MEXICO Law and Practice Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
Mining Law Reforms (8 May 2023) These reforms imposed stricter environmental controls on mining projects, which resulted in a bill targeting open-pit mining, which has not yet been passed. General Law on Climate Change Reforms (15 November 2023) These amendments focus on addressing cli - mate challenges, including greenhouse gas emissions, sustainability, energy efficiency, and natural resource management, such as water. These reforms aim to address critical environ - mental challenges but have sparked numerous amparo lawsuits from companies and individuals in the mining sector. The lawsuits argue that the reforms infringe on acquired rights, the princi - ples of legality, and the right to legal certainty, creating legal and operational uncertainty in the industry. 2.2 Impact of Environmentally Protected Areas on Mining In Mexico, several areas are designated as pro - tected and/or reserved zones to conserve bio - diversity and ecosystems. These areas include nature reserves, national parks, biospheres, and other conservation categories, and the protec - tion of these areas is regulated by Mexican envi - ronmental legislation. In protected areas, min - ing activity may be restricted or even prohibited, especially if it is considered that it could have significant negative impacts on the environment. The environmental impact study requested for mining concessions must include an analysis that evaluates the potential environmental effects of the proposed activities and proposes mitigation measures, and in the case of a protected area, this must be noted and respected as a limit to mining operations. Mining companies operating
Environmental Authorisation Process for Mining Projects To obtain environmental authorisation for a min - ing project, the following steps must be com - pleted: Submission of an Environmental Impact Study The project proponent must submit this study to the Ministry of Environment and Natural Resources (SEMARNAT). The study evaluates the potential environmental impacts of the pro - posed activities and includes proposed mitiga - tion measures. Public consultation A public consultation process is conducted to allow citizen participation in evaluating the pro - ject. Evaluation and resolution SEMARNAT reviews the study and consultation feedback, issuing a resolution based on the pro - Once authorised, the project is subject to con - tinuous monitoring to ensure compliance with the conditions outlined in the environmental authorisation. Environmental authorisations are conducted at the federal level through SEMARNAT, making the process uniform across Mexico, and, on a case- by-case basis, state environmental authorities are involved. Recent Legislative Reforms Recent reforms have introduced significant changes to environmental laws, particularly affecting the mining sector. cedures established in the law. Monitoring and compliance
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