On June 23, 2020, Supreme Decree No. 6 of January 30, 2020, of the Ministry of Mining, amending Supreme Decree No. 41 of November 22, 2012, of the same ministry, which approves the Regulations to the Law on the Closure of Mining Sites and Facilities (Law No. 20.551), was published in order to implement the amendments incorporated by Law No. 21.169, with respect to incorporating the guarantee insurance policies at first request issued by national insurance companies as instruments within category A.1 ) of Article 52 of Law No. 20.551, being these sufficient to guarantee compliance with the plans for the closure of mining sites and facilities.

When Law No. 21.169 came into force, all mining companies subject to the procedure of general application, which took advantage of the transitional regime of Law No. 20.551 (closure plans simply valued), must update their closure plans (without the need for an audit), so that they incorporate a risk assessment, in order to determine the measures, activities and works of closure and post-closure, in order to protect life, health and the environment. The above was already warned by Exempt Resolution No. 40 of January 10, 2020, of the National Service of Geology and Mining (“SERNAGEOMIN”), published on January 17, 2020.

In case you require additional information on this matter, you may contact Marcelo Mardones, mmardones@jdf.cl, and/or Martín Esser, messer@jdf.cl.