Mining 2025

ARGENTINA Law and Practice Contributed by: Sebastián P. Vedoya, Sergio Arbeleche and Dolores Cattaneo, Bruchou & Funes de Rioja

• the Minimum Environmental Protection Standards Legislation, enacted by Federal Congress and applicable in all Argentine ter - ritory; • Law 24,196 (promotional legal regime to which all of the Provinces have adhered – the Mining Investments Law); • provincial and municipal regulations; and • Law 27,742 Title VII enacting RIGI (Incentive Regime for Large Investments). Argentina is a federal country with a federal government, 23 provinces and an autonomous city. Each province has its respective constitu - tion and government. The general rule under the national constitution is that provinces shall retain all powers not delegated upon the federal government. The FMC regulates the rights, obligations and substantial procedures for the acquisition, exploration, exploitation and termination of min - ing rights and properties, and is applicable all through the country and is enforced by provin - cial or federal authorities, depending on the juris - diction (or federal territory) where the deposits are located. Each province retains the power to regulate and enact local procedures, such as passing, thus further regulating the FMC locally at the provin - cial level. Moreover, provinces may have their own Provincial Mining Procedural Code (Proce - dural Code), which further regulates the FMC in each provincial territory. 1.3 Ownership of Mineral Resources According to the Argentine constitution, provinc - es are the owners of natural resources located in their respective territories.

Generally, mining rights and concessions are granted to private parties who hold title to such rights and mining concessions, and explore, exploit and develop them. As an exception, state-owned companies may hold mining rights (in reserved areas) but are bound to grant them to third private parties for exploitation. See 1.5 Nature of Mineral Rights . 1.4 Role of the State in Mining Law and Regulations With respect to deposits located in provincial territories, each province is in charge of enforc - ing the FMC, the respective Procedural Code and all environmental legislation. The enforce - ment of the FMC and environmental rules falls to the federal authorities only when deposits are located in a territory that is subject to federal jurisdiction. Federal authorities are also involved where there is an interprovincial environmental impact or effect involving more than one prov - ince for purposes of environmental permitting. Most of the Argentine provinces have entrusted the enforcement of the FMC to different branch - es within their executive powers; only a few provinces have entrusted this enforcement to the judicial branch. Some provinces have decid - ed to entrust the enforcement of environmental rules that apply to mining to the appointed Min - ing Authority, while others have entrusted it to the Provincial Environmental Authority (which is separate from the agency in charge of mining). The federal government articulates the main national mining policies, and co-ordinates those policies with the provinces.

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