MEXICO Law and Practice Contributed by: Fernando Todd, Mariana Todd, Jorge Garcia and Silvia Alanis, Todd
• Companies are working alongside government agencies to report and combat illegal activities. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects With the recent mining reforms, public consultations have made it possible to ensure legal certainty. Con - sultation must be free, carried out in good faith and in a manner appropriate to the circumstances. Its purpose is to obtain the consent of indigenous and Afro-Mexican peoples and communities, as well as to establish agreements between them and the mining companies. As the reform is still recent, the implementation of citi - zen consultations under the Mining Law in Mexico is in its early stages, with only a limited number of cases currently in progress. By enshrining the right to con - sultation for indigenous and Afro-Mexican communi - ties in the Mining Law, the aim is to guide the sector towards operations that align with best practices in respecting fundamental rights and promoting sustain - able mining. 3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects Mexico is committed to addressing climate change, and has recently implemented several reforms, par - ticularly in the mining sector. Reforms were made to the Mining Law on 8 May 2023, and the General Law on Climate Change was also reformed on 15 November 2023. These initiatives seek to address environmental challenges related to greenhouse gas emissions, sustainability, energy efficiency, and the management of natural resources such as water. A new requirement for obtaining a mining concession is securing authorisation from the Ministry of Envi - ronment and Natural Resources for the Programme of Restoration, Closure, and Post-Closure of Mines. Moreover, as part of these reforms, the competent authorities may, if they deem it necessary, order the removal of deposits, tailings dams, dross, or any final
disposal sites located in environmentally sensitive or high-risk areas – such as protected natural areas, wetlands, bodies of water, rivers, federal zones, or any location where the potential dispersion of waste, in the event of structural failure, may affect or pose a risk to population centres, productive activities or surrounding ecosystems. Holders of existing concessions for the use of national waters who undertake mineral exploration, exploita - tion, or processing activities must apply to the Nation - al Water Commission to change the designated use of these concessions from industrial to mining use. In recent developments, the Mexican government has initiated a voluntary programme, inviting companies from various industries, including mining, to return unused portions of their water concessions to the federal authorities. The objective is to reallocate these surplus water volumes to regions facing water scar - city, thereby addressing critical water needs across the country. 3.2 Climate Change Legislation and Proposals Related to Mining Recently, several reforms have been implemented, particularly in the mining sector. Reforms were made to the Mining Law on 8 May 2023, and the General Law on Climate Change was also reformed on 15 November 2023. These initiatives seek to address environmental challenges related to greenhouse gas emissions, sustainability, energy efficiency, and the management of natural resources such as water. A new requirement for obtaining a mining concession is securing authorisation from the Ministry of Envi - ronment and Natural Resources for the Programme of Restoration, Closure, and Post-Closure of Mines. Moreover, as part of these reforms, the relevant authorities may, if they deem it necessary, request to remove deposits or sites used for the final disposal of deposits, tailings dams, or dross that are located within protected natural areas, wetlands, bodies of water, watercourses, federal zones, or in locations where, due to the waste’s dispersal path in the event of a breach, they affect, or could potentially affect, population centres, productive zones, or ecosystems.
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