In these zones, exploration and exploitation shall be prohibited to individuals and reserved for the State.
Mining exploitation is prohibited in areas declared as national parks, biological reserves, forest reserves, and state wildlife refuges.
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining") Concessions granted to individuals for the exploration and exploitation of mineral resources in zones declared indigenous reserves must be approved by the Legislative Assembly. The law approving such concessions must protect the interests and rights of the indigenous communities. The legislative process shall not apply when the State directly carries out the exploration or exploitation.
Law No. 6172 of November 29, 1977, is amended as pertinent.
Areas of the canton of Abangares, Osa, and Golfito with potential for the exploitation of metallic mining are declared mining reserve zones (zonas de reserva minera) and frozen in favor of the State, based on technical studies carried out by the Directorate of Geology and Mines (Dirección de Geología y Minas) of the Ministry of Environment, Energy, and Telecommunications (Minaet).
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining") This reserve includes all areas that are free of exploitation concessions, as well as all those that in the future acquire such condition, whether by expiry, cancellation, or any other form of extinction of previously granted rights.
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining") In the mining reserve area (área de reserva minera) established in this article, exploration permits (permisos de exploración), mining exploitation and processing (beneficio) concessions may only be granted to workers duly organized in cooperatives dedicated to small-scale mining for family subsistence, artisanal, and coligallero, according to the conditions established in this Law and its Regulations.
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining") The granting of these permits and concessions shall be given exclusively to worker cooperatives for the development of small-scale mining for family subsistence, artisanal, and coligalleros from the communities neighboring the mining exploitation, based on the number of members in such cooperatives. Affiliated workers may not simultaneously belong to more than one small-scale mining cooperative.
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining") Small-scale mining for family subsistence (minería en pequeña escala para subsistencia familiar) is understood as underground extraction carried out through collective manual and mechanical work, where the volume to be extracted is established by the Directorate of Geology and Mines (Dirección de Geología y Minas) in accordance with the technical-geological studies presented in the concession application, taking into account the use of modern exploitation techniques to maximize metallic extraction and protect the environment, consistent with sustainable development. In determining the volume to be concessioned, the Directorate of Geology and Mines (Dirección de Geología y Minas) must apply criteria of equity and proportionality according to the number of affiliated workers and the concession applications.
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining") For these purposes, the Executive Branch shall recover, through the competent authority, in adherence to due process, concessions that are unused or being exploited irregularly. No concession that fails to comply with the provisions of this article shall be renewed or extended.
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining") The Directorate of Geology and Mines (Dirección de Geología y Minas) is authorized to grant exploration permits and mining concessions for small-scale mining for family subsistence, artisanal, and coligallero.
(Thus added the previous paragraph by Article 1 of Law No. 8904 of December 1, 2010, "Law to Reform the Mining Code and its Reforms to Declare Costa Rica a Country Free of Open-Pit Metallic Mining")