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December 16, 2020In force

Amendments to Articles 8, 56-A and 90 of the General Mining Law

Congreso Nacional

  • Decree: 135-2020
  • Published: December 16, 2020
  • Issuing body: Congreso Nacional
  • Gazette: 35,461
  • Category: Commercial

Summary

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This law modifies Honduras's mining rules to include aggregate stones (rocks and materials for construction) as an official mining activity. It sets annual payment rates that increase gradually based on the type of mining, and offers 50% tax incentives for companies that export aggregate stones, benefiting mining investors and producing municipalities.

Considerations

Whereas, by means of Decree No. 238-2012 dated January 23, 2013 and published in the Official Gazette "La Gaceta" on April 2, 2013, in Edition No. 33,088, the National Congress approved the General Mining Law, which has as its purpose to regulate mining and metallurgical activities in the country.

Whereas the General Mining Law establishes that the State of Honduras exercises eminent, inalienable, and imprescriptible domain over all mineral resources found in the national territory, and must establish the bases for their exploitation by private parties in accordance with the social interest.

Whereas it is essential to differentiate and establish the applicable fees for each mining activity as corresponds, which allows for addressing the current crisis in the mining sector in Honduras and guarantees its regularization through competitive processes, which enable mining industries to develop under fully established legal, technical, and environmental standards.

Whereas in the construction industry worldwide there is high demand for aggregate stone, and due to their physical characteristics these resources are required as raw material in different types of works such as dam rockfill, coastal protection works, river and sea margins, etc., this in consideration of the low environmental impact that the extraction of aggregate stone represents and its low market value, which makes it a highly profitable investment for the construction industry.

Whereas the State of Honduras possesses quarries for the exploitation of aggregate stone, which constitutes sources of employment for the population and enable its exportation as raw material for certain industries worldwide. Likewise, the promotion of new industries in the country is an unavoidable duty of the government for the development of the nation, contributing in the first place to create a favorable environment to strengthen national investment and in this way improve the quality of life of its inhabitants, and in the second place the creation of necessary incentives for its development.

Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it corresponds to the National Congress to: Create, decree, interpret, reform, and repeal laws.

Articles

Article 1.-

Reform Articles 8, 56-A and 90 of the GENERAL MINING LAW, contained in Decree No. 238-2012 dated January 23, 2013 and published in the Official Gazette "La Gaceta", dated April 2, 2013, Edition No. 33,088, amended by Decree No. 109-2019 dated September 26, 2019 and published in the Official Gazette "La Gaceta" dated November 25, 2019, which as of this date shall read as follows:

Article 8

According to their activity, Mining Concessions may be for Exploration, Exploitation and/or Benefit; and in turn, according to the substance of interest, these may be metallic, non-metallic, gemstones or precious stones and stone aggregates. Non-metallic mining activity comprises the activity of extraction of mineral resources that, after special treatment, are transformed into products that due to their physical and/or chemical properties can be applied to industrial and agricultural uses and particularly stone aggregates. Stone aggregates are all those rock materials that, when properly fragmented and classified, are used in the construction industry".

Article 56-A

The territorial canon is the periodic monetary consideration that must be paid in full, starting from the year in which the application for the Mining Right was filed and during the validity thereof within the first fifteen (15) days of the month of January of each year, in order to guarantee the reserve of the requested area, payable progressively in accordance with the following Table: EXPLORATION CANON a) The equivalent in national currency of ONE DOLLAR AND FIFTY CENTS OF THE UNITED STATES OF AMERICA (US$ 1.50) for the first year and for each hectare or fraction requested, in the case of metallic, non-metallic concessions, or stone aggregates; b) The equivalent in national currency of THREE DOLLARS AND FIFTY CENTS OF THE UNITED STATES OF AMERICA (US$ 3.50) per year and per hectare or fraction granted or requested, in the case of metallic, non-metallic concessions, or stone aggregates, for exploration in the second year; c) The equivalent in national currency of FIVE DOLLARS AND FIFTY CENTS OF THE UNITED STATES OF AMERICA (US$ 5.50) per year and per hectare or fraction granted or requested, in the case of metallic, non-metallic concessions, or stone aggregates, for exploration in the third year; d) The equivalent in national currency of SEVEN DOLLARS AND FIFTY CENTS OF THE UNITED STATES OF AMERICA (US$ 7.50) per year and per hectare or fraction granted or requested, in the case of metallic, non-metallic concessions, or stone aggregates, for exploration in the fourth year; and, e) The equivalent in national currency of NINE DOLLARS AND FIFTY CENTS OF THE UNITED STATES OF AMERICA (US$ 9.50) per year and per hectare or fraction granted or requested, in the case of metallic, non-metallic concessions, or stone aggregates, for exploration in the fifth year. EXPLOITATION CANON a) The equivalent in national currency of TEN DOLLARS OF THE UNITED STATES OF AMERICA (US$ 10.00) per year and per hectare or fraction

granted or requested, in the case of metallic and non-metallic concessions, or stone aggregates, for exploitation in the first ten (10) years; b) The equivalent in national currency of TWELVE DOLLARS OF THE UNITED STATES OF AMERICA (US$ 12.00) per year and per hectare or fraction granted or requested, in the case of metallic and non-metallic concessions, or stone aggregates, for exploitation in the following ten (10) years; and, c) The equivalent in national currency of FOURTEEN DOLLARS OF THE UNITED STATES OF AMERICA (US$ 14.00) per year and per hectare or fraction granted or requested, in the case of metallic and non-metallic concessions, or stone aggregates, for exploitation in the last ten (10) years of the project. In both cases… In the Small…".

Article 90

The Mining Authority… The granting… The resolutions issued by municipalities regarding artisanal mining may be subject to challenge before the mining authority".

Article 2.-

Add ARTICLE 76-D to the GENERAL MINING LAW, contained in Decree No. 238-2012 dated January 23, 2013 and published in the Official Gazette "La Gaceta", dated April 2, 2013, Edition No. 33,088, amended by Decree No. 109-2019 dated September 26, 2019 and published in the Official Gazette "La Gaceta" dated November 25, 2019, which shall henceforth read as follows:

Article 76-D

INCENTIVES FOR THE EXPORTATION OF STONE AGGREGATES.- In order to promote investment and the development of mining exploitation of stone aggregates and as a state measure aimed at promoting the exportation of said resources, natural or legal persons who in accordance with this Law develop and operate quarries for the industrial exploitation of stone aggregates for their exportation shall enjoy the incentive of exemption from the Sales Taxes established in subsection B. of Article 76-A, in the case of the Special Mining Tax (IEM) the exemption shall be fifty percent (50%) of the percentage referred to in Article 76-B of this Law, in such sense, in the case of stone aggregates the breakdown shall be as follows:

  • 1)

    Zero point five percent (0.5%)

    for the municipality where the material is extracted;

  • 2)

    Zero point five percent (0.5%) in favor of the Mining Authority; and,

  • 3)

    Zero point five percent (0.5%) as a Security Fee. In the case of the exemption of the tax contained in subsection B. of Article 76-A, the beneficiary persons must carry out the registration and exemption process before the corresponding state agencies, and must comply with the verification and compliance standards established by the competent authorities".

Article 3.-

The Executive Branch shall be responsible for issuing all technical mining regulations that are necessary to comply with what is established in this Decree.

Article 4.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session held in a Virtual manner, on the fifteenth day of the month of October of two thousand twenty. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., of 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY

Notes

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