Mining 2026

MEXICO Law and Practice Contributed by: Fernando Todd, Mariana Todd, Jorge Garcia and Silvia Alanis, Todd

munity, so the agreements signed with the communi - ties for granting a new concession will have a fixed legal basis rather than being subject to discretionary criteria. 2.7 ESG Guidelines and Regulations Mexico has a comprehensive legal framework that encompasses ESG regulations for the mining sector. These regulations seek to balance the development of the mining industry with the protection of the environ - ment, the rights of communities and the promotion of ethical business practices. The effective imple - mentation and enforcement of our legal system are fundamental to ensure the environmental and social sustainability of the mining industry in the country. Also, the Mexican Constitution provides the funda - mental principles for all legal regulations, particularly through the Mining Law, which governs mining activity in Mexico and must be in accordance with the general environmental and social obligations established in the General Law of Ecological Balance and Environ - mental Protection and the Federal Environmental Lia - bility Law, as well as in the Law of Sustainable Rural Development. In addition, there are several particular regulations whose mission is to protect the environment in the mineral industry, such as: • NOM-023-STPS-2012, underground mines and open-pit mines – occupational health and safety conditions; • NOM-032-STPS-2008, safety conditions for under - ground coal mines; • NOM-120-SEMARNAT-2020, environmental protec - tion in mining exploration; • NOM-141-SEMARNAT-2003, specifications for tail - ings deposits; • NOM-147-SEMARNAT/SSA1-2004, soil remedia - tion concentrations; • NOM-155-SEMARNAT-2007, environmental protec - tion for gold and silver leaching; • NOM-157-SEMARNAT-2009, mining waste man - agement plans; and • NOM-159-SEMARNAT-2011, environmental protec - tion for copper leaching.

On the other hand, it is essential to mention that Mex - ico is part of the International Mining Convention. Its objectives are to consolidate socially responsible min - ing activity and reduce the environmental impact in the regions where mining is actively operating. Mexico continues to evaluate the law regarding ESG. The country is also participating in broader ecologi - cal policies to mitigate its impact on climate change. 2.8 Illegal Mining Illegal mining is a widespread issue that poses signifi - cant challenges globally, and Mexico is no exception. This illicit activity undermines the legal mining indus - try, disrupting operations and prompting co-ordinated responses from both the government and private sec - tor. Illegal mining often occurs in rural or indigenous areas, creating tensions over the control and use of land and natural resources. These operations are fre - quently linked to labour exploitation and the forced displacement of local communities from their territo - ries. Furthermore, in many regions, illegal mining has deep connections with organised crime, intensifying violence and insecurity in nearby communities and exacerbating social instability. In response to these challenges, the Mexican govern - ment has implemented several measures, as follows. • In May 2023, significant amendments were made to the Mining Law, National Waters Law, and related environmental legislation to tighten regula - tions in the mining industry. These reforms aim to enhance environmental protection and ensure sustainable resource management. • A bill to ban open-pit mining and hydraulic fractur - ing (fracking) has been submitted, reflecting a com - mitment to mitigating environmental impacts and addressing community concerns. • Security operations have been undertaken to com - bat illegal mining and its links to organised crime. Industry actions • Formal mining companies are implementing social responsibility programmes to strengthen relations with communities and reduce the attractiveness of illegal mining.

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