6797, of October 4, 1982, and its reforms, is hereby amended. The text shall read:
"Article 103.- The following, among others, shall be considered factors that deteriorate the environment:
[...]
- k)The use of leaching (lixiviación) techniques with cyanide and mercury in mining and the inadequate use of hazardous substances, in accordance with the provisions established by the World Health Organization.
[...]"
Transition I- During the period of eight years, counting from the entry into force of this reform, the prohibition on the use of leaching techniques with cyanide and mercury shall not apply to workers organized in mining cooperatives dedicated to the exploitation of small-scale mining for family subsistence, artisanal, and coligallero. Within this period, these persons shall have the obligation to reconvert their activities to the development of alternative technologies that are more environmentally friendly; for this, they shall have the support, advice, and technical and financial assistance of the Costa Rican State.
For such purposes within that same period, the State must provide support, advice, and technical assistance to the workers of the communities neighboring the mining exploitation who are duly organized in cooperatives dedicated to small-scale mining for family subsistence, artisanal, and coligallero, so that they progressively reduce, until reaching the elimination of the use of mercury and mercury compounds and the emissions and releases of mercury into the environment resulting from this activity, adjusting to the measures, deadlines, and action plan that the Executive Branch determines, in accordance with Law 9391, Minamata Convention on Mercury, of August 16, 2016.
Leaching techniques with cyanide and mercury may continue to be used under the strictest controls determined by the State to avoid environmental damage and harm to people's health, in accordance with the referenced plans, until the State certifies the different concessionaire cooperatives as users of environmentally friendly technologies, according to the mentioned action plan. For these purposes, the State shall have a deadline until February 10, 2025. Failure to meet this deadline by the Executive Branch may constitute the crime of breach of duties as defined in Article 339 of Law 4573, Penal Code, of May 4, 1970.
For these purposes, small-scale, artisanal, and coligallero mining activity shall have the status of a priority sector in access to credit for its development, in accordance with the provisions established in Article 7 of Law 8634, Development Banking System, of April 23, 2008, and state banking.
(Note from Sinalevi: By means of the sole article of Law No. 9662 of February 5, 2019, it was agreed to extend for four more years and for a single time the period of eight years established in this transition provision) (Thus amended by the sole article of the Law for the Strengthening and Environmental Improvement of Artisanal Mining in Abangares, No. 10132 of February 10, 2022) TRANSITION II.- The concession rights acquired in good faith and in compliance with all the requirements of the regulations in force prior to its entry into effect are exempt from the provisions of this Law. The holders of these rights must fulfill all the obligations established in national legislation.
TRANSITION III.- All proceedings related to exploration permits and exploitation concessions for conducting open-pit metallic mining activities, which are pending resolution before the Directorate of Geology and Mines and before the National Environmental Technical Secretariat as of the date of entry into force of this Law, must be archived.
TRANSITION IV.- No permit or concession for open-pit metallic mining shall be renewed or extended after being extinguished for any reason, in accordance with the legislation that regulates them.
TRANSITION V.- Within a period of two months, counted from the entry into force of this Law, Minaet, through the Directorate of Geology and Mines, must conduct a study on the status of all applications pending resolution, as well as the permits and concessions granted in the mining reserve area established in Article 2. It shall immediately proceed to the cancellation, following the prior application of due process, of concessions that do not comply with the provisions of this Law. Likewise, it must archive, without further proceeding, all applications for permits or concessions that are in the same condition of non-compliance.
TRANSITION VI.- Within the three months following the publication of this Law, the Executive Branch must regulate the provisions of Article 2. Said Regulation shall cover the activity of small-scale mining for family subsistence, artisanal, and coligallero. Furthermore, it must include the assistance and incentives necessary to promote the development of clean technologies, as well as the promotion of sustainable productive alternatives such as mining tourism, goldsmithing, or other options that add value to the small-scale mining production for family subsistence, artisanal, and coligallero.
