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Only_one contestant_so far_in 4th_Annual CORFO_Lithium Beauty_Pageant
https://www-redimin-cl.translate.goog/ey-el-pais-debe-avanzar-a-paso-acelerado-en-el-fomento-de-la-industria-del-litio/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp as the entire Beauty Pageant contest is now pushed back to August 2023.
The first 3 Annual CORFO Lithium Beauty Pageants failed miserably as you will recall when Posco-Samsung, Fulin and Molymet withdrew giving up their beauty pageant crowns politely telling CORFO to gofockthemselves.
2017 https://www.bnamericas.com/en/news/miningandmetals/corfo-receives-proposals-from-6-companies-to-develop-the-lithium-industry/
2020 https://investchile.gob.cl/wp-content/uploads/2019/05/litio-2019-v1.pdf?_ga=2.267481805.273346667.1556826702-1886274912.1555091731
This whole CORFO pretense at lithium inclusion for Chile is nothing more than a sad warped worn-out charade to shield "golden-gooses-laying-fat-golden-eggs-full-of-pork/payoffs" Whitey monopolists SQM & Albemarle from honest new fair free-market competition inside Chile... and CORFO has been indeed somewhat fairly successful since 2017 bamboozling this Chilean government into thinking they are "receptive" to legitimate competition but his next Beauty Pageant flop could finally be their long-overdue undoing.
Here's hoping these flimflam scalping con artists get theirasses good and roasted this time.
The Doctor
No_good deed_goes unpunished_in Chile._The only_thing anti-mining
Minister Marcela Hernando has done to help the mining industry (including us junior miners buying/building something) in her first year of office is support the new Law 21,420 bill to delay an immediate elimination of some favorable depreciation schedules in the Chilean tax laws helping us write-off more upfront costs through accelerated depreciation which would be beneficial to us at NewCo (or whatever ourfocking name is eventually going to be) and then only if we could even get off our deadass and build something https://investorshub.advfn.com/boards/read_msg.aspx?message_id=170872054
But true to form, the beaner leftists/commies "more left" than Marcela are now going to legislatively move to gut Law 21,420 in typical Chilean clusterfocking form https://www.portalminero.com/wp/despachan-proyecto-que-posterga-el-pago-de-concesiones-mineras-de-exploracion-y-explotacion/ to try and overnight-enrich their "communista team" off the backs of established hard-working capitalists slowly fighting/trying in years past to increase Chile GDP (Gross Domestic Product).
Contrary to what current LPIbullsheet artist mho25 is saying on LPI-HotCopper Sunday morning https://hotcopper.com.au/threads/lpi-the-next-lithium-producer-in-chile.6650218/page-2348?post_id=65821494
this Ministry of Mining other than supporting semi-helpful Law 21,420 has done absolutely zero to help any lithium miner in Chile directly or indirectly and any mention of rolling back or squashing any tenders (including any convoluted collateral damaging tenders) to help LPI is a total unsubstantiated baldfaced lie pulled out ofhisass in order to support the recent hilariouslyfaggotty gooey poem pumper OzBandit justejaculatedup all over LPI-HotCopper https://hotcopper.com.au/threads/lpi-the-next-lithium-producer-in-chile.6650218/page-2345?post_id=65818717 this weekend.
The Doctor
Dear tone-deaf LPI-HotCopperites, listen_to your_bingbing
https://hotcopper.com.au/threads/lpi-the-next-lithium-producer-in-chile.6650218/page-2342?post_id=65814992
The Doctor
Dear_LPI, you_shafted Bearing_Shareholders. You_have only_one priority
now and that it is to get those LPI shares into the hands of your newest/closest ally, Bearing shareholders. Nothing else matters. You ozzies need to accomplish this one simple basic singular task in order to restore your credibility as a real legitimate lithium business and repair the damage you have inflicted on the defenseless Bearing shareholders. Any other work or "pass the buck" excuses that the transfer agent dropped the ball is totalfockinghorsesheet. It is time you Australians pick up the mantle of leadership and lead this company out of this deadlocked pileofshit you have gotten us all into.
