Mining Concessions

PELAMBRES

1. Quick and Unobstructed Constitution of Mining Concessions
Low level of uncertainty regarding legislation, which facilitates the formation of exploration and exploitation of mining concessions through legal resolutions (Art. 19 N° 24, subsection 7 of the Constitution).

2. Concession Permanence on the Owner’s Assets
The lease duration for exploitation is indefinite; for exploration it is valid for two years, which may be extended only once for two additional years (Art. 17 of the Constitutional Act on Mining Concessions, Art. 142 of the Mining Code).

The only requirement to keep the concession is the annual payment of the mining permit. (Art. 12 of the Constitutional Act on Mining Concessions).

3. Constitutional Protection on Property Rights of the Concession
The domain holder over their mining concession is protected under the Constitutional Guarantee of Property Rights (Art. 19 N°24, subsection 9 of the Constitutional Act).

Against any act or omission, arbitrary or illegal, which may produce deprivation, disturbance or threat to the legitimate exercise of their right of domain over the mining concession, the title holder may, among other procedural remedies, invoke the action of protection under Article 20 of the Political Constitution of the Republic of Chile.

4. Use of Mining Waters
The mining concession holder has, solely by operation of law, the right to use the water found at the labours of their concession, inasmuch as such waters are necessary for the exploration work, exploitation work and profit that may be performed (Art. 110 of the Mining Code).

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