New Resolution on Mining Coexistence: New Elements to Resolve Conflicts Due to Overlap
Mining attorney Estefanny Pardo presented a radio program in partnership with La Voz Minera EMG titled "Minería al Día con Estefanny Pardo." In this episode, Ms. Pardo analyzes the new Resolution 4358 on the coexistence of projects in cases of total or partial overlap in the mining-energy sector. She explains key definitions of "existing project" and "incoming project," the notification procedure and the initial negotiation meeting, as well as the consequence of not attending (consent or withdrawal is presumed, as applicable). She also details the scenarios in which an operational coexistence agreement is not required – including projects that do not require an environmental license, insufficient surface rights, overlap limited to areas without operational interference and lack of technical support for incompatibility – and emphasizes the burden of proof on the party alleging incompatibilities. She expresses that the resolution provides clearer guidelines and concrete consequences, promoting early negotiation and reducing overlap conflicts.
Duration: 14:38