The Doctor
Russia_will not_get a_toehold in_Bolivia to_take over_Chile. CATL wins
the long term contract to mine Bolivia's lithium beating out USA, Russia, German and other Chinese firms.
https://www.nasdaq.com/articles/bolivia-taps-chinese-battery-giant-catl-to-help-develop-lithium-riches
Dear Mommy's Boy Gabby Boric, you just dodged a hugefocking bullet you little wiener pissant. If Russia (ie Putin) would have set up shop in Bolivia then you would have lost all the Chilean Atacama lithium within 2-3 years (note: only 2 years if Trump wins in 2024)... now it will take 5-6 years once the Chinese gear up properly (and only then if the Democrats can win again in 2024 in the USA).
The Doctor
You_would think_LPI would bend_over backwards_to help brother_Bearing
shareholders get their "lost" LPI exchange shares, but no... these ozzies couldn't even give twoshits about Bearing shareholders.
The new LPI motto isFock Bearing, our management in Australia is too busy doing other things, but when you ask any LPI shareholder what WTF LPI management is actually doing today?... well, nobody has anyfocking idea other than the CEO is still offline on Christmas holiday.
The Doctor
Dear_Dangero &_Mho25, no_one is_touching LPI_because you_ozzies
are MFersfocking us at Bearing on our LPI shares. No investor in his right mind wants to touch you double-crossingpricks with a 10 foot pole if this is the way you treat friendly JV partners.
https://hotcopper.com.au/threads/lpi-the-next-lithium-producer-in-chile.6650218/page-2335?get_post=true&direction=previous
https://hotcopper.com.au/threads/lpi-the-next-lithium-producer-in-chile.6650218/page-2336?get_post=true
Cheers,
The Doctor
'Fock_Bearing' is_now the_new LPI_mantra
Dear LPI, someday soon you are going want to sell Maricunga and our price to sign off our ownership rights will double (3 months) or triple (3-9 months) depending on how long you screw us.
The Doctor
It's_time to_file liens_on the_Maricunga project...thank god_the
revised constitution rewrite in Chile failed last September and lien rights are still recognizable under the Pinochet era constitution.
The Doctor
I_smell an_embezzlement or_two coming...do you?
Bearing_shareholder posts_on LPI-Hotcopper... which_will surely be_deleted
by the LPI-HC moderator since no one on that ozzie toy message board wants to hear the truth on how LPI isfocking us Bearing shareholders
https://hotcopper.com.au/threads/lpi-shares-from-consolidation.7186996/?post_id=65784658
We will reprint this post herein also to preserve its contents:
I am a US Investor in Bearing. I have been invested since the days of LI3. Just letting you all know that us Bearing folks have not been issued any LPI shares and have had all of our funds frozen for a month now. More frustrating is that we have not received a peep from LPI on what is taking so long, not a single word and LPI does not respond to contact inquiries.
If anyone has insight to the process on this please share it with us.
Regards. ecopools2009
Posted 20/01/23
02:28
Post #: 65784658
Best_update on_LPI so far_from LPI-HotCopper
https://hotcopper.com.au/threads/lpi-the-next-lithium-producer-in-chile.6650218/page-2329?get_post=true
This update on LPI-HotCopper will get deleted by the message board moderator within 24 hours for being entirely accurate so we will reprint here to preserve the contents:
... or there is option C which is we get dragged on forever and management gets free salary forever. This is why we must understand what management are up to and what is their plan. We shouldn’t be speculating for years and forever.
by Hahahaha
The Doctor
It's_been one_month these_LPI MFers_have frozen_our Bearing_money
locking us out of our shares/treasure in Maricunga. I told every Bearing shareholder in 2022 to reject this half-baked consolidation with these incompetent ozzie morons for this exact reason we are suffering now... these halfwit ozzies are incapable of performing even the simplest of normal business transactions like a basic stock merger much less they have been totally incapable of getting a fully permitted "shovel ready" project up and running in Chile over the last 6 years or explore a supposed top tier lithium mine in the western Australia over the last 5 years. We are dealing with totaldipshitsin Australia and it is time for our Bearing management to get the lawyers involved to get our Bearing shares back for us shareholders re-registered on America & Canada exchanges and forget about consolidating with these rejects/pea-brains.
The Doctor
Bearing_shareholders double-crossed stabbed_in the_back.
We still don't have our LPI shares in exchange for our Bearing shares we gave to the Australians.
