Reform of the Mining Patent Regime
A new bill amends the Mining Code and Laws No. 21,420 and No. 21,649, revising the current mining rights regime.
By Message No. 039-374 of May 18, 2026, the Administration submitted a bill (the “Bill”) to Congress that amends the Mining Code and Laws No. 21,420 (Tax amendment Act) and No. 21,649 (Mining Code Reform Act), with the aim of adjusting the current mining protection regime regarding mining concessions.
The amendments are based on the adverse effects observed following the reform introduced by both Laws No. 21,420 and No. 21,649, particularly in relation to:
- The increase in the value of mining fees.
- Its progressivity in cases of inactivity of the concession.
Main Pillars of the Bill
- Changes to the legal framework governing mining exploitation concessions (new dual mining fee system).
- Expansion of grounds for accessing a reduced mining fee for exploitation concessions.
- Repeal of Article 142 ter (500-hectare benefit), with a transitional regime.
- Other amendments: hydrocarbons, boundary markers and survey (mensura), entry into force, and regulations.
Mining Protection Regime for Exploitation Concessions
Elimination of the Progressive Mining Fee and New Dual Scheme
The Bill eliminates the progressive mining fee system based on the age of the exploitation concession (which ranged from 0.4 to 12 UTM/ha) and replaces it with a fixed amount under a dual scheme:
Exploitation Concessions with No Activity
Fixed mining fee of 0.4 UTM per hectare.
Exploitation Concessions with Activity or Meeting Reduction Requirements
Reduced mining fee of 0.1 UTM per hectare, applicable to those exploitation concessions that demonstrate activity or meet the requirements of the new Article 142 bis.
Purpose of the Reform
Protection through the payment of mining fee system persists but reoriented toward facilitating compliance and recognizing the different stages of mining development, rather than penalizing inactivity with progressive charges.
Expansion of Grounds for Reduced Mining Fee
New Scenarios under Article 142 bis
The Bill expands the grounds for accessing the reduced exploitation mining fee of 0.1 UTM/ha, incorporating verifiable milestones and more objective criteria:
- Permits and Proceedings before Sernageomin
Exploitation concessions included in a mining development project whose holder has obtained (or has filed) any permit or form accepted for processing before Sernageomin, a sworn declaration submitted to that agency, or an alternative enabling technique as established in Law No. 21,770 (Sectorial Authorizations Act).
- Environmental Review Process (SEIA / ECA)
Exploitation concessions included in a project that has obtained a favorable Environmental Qualification Resolution (“RCA”) or has been accepted for processing in the SEIA. The reduction remains in effect as long as the RCA is valid or while the project is under review.
- Submission of Geological Information (Art. 21 of the Mining Code)
Exploitation concessions for which geological information has been submitted, duly certified by the agency. Unlike the other grounds, this benefit applies only during two consecutive payment periods of the mining fee.
Current Regime vs. Bill:
Comparative Table of Main Amendments
| Matter | Current Regime | Bill |
| General structure of protection (exploitation) | Indirect protection based on mining fee payment; penalizes inactivity with higher charges. | Protection through the payment of mining fees is retained; reoriented to facilitate compliance and recognize stages of mining development. |
| Base mining fee (exploitation) | 0.1 UTM/ha with activity or requirements of Art. 142 bis. | 0.1 UTM/ha is maintained, with broader and better-defined access. |
| Mining fee for inactivity (exploitation) | Progressive system based on concession age (0.4 to 12 UTM/ha). | Flat rate of 0.4 UTM/ha; progressivity is eliminated. |
| Access to reduced mining fee (exploitation) | Restricted to limited scenarios with unclear criteria in practice. | Grounds are expanded: projects under development, pending permits, environmental review, and geological information. |
| Small Miner Benefit (exploitation) | Special reduction for concessions ≤ 500 ha (Art. 142 ter). | Special benefit is eliminated; general expanded rules apply, except for transitional rights already acquired. |
| Determination of mining activity (exploitation) | Lack of regulatory clarity; disparate criteria in practice. | More objective criteria: permits, RCA, geological information. |
| Hydrocarbons | Reporting to the Ministry of Mining. | Jurisdiction transferred to the Ministry of Energy. |
| Boundary markers and surveying | Rules repealed by Law No. 21,420. | Regulation reinstated to ensure technical and legal certainty. |
Other Amendments and Entry into Force
Repeal of Art. 142 ter (500-Hectare Benefit)
Article 142 ter is expressly repealed. That provision granted holders of mining claims that collectively did not exceed 500 hectares a presumption of mining fee reduction for 5 years. A transitional regime is established: holders already protected who meet the requirements of the second transitory article of Law No. 21,649 will retain the benefit for the period set forth therein.
Competent Ministry for Hydrocarbons
The reference to the Ministry of Mining is replaced by the Ministry of Energy as the entity to which the presence of liquid or gaseous hydrocarbons in mining concessions must be reported.
Boundary Markers and Surveying (Arts. 118 and 119)
The validity of Articles 118 and 119 of the Mining Code is reinstated, which regulates the obligations for the conservation and replacement of boundary markers of mining concessions. These articles have been repealed by Law No. 21,420.
Entry into Force and Regulatory Adjustment
The amendments take effect upon publication in the Official Gazette, except for the new mining fee under Art. 142 bis, which will enter into force within 1 year of publication. The Mining Code Regulations must be updated within 6 months of the statute’s publication.
