6797, of October 4, 1982, is hereby amended in the following provisions:
1. Article 2, the text of which shall read:
"Article 2.—The exploitation of mineral substances may be carried out in quarries (canteras), public domain watercourses (cauces de dominio público), placers (placeres), wash sites (lavaderos), and mines; in all cases, it shall be governed by the provisions of this Code and its Regulations.
Definitions:
Permit (Permiso): Authorization granted by the Executive Branch, through the Directorate of Geology and Mines (DGM), which consolidates a right in favor of the petitioner allowing the exploration or search for materials in general for a term of three years, which may be extended only once.
Concession (Concesión): Authorization granted by the Executive Branch through the DGM for a determined period, as applicable, which grants the petitioner a limited real right to exploit or extract minerals from a specific zone, transform them, process them, and dispose of them for industrial and commercial purposes, or grants the exclusive right to explore the mineral substances specifically authorized therein.
Environmental impact (Impacto ambiental): Alteration produced in the natural environment where humans live, when carrying out a project or activity. It results from the confrontation between a given environment and a productive process, consumption, or an infrastructure project. The impact analysis may be conducted at the level and scale required, considering an integral conceptualization of the environment that involves the multiple interrelations of geo-biophysical and social processes. For its proper understanding, an interdisciplinary perspective is required. It is important to note that the alteration does not occur if the project or activity is not executed.
Environmental impact study (Estudio de impacto ambiental): Comparative, technical, economic, social, cultural, financial, legal, and multidisciplinary analysis of the effects of a project on the natural environment, as well as the proposal of measures and actions to prevent, correct, or minimize such effects; it is a decision-making instrument within the legal-administrative field that regulates the evaluation of the impact of different activities on the environment, and whose operational and functional responsibility lies with the National Environmental Technical Secretariat (SETENA), a maximum deconcentrated body attached to the Ministry of Environment and Energy (MINAE)." 2. Article 9, the text of which shall read:
"Article 9.—Any natural or legal person, national or foreign, may acquire mining permits or concessions (concesiones mineras), or have part in them, except:
- a)Foreign governments or states, except as provided in Article 7 of this Law.
- b)Deputies of the Legislative Assembly.
- c)Representatives of other countries, directly or indirectly.
- d)The President of the Republic, the Vice Presidents, ministers, vice ministers, and general directors.
- e)Municipal mayors (alcaldes municipales) and other political officials, within the territory of their jurisdiction.
- f)The Comptroller General of the Republic and the Deputy Comptroller, the Attorney General's Office officials (procuradores), the Ombudsman (defensor de los habitantes) and the Deputy Ombudsman, and the magistrates of the Supreme Court of Justice.
- g)All public officials and employees related to the processing of mining rights and the operation and validity of mining companies.
- h)The executive presidents and managers of autonomous institutions and public companies.
This prohibition shall extend to relatives, in the first degree of consanguinity or affinity, of the officials and employees indicated in the preceding subsections, as well as to legal persons whose shareholders or agents are any of the aforementioned officials or their relatives. This provision shall remain in effect for three years following the date of cessation of the respective employment, a period during which the process of applying for a permit or concession may also not be initiated. This prohibition shall not include permits or concessions acquired by inheritance or legacy, nor those obtained six months or more prior to the appointment to the position.
Any official who violates this article shall be subject to the sanctions established in the corresponding laws and regulations.
Regarding due process, the state mining administration shall proceed to declare the nullity of the respective permit or concession, when the participation of the persons indicated above is verified, without prejudice to the other sanctions established in the laws and regulations." 3. Article 36, which shall henceforth be 40, the text of which shall read:
"Article 40.—Quarries (canteras) shall be considered an integral part of the land where they are located. They may be the object of an application for a concession (concesión) to exploit them, by natural or legal persons who offer assurance that their products will be used industrially, or by holders of a mine concession, when the quarry product is to be used within the concession itself, in the construction works of the mine and its dependencies.
However, the application shall not be processed in the following cases:
- a)If the quarry is under legally authorized exploitation.
- b)If the owner of the land where the quarry is located decides to exploit it personally or through a third party, except as provided in the preceding subsection.
The Executive Branch shall regulate the exploitation of quarries, as well as the pertinent safety measures. The information and work methods shall be subject to this Law and its Regulations.