My broker says there is still no transfer agent on record handling the "swing" of new LPI shares into American/Canadian Bearing shareholders' accounts, and in fact the "DOA" temporary placeholder number has been withdrawn and replaced by the original CUSIP number for our BLILP Bearing shares to insure the American brokers "hopefully" don't lose the tenuous digital tracking barely still available on the original Bearing shares which are now untradeable. No information agent is appointed by LPI to courteously answer broker questions and no directions or timetable from LPI has been sent to North American brokers.
If this is the way 6 year old JV partners get treated by LPI then imagine how they would treat a future SIMCO or SQM or Tianqi or BYD JV partner?
We're all just gullible saps in the eyes of these conniving ozzies looking for a dirty quick buck. All Bearing shareholders better start praying we get our shares back in 3 years (before the the next presidential election hopefully putting the semi-allied fascists/right-wing back in power in Chile) and that our shares are simply not being outright stolen from us.
What is really galling is that we Bearing shareholders didn't even get a thank you note or a kiss from the ozzies after they porked us red in theasson this latest screwing from them.
The Doctor
Dear_BYD, CATL,_Ganfeng, GM,_Ford... are_you wondering how_LPI
will treat you if you cut a deal with these ozzies? Well, just look at Bearing. We were their loving JV partners... they took our shares (ie our money, treasure) and in return gave usshit... nothing... nada... zero back which you will most likely also suffer likewise after you've listened to a few dozen mouthfuls of ear-throbbing gobbledygook mush from their retarded/crippled CFO.
You can expect the same treatment... it's their SOP.
The Doctor
Funact,_this whole_Maricungashitfest_stinks to_high heaven_now
and many are betting that some of the Vancouver insiders were "in" on it. This whole fiasco designed in hell is so disheartening. I used to think it could never get worse for us after Jeremy Poirier's screwing to us... but I was wrong... it's getting a lot worse fast.
The Doctor
Funact,_for now_we need_to warn the_world that_if you_invest with_LPI
you will get royally screwed. My guess is that perhaps eventually Posco will bring a class action suit against the ozzies and we will be contacted to join the suit to try and get our money back from Australia. I tried to tell everyone to vote NO on this consolidation because I sensed our money was going to be held hostage by these weasel slimeballs for at least 3 years until the 2026 election in Chile at best but no one listened. For now we are thoroughly screwed. We can't even sell these crap shares now for a tax write-off to offset gains we had in other mining companies. We are getting the typical ozziefocking again.
The Doctor
Jan_19 LPI_will have_had Bearing_shareholders_locked out_of our_money
for one full month. On December 19 the trading HALT began in Bearing shares... LPI has successfully had our shares frozen into dead money (dead to us, but not them) since December 19 and by refusing to issue our new LPI shares these unscrupulous ozzies have virtually absconded with our money to fatten up their own wallet.
Is it any wonder that no one in the entire lithium industry talks to or trusts these ozzie con men... ie con children? They can't follow through on anything even the most simple of tasks.
The Doctor
LPI_selects non-English speaker_to deliver new_update
Funact,_this obvious refusal_by LPI_to convert our_Bearing shares into_LPI
shares is very upsetting, unprofessional and a very bad sign... a company that can not execute simple daily business transactions such as this is the first "concrete" proof of a company in serious financial trouble (eg., as transfer agents refuse to comply with malfeasance/deliberate-omissions/deceit/improprieties).
My growing fear is this latest painful screwing of Bearing shareholders (by sucking out our cash/treasure to possibly prop-up some previously "buried" hushed-hushed failing or an un-financed dog & pony "promo show" of deception in perhaps Western Australia using our equity as collateral) is a sign the new Australian company is fixing to sacrifice us beaners/Canadians just before they go belly up with us serving as the first dish in what might be a 3-course catastrophe as all the rest of the uglyfock-ups now start getting squeezed out of the woodwork under stress.
The Doctor
We_should have_gotten our_CAPEX loan_from the US_government
https://www.reuters.com/business/autos-transportation/us-offers-700-million-loan-ev-battery-material-project-2023-01-13/
and/or https://www.mining.com/web/biden-backs-nevada-lithium-mine-with-700-million-loan-offer/
The US Department of Energy is just dying to fund lithium projects.
