MEXICO Law and Practice Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
protected natural areas, wetlands, bodies of water, watercourses, federal zones, or in loca - tions 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. Holders of existing concessions for the use of national waters who undertake mineral explo - ration, exploitation, or processing activities must apply to the National Water Commission to change the designated use of these conces - sions from industrial to mining use. In recent developments, the Mexican govern - ment has initiated a voluntary programme, inviting companies from various industries, including mining, to return unused portions of their water concessions to the federal authori - ties. The objective is to reallocate these surplus water volumes to regions facing water scarcity, thereby addressing critical water needs across the country. 3.2 Climate Change Legislation and Proposals Related to Mining Recently, several reforms have been implement - ed, 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 initi - atives seek to address environmental challenges related to greenhouse gas emissions, sustain - ability, energy efficiency, and the management of natural resources such as water. A new requirement for obtaining a mining con - cession is securing authorisation from the Minis - try of Environment 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 loca - tions 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. 3.3 Sustainable Development Initiatives Related to Mining In Mexico, every six years the government issues its policies and strategies through the National Development Programme, which has among its objectives economic, social, and sustainable development, as well as specific actions for the mitigation of climate change and the promo - tion of renewable energies. Also, the Mexican government has a Special Climate Change Pro - gramme issued by the Mexican government, which includes objectives, strategies, actions, and goals to address the negative impact of cli - mate change. And in international matters, Mexico has rati - fied its commitment to the United Nations 2030 Agenda for Sustainable Development. On the other hand, the main task of the Federal Environmental Protection Agency is to increase the levels of compliance with environmental regulations, to contribute to sustainable devel - opment and enforce environmental laws. 3.4 Energy-Transition Minerals With the recent legal reforms in the mining sec - tor, the exploration, extraction, processing, and use of lithium are now exclusively controlled by the Mexican state. These activities will be carried out by the decentralised public agency Lithium for Mexico.
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