If the requirement to remedy the deficiencies in the proposal is not met.

5. If the payment of the first annuity of the shallower fee is not credited.

ARTICLE 21. C-366-11; Deferred effects by the end of two (2) years) > Add article 280 of Law 685 of 2001, Mining Code with the following paragraph:

PARAGRAFO. In the event that there is difficulty in the constitution of the policy, this policy can be replaced by a real guarantee, either this staff or a third party that will ensure compliance with the mining obligations. and environmental, the payment of the fines and the expiration. Other types of guarantee may be regulated by the National Government.

ARTICLE 22. C-366-11; Deferred effects by the end of two (2) years) > Amend article 285 of Law 685 of 2001, Mining Code, which will remain so:

procedure for easements. The exercise of the servitude shall be preceded by the formal notice to the owner, holder or occupant of the servant, given by the Mayor. This official will make the personal notification, or in his absence by means of a notice that he will set in a visible place of the predium for three (3) days, of which he will leave constancy in the secretariat of the mayor's office. In the absence of agreement between the parties, this notice will be applied to the following procedure.

For the exercise of the mining easements, the Mayor will order that an expert appointed by the Geographic Institute Agustín Codazzi, or by the Land of Property Root of the area of location of the servant, considers within a term of Thirty (30) days, the amount of the corresponding damages. Once the opinion has been given, the Mayor will welcome it by means of a providence that must be issued within five (5) days. The costs of this expert shall be borne by the mining operator.

If the owner, holder or occupant of the servant, or the mining owner, asks the mayor to hold the miner, the mayor will fix it in the same providence, in an amount equivalent to that of the compensation. This caution shall be governed by the rules of the Code of Civil Procedure, particularly those referred to in Articles 678 and 679, and their return shall be made in a maximum of thirty (30) days.

The decision taken by the Mayor will be appealed to the Governor in the Beneficial Effect and will only be granted if the person concerned credits the constitution of the course or the payment of the compensation. Once firm, the amount of the course or compensation may be reviewed by the judge of the place of location of the property, at the request of any of the interested parties, through the abbreviated process indicated in the articles 408 et seq. of the Civil Procedure Code, in accordance with the general rules of competence and processing of the same Code.

Borrowed or paid for the compensation, the miner may, with the help of the Mayor if necessary, enter the property and occupy the areas necessary for his works and works.

The agreement between the parties, or, failing that, the Mayor's decision, must be registered with the Office of Competent Public Instruments.

ARTICLE 23. C-366-11; Deferred effects by the end of two (2) years) > Addition to article 325 of Law 685 of 2001, Mining Code with the following incites:

The Mining Authority will charge the monitoring and monitoring services to the mining titles. The costs that are charged by the Mining Authority for the collection of these services will be paid to the special sub-account created for the purpose by the Mining Authority and which will be called the Mining Tax Fund.

The charging fee shall be in accordance with the parameters set out in paragraph 2 of this Article. The tariff will include the value of the professional fees required for the completion of the proposed task, the total value of the viatics and travel expenses of the professionals that are caused for the monitoring of the mining titles.

The Mining Authority shall provide the monitoring and monitoring services to the mining titles referred to in this Article through officials or contractors.

ARTICLE 24. C-366-11; Deferred effects by the end of two (2) years) > Add article 332 of Law 685 of 2001, Mine Code with the following literal:

j) The special reservations referred to in Article 31 of this Code.

ARTICLE 25. C-366-11; Deferred effects by the end of two (2) years) > Add article 334 of Law 685 of 2001, Mining Code with the following paragraph:

Areas that have been the subject of a mining title or application and that for any reason remain free, may only be the subject of a proposal for a concession after thirty (30) days after the administrative acts are firmly established. The final result is such freedom. Any administrative act referred to in this Article shall be published on the electronic page of the Mining Authority or in the medium that it does at times, within five (5) days of its execution. Within the latter term you must register in the Mining Register.

ARTICLE 26. SPECIAL MINING DISTRICTS. C-366-11; Deferred effects by the end of two (2) years) > The Ministry of Mines and Energy will delimit, with the regional and local participation of the business, social, government and other entities administrative involved in mining processes, strategic mining areas of the national territory, to which they will be called Special Mining Districts, by which the State-Society-Territory relationship will be facilitated and stimulate participatory planning in a context of sustainable human development and balance for the competitiveness of the territory.

The Mining Authority will guarantee the articulation of the strategies applied to the Special Mining Districts with the National System of Competitiveness.

The aspects contained in articles 248, 249, 250, 255 , and 257 of Law 685 of 2001, should be considered in the plans, programs and projects of Competitiveness and Sustainable Human Development formulated for the Special Mining Districts of the country.

PARAGRAFO. The Mining Authority will make up the Mining Districts according to geologic-mining, social and economic conditions.

ARTICLE 27. C-366-11; Deferred effects by the end of two (2) years) > Addition to the 2001 Law 685 , Mining Code, with the following article:

Business Social Responsibility. The mining companies will promote and carry out social responsibility activities, in a framework of sustainable human development, that promote the promotion of voluntary, socially responsible behaviors, based on the design, development and implementation of policies, plans, programs and projects that allow the achievement of social objectives to improve the quality of life of the population and the prevention and repair of environmental damage in the regions, sub-regions and/or areas of their influence.

ARTICLE 28. C-366-11; Deferred effects by the end of two (2) years) > The provisions of this law do not modify or repeal the guarantees and rights enshrined in Law 70 of 1993 and in the Mining Code in favor of ethnic groups (black and indigenous communities) and their mining areas.

ARTICLE 29. C-366-11; Deferred effects by the end of two (2) years) > The Mining Authority will have an obligation to regulate item 254 on labor In the case of law 685 of 2001, a maximum of six (6) months from the promulgation of this law.

ARTICLE 30. C-366-11; Deferred effects by the end of two (2) years) > In the departments referred to in Article 309 of the National Constitution and in The Choco, where there is small mining, by means of minidragas of engines up to 60 horsepower, the State will give special protection to the continuity in the exercise of this task and will have a period of up to two (2) years from the validity of this law, to legalise such activity.

ARTICLE 31. VALIDITY. C-366-11; Deferred effects by the end of two (2) years) > This law governs as of the date of its publication and repeals articles 190, 191, 203, 211, 213, 215, 282, 292, 298 and 316 of Act 685 of 2001 Mining Code.

The President of the honorable Senate of the Republic,

HERNAN FRANCISCO ANDRADE SERRANO.

The Secretary General of the honorable Senate of the Republic,

EMILIO OTERO DAJUD.

The President of the honorable House of Representatives,

GERMAN MALE COTRINO.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogotá, D. C., on February 9, 2010.

The Minister of Finance and Public Credit of the Republic of Colombia, a delegate of presidential functions, according to Decree 373 of 2010,

OSCAR IVAN ZULUAGA ESCOBAR

The Minister of Finance and Public Credit,

OSCAR IVAN ZULUAGA ESCOBAR.

The Minister of Mines and Energy,

HERNAN MARTINEZ TORRES.