Nobody on earth would have daredfock with us if Uncle Sam was invested in our Maricunga operation.
The Doctor
Ragheads_freaking out_they won't_get decent_share of copper/lithium/rare-earth
minerals https://ca.finance.yahoo.com/news/mining-ministers-more-60-countries-211300581.html
Dear Ragheads, sorry... you need to get in line behind penny-pinching totally-incapable-of-any-meaningful-action India who are crying for the 56th time in the last 8 years that they should be first (ie ahead of you Arabs) in getting a large share of the copper, lithium and rare-earth minerals based on their huge disgusting over-polluting population of useless bobbleheads https://www.mining.com/web/indias-foray-into-the-ev-battery-market-lacks-some-key-ingredients/
The Doctor
Codelco_copper shipment_valued at_US$4,400,000 stolen
https://www.latercera.com/pulso/noticia/roban-cargamento-de-cobre-de-codelco-por-unos-us44-millones-en-el-puerto-de-san-antonio/XFHIVDRZMJH6TL5BRTKAYO3HI4/
Dear Codelco, "They" are stealing you blind... and you have no focking clue what is going on under your own nose. You are totally eternally lost.
The Doctor
PS, Dear Codelco, fire all your men workers and replace them with Anti-Mining Minister Marcela Hernando's freshly certified queers/lesbos/dykes... that will fix the problem.
Ha-ha-ha... riiiiigggghhhhttttt.
Climber18,_my broker_has also_reinstated my_Bearing shares,_it looks like
the consolidation with LPI is not going through and we are being given back our Bearing shares.
Well, that's OK with me... I hated the idea of being a LPI shareholder anyway and being under the rule of those ozzie nitwits.
In the next Bearing shareholders meeting I am putting a motion on the table to replace our Top Dog... we can't have a CEO that has never been to Chile and sits in his swimming pool at home all day long with his thumb up hisass.
The Doctor
If_BYD and_Groupo Errázuriz_can use_the new_legal precedents_set
in the January 5, 2023 Copiapo Appellate Court decision (in English) https://investorshub.advfn.com/boards/read_msg.aspx?message_id=170907669 in their upcoming TC (Tribunal Court) lawsuit to have their 80,000mt LCE Lithium Tender Export Quota Licenses reinstated by now successfully arguing "offsite injuns" have no power to terminate/delay/nullify/enjoin government sanctioned public lithium tenders... then we are off to the races amigos. We could double in SP overnight if BYD and/or SIMCO become our new partners bringing their new fat booty to our project.
The Doctor
First_2023 Update_from Russell_Barwick at_LPI
https://newsfet-com.translate.goog/russell-barwick-de-lithium-power-international-i-am-convinced-that-the-opportunity-for-lithium-is-today-now-and-in-the-next-eight-or-ten-years-diario-financiello/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
Regarding Russell Barwick, Click here
Dear Russell, thanks for the update.
The Doctor
Ooops,_too many_women in_Codelco...Congress_wants to know_WTF
is going on inside Codelco and why copper production is dropping throughtheshitter, plus the Lower Chamber Deputies wants to know why Codelco has completelyfocked up the entire lithium exploration program in Maricunga (with no lame/limpdick excuses on how chilly it is in Maricunga now) https://www-subelaradio-cl.translate.goog/2023/01/07/mulet-concito-el-apoyo-de-52-parlamentarios-para-sesion-especial-por-crisis-de-codelco/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
Codelco President Máximo Pacheco has until early next week to come up with answers to the questions by 52 parliamentarians on why Codelco is turning into a giant dumpster fire.
The Doctor
PS, Dear Máximo Pacheco, fire all the men working at Codelco and hire the remaining lesbians/dykes from Marcela Hernando's leftist/commie ballbusters team.
Update_on Groupo_Errázuriz's letter_to Ministry_of Mining_re:CodelcoCEOL
Francisco Javier Errázuriz is now also arguing that the Ministry of Mining can not in good faith or legally be the arbitrator (or interpreter) on any facet of the 5-year old Codelco CEOL in Maricunga https://www-redimin-cl.translate.goog/salar-de-maricunga-grupo-errazuriz-acusa-incumplimientos-de-codelco-en-incursion-en-litio-y-acude-al-ministerio-de-mineria/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
When reading this dialogue you must always remember that Salar de Maricunga SpA is a subsidiary of Codelco and not in any way associated with NewCo/LPI.
