The MAATE has set a maximum period for the environmental regularization of the mining sector

By memorandum number MERNNR-SMAPM-2022-0059-ME of March 23, 2022, the Undersecretary of Artisanal Mining and Small Mining of the Ministry of Energy and Non-Renewable Natural Resources (hereinafter the “MERNNR”) informed the its zonal coordinators of circular number MAAE-DNCA-2022-0008-C dated February 19, 2022  (hereinafter the “Circular”) signed by the Director of Environmental Regulations and Control of the […]

Regulations for the formation and operation of the Public-Private Mining Advisory Council

By ministerial agreement number MERNNR-MERNNR-2022-0012-AM of March 2, 2022, the Ministry of Energy and Renewable Natural Resources  (MERNNR) issued the regulations for the formation and operation of the public-private mining advisory council [1] in accordance with the provisions of article 7 of the Mining Law as a competence of the MERNNR, which states: “[…] Create […]

Regulation for the Application of the Hydrocarbons Law

In the Third Supplement to the Official Gazette No. 4 of February 16, 2022, the Regulation for the Application of the Hydrocarbons Law was published. The following are the main aspects of the Regulation: HYDROCARBONS POLICY The principles on which the national hydrocarbon policy will be based are established, among which are: Give preference to […]

MAATE establishes guidelines for the application of the provisions of Constitutional Court judgments 18-IN/21 and 1149-19-JP/20

By means of official document number MAAE-SCA-2022-0206-O of February 2, 2022, the Ministry of the Environment, Water and Ecological Transition (hereinafter the “MAATE“) informed the Ministry of Energy and Renewable Natural Resources  (hereinafter the “MERNNR“) and this institution, in turn, to the mining title holders through their local offices, of its guidelines  on the applicability […]

Constitutional Court approves a referendum against mining in Quito

The Constitutional  Court issued opinion number 7-21-CP and cumulative/22 of  January 12,  2022, by  which it resolves the request for 2 referendums composed of 4 questions on the exploitation of metal mining in the 4 regimes: artisanal, small, medium and large scale, in the parishes of Nono, Calacalí, Nanegal, Nanegalito, Gualea and Pacto, confirming that […]

Delimitation of the special mining control zone in Zaruma

By ministerial agreement No. MERNNR-MERNNR-2022-0001-AM, published in the third supplement to Official Register No. 629 of January 31, 2022, the Ministry of Energy and Non-Renewable Natural Resources issued the delimitation of the special mining control zone within the Zaruma canton. The Agreement establishes the following coordinates, within which the Control Zone will be located: The […]

Constitutional Court ratifies the ruling in case No. 1149-19-JP

The Constitutional Court (hereinafter the“Court”)issued an order clarifying and extending (hereinafter the “Order”) judgment number  1149-19-JP of November 10, 2021 (hereinafter the “Judgment”) by which it decides (i) to deny the request for clarification and extension requested by the Attorney General’s Office and by Javier  Polivio Pérez and others and (ii)   partially accepts the  clarification […]

Constitutional Court conditions constitutionality of article 184 of Environmental Code and declares unconstitutional Arts. 462 and 463 of its regulations

The Constitutional Court (CC) issued judgment number 22-18-IN/21 of September 8, 2021 by which it partially accepts the public action of unconstitutionality proposed against several norms of the Organic Code of the Environment (COAM) and its regulations, which are related to mangroves, monocultures, the rights of nature and the regulation of the right to prior […]

Regulation for the emission of the Previous Administrative Act established in the literal b) of the Article 26 of the Mining Law

In the Second Supplement to the Official Gazette No. 518 of August 18, 2021, was published the regulation for the issuance of the previous administrative act established in literal b) article 26 of the Mining Law (hereinafter “Regulation“). Below, we present the most relevant points of the Regulation: Article 26(b) of the Mining Law Article […]