TRANSITION VII.- Within six months following the publication of this Law, the Ministry of Health, in coordination with Minaet, must regulate and develop protocols for the storage, transportation, use, and handling of cyanide, mercury, and hazardous substances in small-scale mining for family subsistence, artisanal, and coligallero.
It shall enter into effect upon its publication.
Given at the Presidency of the Republic. San José, on the first day of December two thousand ten.
Transition VIII- Within a period of two months, counted from the entry into force of this law, the Ministry of Environment and Energy (Minae), through the Directorate of Geology and Mines, must conduct a study on the status of all applications pending resolution, as well as the permits and concessions granted in the mining reserve area established in Article 8 of Law 6797, Mining Code, of October 4, 1982. It shall immediately proceed to the cancellation, following the prior application of due process, of concessions that do not comply with the provisions of said article. Likewise, it must archive, without further proceeding, all applications for permits or concessions that are in the same condition of non-compliance.
The public officials responsible for failing to meet the deadlines established in this law shall incur the crime of breach of duties, in accordance with the provisions established in Article 339 of Law 4573, Penal Code, of May 4, 1979.
(Thus added by the sole article of the Law for the Strengthening and Environmental Improvement of Artisanal Mining in Abangares, No. 10132 of February 10, 2022) Transition IX- Within the three months following the publication of this law, the Executive Branch must regulate the provisions of Article 8 of Law 6797, Mining Code, of October 4, 1982. Said regulation shall include the provisions necessary to organize and provide legal certainty to the activity of small-scale mining for family subsistence, artisanal, and coligallero.
Furthermore, it must include the assistance and incentives necessary to promote the development of clean technologies, as well as the promotion of sustainable productive alternatives such as mining tourism, goldsmithing, and other options that add value to the small-scale mining production for family subsistence, artisanal, and coligallero. The Ministry of Environment and Energy (Minae), the Ministry of Economy, Industry, and Commerce (MEIC), the National Learning Institute (INA), the Costa Rican Tourism Institute (ICT), the Institute of Rural Development (Inder), the Joint Institute for Social Aid (IMAS), the National Institute for Cooperative Development (Infocoop), the Development Banking System, and the public banking must collaborate, within their respective fields of competence, so that the State provides the required assistance, incentives, and promotion. The Executive Branch shall include, in this regulation, the creation of an inter-institutional commission with the institutions mentioned in this transition provision, as well as any other it deems necessary, to fulfill these objectives.
Failure to comply with the obligations described in this transition provision by the respective authorities shall be sanctioned in accordance with the provisions of Article 339 of Law 4573, Penal Code, of May 4, 1970.
(Thus added by the sole article of the Law for the Strengthening and Environmental Improvement of Artisanal Mining in Abangares, No. 10132 of February 10, 2022) Transition X- From August 16, 2023, until February 10, 2025, the exploitation and processing of gold is hereby enabled for mining workers duly associated with the mining cooperatives referred to in Article 8 of the Mining Code, who have submitted concession applications for the mining reserve area of the canton of Abangares.
When they have submitted the corresponding application before the Directorate of Geology and Mines of the Ministry of Environment and Energy, indicating:
- a)That the material comes solely from the canton of Abangares, from the concessioned area or the area applied for in concession, as applicable.
- b)The type of material to be exported, the quantity, and the weight, both gross and net, which belong exclusively to the tariff headings of the Central American Tariff System (SAC), namely headings 710811000000, 710812000000, 710813000000, 710820000000.
- c)The country, place of destination, and means of transport to be used.
- d)The estimated commercial value.
The Directorate of Geology and Mines of the Ministry of Environment and Energy must resolve all pending concession applications for the mining reserve area of the canton of Abangares before the expiration of the period established in this transition provision.
(Thus added by the sole article of the Law for the Strengthening and Environmental Improvement of Artisanal Mining in Abangares, No. 10132 of February 10, 2022) (Thus amended by the sole article of Law No. 10375 of August 16, 2023)