Mining Rights and Regulations: Understanding Land Use for Mineral Extraction

Posted on Dec 12, 2024 in Law & Jurisprudence

**Mining Rights and Regulations: Understanding Land Use for Mineral Extraction**

**Article 14: Right to Taste and Dig**

Everyone has the right to *taste* and *dig* in the land of any domain, except those covered by the limits of a mining concession of others, in order to find minerals. The damage that is caused by reason of the exercise of this power should be compensated. The respective trial will be processed in accordance with Article 233.

**Article 15: Permission Requirements for Tasting and Digging**

It may *taste* and *dig* freely in open fields and uncultivated areas, regardless of ownership. In other areas, written permission will be required from the owner of the land or the holder. When the owner is the Nation or the municipality, the permit must be requested of the governor or mayor concerned. In cases of refusal of the person whom it may concern, official or to grant permission or interference with the exercise of the authority referred to in the first paragraph, the judge may decide. However, in the case of houses and units or land planted with vines or fruit trees, only the owner can grant permission.

**Article 16: Court-Granted Permissions and Obligations**

The permission granted by the court pursuant to the preceding article shall determine the number of people that may be used in the search and always include the following duties:

  1. That the work is carried out when there are no hanging fruits in the field.
  2. That the time of achieving them does not exceed six months from the date of issuing the permit.
  3. That the applicant indemnifies any damage caused to the work or when it must pay, in advance, a deposit described by the judge to ensure compliance with this obligation, if people require.

If the applicant is unable to exercise the option within the time granted by the judge, he may defer the authorization for another time.

**Article 17: Special Permissions for Mining Activities in Specific Locations**

Without prejudice to permissions in Article 15, to carry out mining activities in places that are highlighted below, written permission will be required from the authorities indicated respectively, given in the manner provided in each case:

  1. The governor concerned, to perform mining activities within a city or town, in cemeteries, enabled ports on beaches, and sites that promote the uptake of water necessary for a people at a shorter distance of fifty feet, measured horizontally, from buildings, public roads, railways, high voltage power lines, ski lifts, canals, river defenses, streams, and lakes for public use, and less distance than two hundred feet, measured horizontally, from dams, radio stations, antennas, and telecommunications facilities. This permit is not required if the buildings, railways, high voltage power lines, ski lifts, channels, radio stations, antennas, and telecommunication facilities belong to the person concerned to implement the mining works or where the owner authorizes the person concerned to perform them. Before granting permission for mining activities within a city or town, the governor should listen to the respective Regional Ministerial Secretary of Housing and Urban Development.
  2. The Mayor concerned, to perform mining activities in areas declared national parks, national reserves, or natural monuments.
  3. The Directorate of Borders and Boundaries, to carry out mining activities in border areas designated for mining purposes.
  4. The Ministry of National Defense, to perform mining activities within five hundred yards of places for deposits of flammable explosive material.
  5. Also from the Ministry of National Defense, to perform mining activities and military installations in areas dependent on the Ministry, such as ports and airfields, or on adjacent land to a distance of three thousand feet, measured horizontally, provided that these lands have been declared, in accordance with law, necessary for national defense.
  6. The President of the Republic, to perform work or mining guano deposits in places that have been declared of historical or scientific interest.

The permits granted in previous issues may prescribe measures to be taken in the interest of national defense, national security, public safety, or the preservation of the sites mentioned here. The permits referred to in items 2, 3, and 6, except those on guano deposits, will only be necessary if the statements to relate those numbers have been made specifically for mining purposes, by supreme decree also point to the boundaries concerned. The decree must be signed also by the Minister of Mining. Shall apply to officials or authorities who may properly grant the licenses referred to this provision, as prescribed in Article 162 of Decree with Force of Law No. 338 of 1960.