📋 Tender Overview
The Ministry of Energy and Mines (MINEM) modified the regulation for the closure of mines through Supreme Decree No. 006-2025-EM, published in the Official Gazette El Peruano, which introduces and adapts the modifications made by Law No. 31347 to Law No. 28090 that must be complied with holders that carry out mining activity in our country.
Among the main modifications made include the strengthening of inter -institutional coordination between the General Directorate of Mining Environmental Affairs (DGAAM), the General Directorate of Mining (DGM) of the MINEM, the Environmental Evaluation and Control Agency (OEFA) and the Supervisory Agency for Energy and Mining Investment (Osinergmin), in order to clarify competences and improve the management of the closing of mines.
Likewise, the standard allows to implement financial guarantees for main components of the progressive closure, within a maximum period of three years, counted as of March 20, 2025. In addition, the mining holder must constitute additional guarantees to meet the progressive closure of the non -guaranteed components and/or to cover the cost of the measures issued by the Environmental Supervision Entity, in order to prevent and/or correct risks and negative effects on health, safety and environment
Regarding the detailed engineering, this may be presented by the mining holder a year before the closure of the component, so that it is verified by the competent inspection entity.
The standard empowers the OEFA and sector authorities to adopt immediate measures to environmental risks or abandonment, and establishes the adoption of stricter actions in case of breaches, including, forced access to the mining unit in 10 days in case of non -compliance with the mines closing plan. Additionally, the breach of the provisions of the standard empowers to adopt the imposition of servitude to execute final closure and postcierre measures, in addition to the disqualification for 5 years for holders responsible for abandonment or breach that causes real damage to the environment.
Upcoming Minem actions
As part of the tasks, the Minem must approve within 180 business days, that is, until December 10, 2025, the following:
- Content of the mines closing plans and semiannual reports, with a favorable opinion of the Ministry of Environment.
- Methodological guide for budgets and cost analysis of mines
In this way, the MINEM reinforces its commitment to a closure of mines with greater transparency and control, guaranteeing greater environmental, social and population protection, as well as legal certainty for the mining sector and confidence for responsible investment.
