The Ministry of Energy and Mines issued the Ministerial Agreement MEM-MEM-2025-0023-AM, which amends the instructions for the granting of mining concessions for non-metallic minerals or construction materials, of up to 300 mining hectares, under the special regime for small-scale mining.
This regulation strengthens the application process for the granting of these concessions through clear technical criteria, defined deadlines and verification mechanisms that seek to guarantee transparency, traceability and legality.
The following are the most relevant aspects of this regulation:
- A limit of 300 mining hectares is established for each concession and a maximum production of 1000 tons in open pit per day. However, it is possible to apply for more than one if each concession does not exceed more than 300 hectares and does not form a single polygon.
- The Integrated Mining Management System is introduced, which digitizes the process and requires prior graphing of the area as the first step in the application process. However, the application must still be submitted in physical form.
- An evaluation of technical, financial and legal suitability is established with a minimum score required. It will be carried out by a multidisciplinary team for the purpose considering established parameters. Only if 100 points are reached will the authority request the Mining Regulation and Control Agency to issue the cadastral report of the requested area:
- Work and investment plan – 60 points
- Economic review – 30 points
- Legal review – 10 points
- The work and investment plan becomes mandatory and fundamental. It should include at least the following:
- Technical and operational description of the project: geology, methodology, exploration and estimated volume.
- Equipment and processes: machinery, supplies and material treatment.
- Social and labor management: personnel, salaries and community relations.
- Safety and prevention: occupational health and contingency plans.
- Proven financial capacity is required, including bank certificates and tax returns. Also, certificates of compliance with obligations and legal existence in the case of applicants who are foreign legal entities.
- As for procedural aspects, it is now allowed to correct observations at different stages, not only at the beginning. In addition, there is an active participation of the zonal coordinations and greater technical control. Also, the authority is allowed to suspend or extend deadlines in justified cases.
For more information, please do not hesitate to contact us.
This bulletin contains a summary of legal developments of interest, and therefore cannot be considered as provided advice. If you have any questions, please contact the AVL Abogados team.
