ARGENTINA Law and Practice Contributed by: Sebastián P. Vedoya, Sergio Arbeleche and Dolores Cattaneo, Bruchou & Funes de Rioja
Within 30 days of the lapsing of the 100-day term, the mining concessionaire needs to file with the Mining Authority a request for the grant - ing of pertenencias and a request for the author - ity to conduct the survey of the area. Failure to meet this obligation in time results in the forfei - ture of the mine. The pertenencia is the unit of concession of a mine within whose limits the miner can carry out exploitation works. It consists of a solid body of rectangular or square base (unless the con - ditions of the land make such a form impossi - ble) and indefinite depth. The size and number of pertenencias a discoverer can apply for at the time the measurement and demarcation are requested depends on the type of mineral deposit discovered (lode ore or disseminated ore) and whether the discoverer is a company or an individual. After the survey request, the survey is conducted and the requested units are granted according to law. Following the survey and pertenencias peti - tion, the Mining Authority must issue a decision thereon. Both the petition and the resolution are published in the provincial Official Gazette. After that, if no third parties file an opposition, the sur - vey and demarcation of the pertenencias is car - ried out. Finally, the Mining Authority registers it in the Registry Book, and a copy is given to the interested party as title to that mining property. Obligations for Maintaining Title of Mining Concessions Mining concessions are, by law, granted in per - petuity (not subject to a validity term), under cer - tain conditions and obligations. The violation of those conditions may lead to the forfeiture and revocation of the mining title, making the mine become vacant.
The following obligations are mandatory in order to maintain the validity of the exploitation title in good standing. Fulfilment of certain legally required works at the mine – Statutory Works (minimum mine works) and Survey (mensura) Statutory Works must be performed within 100 days of the day following the discovery regis - tration. Lack of performance of Statutory Works may result in the termination of the mining claim registration by the Mining Authority. A Survey (including claim of pertenencias ) must be requested within 30 days of the lapsing of the term for performing Statutory Works. Non- compliance with that obligation may cause the Mining Authority arbitrarily to locate the pert- enencias and, in this case, the rights of the dis - coverer are forfeited and the mine is registered as vacant. Failure to evidence performance of Statutory Works or to file the claim of pertenencias and the Survey in due time may result in the forfeiture of the concession. Canon payment to the province (exploitation fees payable per mine and calculated on the type and amount of pertenencias of each mine during its life) The canon is a fee charged on the mining con - cession, payable from three years after the date on which the mine is granted/registered, on an annual basis. Law issued by National Congress fixes the annual canon per pertenencia . Gener - ally, the annual canon is paid in advance in two equal instalments on June 30 and December 31 of every year. The mining concession automatically lapses if the canon is not paid, at the latest, during the
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