Law No 45: mining law

Country / jurisdiction: Ecuador · Year: 2009 · Status: In force · Level: National · Type: Voluntary

In 2009, the Legislative and Enforcement Commission of the Ecuadorian National Assembly passed Law No 45 to establish a new mining industry regulation aiming to correct and prevent the environmental, social and cultural harm that mining may produce.

This law was approved mainly following articles 313 and 408 of the Ecuadorian Constitution. Article 303 indicates that natural non-renewable resources are one of the country's strategic sectors, and the Ecuadorian State has the right to administer, regulate, control and manage them following the principles of environmental sustainability, precaution, prevention and efficiency. Meanwhile, article 408 states that non-renewable natural resources and, in general, mineral deposits are the property of the State.

Regarding Law No 45, article 1 indicates that the State may grant rights in the mining sector to private and mixed companies in which it has a majority ownership.

Article 15 established mining activity in all its phases as a public utility sector. Article 16 mandates that the exploitation of natural resources and the exercise of mining rights must adhere to the National Development Plan and to the principles of sustainable development, protection and conservation of the environment, as well as inclusiveness and social responsibility. Also, it is required to respect the natural and cultural heritage of the exploited areas. Article 16 also establishes that the exploration and exploitation of mining resources will be based on a public environmental sustainability strategy that will prioritise inspection, control, regulation, and prevention of pollution and environmental remediation, as well as the promotion of social participation and citizen oversight.

Official source: https://derechoecuador.com/uploads/content/2021/01/file_1611807132_1611807146.pdf