Clasificación de la minería en el marco jurídico minero y ambiental colombiano

Abstract

This investigation aims to identify the problems faced by miners who are still classified in a range of average mining with the volume reported in the Programas de Trabajos y Obras –PTO and the difference with the environmental process before the Autoridad Nacional de Licencias Ambientales [ANLA] with costs that are for large miners. The methodology developed is mixed, given that both qualitative and quantitative approaches are approached. From a qualitative perspective, a revision of the current regulations on the classification of mining in Colombia is unfolding, its implications and terms of reference at the environmental and mining level tending to obtain permissions for the exploitation of minerals. From a quantitative perspective, the collection of data related to costs is carried out by those who incur the average miner during the process of requesting environmental licenses before mining and environmental entities. In the surveys carried out with 35 people, it was found that, while aware of the regulations, 82.9% recognized the mining classification of Decree 1666 of 2016 of the Ministry of Minas, although 17.1% is not there. On the other hand, 68.6% know the classification according to Decree 1076 of 2015 of the Ministry of Environment and Sustainable Development MADS, and 31.4% do not know it. In both cases, it can be decided that it is valid to assume a generalized knowledge of the norm on the part of those surveyed.

Keywords: Mining Classification, National Environmental License Authority [ANLA], Work and Work Programs –PTO.