Quarry concession holders shall pay to the corresponding municipality, according to the location of the extraction site, an amount equivalent to thirty percent (30%) of the total amount paid monthly for sales tax (impuesto de ventas), generated by the sale of cubic meters of sand, stone, ballast, and derivatives thereof. In the event that no sale occurs because the extracted material forms part of materials intended for industrial purposes of the same concession holder, an amount of forty colones (¢40.00) per cubic meter extracted shall be paid, an amount that shall be updated annually based on the consumer price index, calculated by the National Institute of Statistics and Census (Instituto Nacional de Estadística y Censos). The fees shall be paid to the treasury of the municipal corporation, at the place and in the manner determined by it.
Failure to pay within the legally established period shall result in a charge of financing interest (interés de financiamiento), from the moment the tax should have been paid based on the interest rate set by Article 57, and default interest (interés por mora) equal to Articles 80 and 80 bis, all of the Code of Tax Rules and Procedures (Código de Normas y Procedimientos Tributarios); the foregoing in accordance with Article 69 of the Municipal Code, as applicable, and Title XVII of this Code." 4. Article 45, which shall henceforth be 49, the text of which shall read:
"Article 49.—For the exploitation concession (concesión de explotación) of placers (placeres) or wash sites (lavaderos), the provisions of this Law and its Regulations regarding mining explorations and exploitation shall apply. Exploitation concession holders shall pay to the municipality where the activity takes place a fee of fifteen percent (15%) of the total amount paid monthly for sales tax, generated by the sale of each cubic meter of extracted material." 5. Article 51, which shall henceforth be 55, the text of which shall read:
"Article 55.—Holders of reconnaissance and exploration permits, as well as exploitation concession holders, shall pay the following annual surface rights (derechos de superficie) and taxes:
I.—Surface rights Artisanal Mining (Minería Artesanal): one third of the base salary (salario base) per square kilometer or fraction.
Rest of the activity: non-artisanal quarries, public domain watercourses, mines, and placers:
- a)Reconnaissance and exploration permit: one base salary per square kilometer.
- b)Exploitation concession:
- 1)Public domain watercourses: three base salaries per kilometer of length.
- 2)Quarries, placers, and mines: three base salaries per square kilometer.
The denomination "base salary" used in this Law shall be understood as that contained in Article 2 of Law No. 7337, of May 15, 1993.
The payments for surface rights contemplated in this article must be paid, in yearly installments in advance, in the month of December of each year, to the respective account of the DGM to finance machinery, equipment, materials, supplies, fuel, lubricants, transportation expenses, per diem within the country, hiring of qualified personnel for a maximum of one year, and training, in order to allow the normal development of the Directorate's activities. These expenses must be budgeted annually and comply with the regulations established for this purpose by the Comptroller General of the Republic and the Budgetary Authority (Autoridad Presupuestaria).
II.—Taxes a) Import taxes on merchandise not covered by the exemptions indicated in Article 56 of this Code, which, once the numbering has been run, becomes Article 60.
- b)Regarding metallic mining activity and placers, a two percent (2%) tax on gross sales shall be charged. This percentage shall be paid to the municipality or municipalities in whose jurisdiction the exploitation concession is located; said percentage shall be distributed as follows:
Fifty percent (50%) among the community development associations (asociaciones de desarrollo) of the communities of the canton or cantons where the exploitation area is located; the remaining fifty percent (50%) shall be used for the municipality's own activities.
The Central Bank of Costa Rica (Banco Central de Costa Rica) shall transfer, to the National Directorate for Community Development (DINADECO), the corresponding sum from this tax; said Directorate shall distribute it and ensure its correct use, without prejudice to the oversight of the comptroller body." 6. Article 101, which shall henceforth be 105, the text of which shall read:
"Article 105.—To guarantee a rational and sustainable use of national resources and protect their future uses, concession holders, in a prior and public manner, must carry out environmental impact studies (estudios de impacto ambiental) of their activities.
The environmental impact analysis (análisis del impacto ambiental) must include the following aspects:
- a)Impact of the proposed action on the natural and human environment and on biodiversity.
- b)Adverse effects unavoidable if the activity is carried out.
- c)Other existing alternatives related to the activity.
- d)Environmental costs and benefits in the short, medium, and long term, at the local, regional, or national level.
- e)Other resources that would be irreversibly affected.
- f)Possibilities of achieving the greatest benefit with the minimum risk." File article