MEXICO Law and Practice Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
According to Article 13 of the mining law, the recipient of a new concession in an area with existing indigenous or Afro-Mexican peoples or communities must sign an agreement to obtain the land use permit as well as to pay a con - sideration of at least 5% of the profits from the mining activity to the affected community, so the agreements signed with the communities for granting a new concession will have a fixed legal basis rather than being subject to discretionary criteria. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations Mexico has a comprehensive legal framework that encompasses ESG regulations for the min - ing sector. These regulations seek to balance the development of the mining industry with the protection of the environment, the rights of com - munities and the promotion of ethical business practices. The effective implementation and enforcement of our legal system are fundamen - tal to ensure the environmental and social sus - tainability of the mining industry in the country. Also, the Mexican Constitution provides the fundamental principles for all legal regulations, particularly through the Mining Law, which gov - erns 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 Environmental Pro - tection and the Federal Environmental Liability Law, as well as in the Law of Sustainable Rural Development. In addition, there are several particular regula - tions whose mission is to protect the environ - ment 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 underground coal mines; • NOM-120-SEMARNAT-2020, environmental protection in mining exploration; • NOM-141-SEMARNAT-2003, specifications for tailings deposits; • NOM-147-SEMARNAT/SSA1-2004, soil reme - diation concentrations; • NOM-155-SEMARNAT-2007, environmental protection for gold and silver leaching; • NOM-157-SEMARNAT-2009, mining waste management plans; and • NOM-159-SEMARNAT-2011, environmental protection for copper leaching. On the other hand, it is essential to mention that Mexico is part of the International Mining Con - vention. Its objectives are to consolidate socially responsible mining activity and reduce the envi - ronmental impact in the regions where mining is actively operating. Mexico continues to evaluate the law regarding ESG. The country is also participating in broader ecological policies to mitigate its impact on cli - mate change. 2.8 Illegal Mining Illegal mining is a widespread issue that poses significant challenges globally, and Mexico is no exception. This illicit activity undermines the legal mining industry, disrupting operations and prompting co-ordinated responses from both the government and private sector. Illegal mining often occurs in rural or indigenous areas, creat - ing tensions over the control and use of land and natural resources. These operations are frequently linked to labour exploitation and the forced displacement of local communities from
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