On May 25, 2017 Decree No. 104 issued by the Ministry of Mining, which approved the Regulations on the delivery of general information obtained from basic geological exploration works (the "Regulations") was published in the Official Gazette. It will enter into force on July 24, 2017.
Pursuant to article 21 of the Chilean Mining Code, in relation with article 2° number 16 of Law No. 3,525 of 1980 that created the National Service of Geology and Mining ("SNGM"), SNGM is entitled to request from anyone who conducts or has conducted basic geological exploration works, by themselves or through third parties, to deliver the general information obtained in this regard.
The Regulations aim to "set forth the definitions, terms, conditions and proceedings" to comply with this obligation to deliver the information requested by SNGM.
Provisions contained in Law No. 19,880 on Basis of the Administrative Proceedings that Govern the Actions of the State's Administration Entities, will apply in substitution to the administrative proceedings that result from the application of the Regulations.
The following are the most relevant definitions contained in the Regulations:
"Basic Geological Exploration": combination of works and actions conducive to the discovery, characterization, delimitation and estimation of the potential of a concentration of mineral substances. "General Information": combination of documentation such as samples, drawings, surveys, tables or studies, obtained from Basic Geological Exploration works. "Informing Entity": any natural or legal person that conducts or has conducted Basic Geological Exploration works, by themselves or through third parties. Proceeding
SNGM shall elaborate a program that sets forth the geographical and temporary criteria that will determine the Basic Geological Exploration works whose information shall be requested. Such program shall be set by means of an Exempt Resolution issued on the year previous to its entry into force. Notwithstanding, any Informing Entity can deliver General Information voluntarily and without prior request.
SNGM's request may not include information older than four years, counted as of the date of notification.
The General Information shall be delivered to SNGM through a letter signed by the Informing Entity or its legal representative, which shall be submitted either in person or by electronic means, but in both cases in digital form.
The abovementioned letter must have enclosed...