The Ministry of Environment and Natural Resources ( Semarnat ) reported that it is reviewing and updating various official standards and regulations that directly impact mining activity in Mexico, with the goal of strengthening environmental protection without falling into “overregulation.”
Luz Mariana Pérez, director of Mining at Semarnat, stated at the Mexico Mining Forum held this month: “We currently have Standard 120 in force, which deals with environmental protection classifications for mining exploration activities. We are currently undergoing a systematic review of this standard because, as you know, some modifications have been made at the national level.”
He added that the government, the private sector, academia, and the Mexican Mining Chamber ( Camimex ) are participating in this process to determine “whether it remains in effect, whether it no longer exists, or whether it requires modification.”
Among the provisions under review are NOM 155 and 159, on environmental protection requirements in leaching systems for gold, silver, and copper, respectively, with the intention of unifying them.
Another is indirectly applicable standard 147, related to contaminated sites. “A technical working group made up of different sectors has already been established” to update standards that currently “lack scientific rigor,” he said.
Regarding these revisions, mining lawyer Alberto Vázquez explained to BNamericas that “with regard to the exploration regulation, it would not apply to private individuals, since it was nationalized” in the reform to the Mining Law of May 2023.
Pending regulation
Pérez also reported that a new regulation on mining restoration derived from the General Law on Ecological Balance and Environmental Protection (LGEEPA), also amended in 2023, has been finalized and will be published soon, although he did not specify a date. “This regulation is already finalized. It is currently under review by the legal department of Semarnat,” he indicated.
One of the aspects regulated by this instrument relates to the requirements for closure and post-closure of a mining operation. The official explained that the idea is that, during the exploitation phase, mine restoration programs will be 100% the responsibility of Semarnat, as will the environmental focus of closure plans.
On this topic, Vázquez stated that, “If an environmental regulation for mining is issued, the Mining Law regulations should necessarily have been issued first. The environmental issue is derived from and incidental to mining, since without mining there is no environmental impact.”
BNamericas learned from two industry sources, who requested anonymity, that the mining regulations are expected to be published in September, and a draft of them has even been circulated. BNamericas was unable to independently confirm the existence of the document.
Regarding the issue of closures, Vázquez noted that all Environmental Impact Statements (EISs) have a section erroneously titled “Closure and Abandonment,” which includes environmental restoration and remediation at the end of the operation.
“These conditions will very likely change, and in that sense, the current EIAs will need to be adjusted, which is a potential problem especially in terms of foreign investment,” he said. “These companies are the ones that must be closely monitoring this issue in the environmental reform and the aforementioned regulations.”
The lawyer added that Pérez’s statements reflect that authorities consider the reform to the Mining Law to be final, although two unconstitutionality lawsuits remain against it in the Supreme Court.
For her part, the official assured that the regulatory initiatives promoted by Semarnat would not only apply to new projects or those about to begin operations, but also to existing ones. “Of course, we would always seek to ensure that the transition or application provides adequate space to comply with these initiatives,” she said.
Pérez insisted that the changes seek to balance environmental protection with the sector’s operating conditions. “It doesn’t work for us to fill them with regulatory instruments, and these will be unattainable, right? It’s important to achieve that balance.”
Finally, the Semarnat representative called on the sector to submit comments through Camimex: “I think this would be a good time for you to express these concerns regarding the processes we are currently modifying.”
Regarding environmental authorizations, the official reiterated that work is being done to expedite response times:
“We are working closely with the Ministry of Economy to expedite many of the pending procedures. The intention is that through Semarnat’s initiatives, we can ensure an optimal response time for all of you, whether favorable or unfavorable, but so that you know the status of the procedures,” Pérez said.
(The original version of this content was written in Spanish)