Francisco Javier Errázuriz (representing his company Cominor) further writes:
"Codelco claims that the Ministry of Mining, through a simple administrative act, attributes jurisdictional powers, ignoring the duly constituted mining rights that are in force in the area, and a legitimate trust that my client has had regarding administrative actions. In particular, it is urged that the ministry ignore a legitimately acquired legal ownership and that today is threatened by a singular interpretation; ignoring not only the rights already acquired, but also the circumstance that this ministry does not have the competence to rule on the matter”
Francisco Javier Errázuriz is swooping in for a direct kill on the Codelco jugular vein... I love it.
Long live Francisco Javier Errázuriz!
The Doctor
PS, Dear Codelco, fire more men and quickly hire more of Marcela Hernando's lesbian/dykes as replacements.
Frivolous_nuisance Colla_(group-2) lawsuit_against_lithium miners squashed
by Copiapo Appellate Court https://www-maray-cl.translate.goog/corte-de-copiapo-rechaza-recurso-de-proteccion-por-resoluciones-que-autorizan-explotacion-de-litio/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp January 5, 2023 possibly having future impact on similar lawsuits brought by gimme-gimme injuns to extort/blackmail legal lithium mining operations outside the sacred-bullsheet hunting/livestock-grazing/copulating/praying grounds all these phony actor Russian Inuit/Eskimo descendants claim they should be controlling (ie lording over) in Chile.
We at NewCo (LPI) Maricunga and our friendly Colla group-1 locals have previously smoked the peace pipe and are kosher on our mutually-agreed financial payoff royalty deal (to the locals) affecting our Stage 1 & 2 mining operations. As such we were not involved in Mrs Ercilia Ernestina Araya Altamirano (and Colla group 2 injuns) lawsuit against Salar de Maricunga SpA owned by Codelco who is victorious in this lawsuit and now eligible for financial damages from Mrs Ercilia who we are hoping next has herass nailed to the wall by Codelco.
This far-reaching appellate court decision is going to be used for reference in future junior lithium miner court cases and will almost assuredly be called up in the possible upcoming BYD & Grupo_Errázuriz lawsuits to have their 80,000mt LCE export quota licenses reinstated. This legal decision also gives validity to the Salar Blanco (Martin Borda) & SIMCO claims of additional/redundant legal precedence to mine lithium in Maricunga free from CEOL BS restrictions which in itself is happily kinda' golden for us.
The full English version of the appellate court decision follows below.
The Doctor
---------------------------
Appellate Court of Copiapó
Copiapó, January fifth, two thousand twenty-three (January 5, 2023).
IN VIEW OF:
On page 1, on October 29, two thousand twenty-two,
Mrs. Ercilia Ernestina Araya Altamirano, farmer and breeder, appeared on her own behalf and on behalf of the Colla Pai Ote Indigenous Community, legally registered with current legal status under No. 59 in the Registry of Indigenous Communities and Associations of the National Corporation for Indigenous Development, both domiciled for these purposes at
___21 de Mayo Street No. 5285,
___Copiapó,
___Atacama Region, Chile
and filed an appeal for protection against the Ministry of Mining, legally represented by Mrs. Marcela Hernando Pérez, by Minister Marcela Hernando Pérez, both domiciled at
___21 de Mayo Street No. 5285,
___Copiapó City,
___Atacama Region
and filed an appeal for protection against the Ministry of Mining, legally represented by Mrs. Marcela Hernando Pérez, by Minister Marcela Hernando Pérez, both domiciled at
___232 Amunátegui Street, 15th, 16th & 17th floors,
___Santiago, Chile
for the issuance of Resolution No. 2, of March 9, 2018, which "Approves the special operation contract (CEOL) for the exploration, exploitation and benefit of lithium deposits in the Salar de Maricunga, located in the Atacama region, subscribed between the State of Chile and the company Salar de Maricunga SpA" (editorial note: Salar de Maricunga SpA is a subsidiary of Codelco); and, by the issuance of Exempt Resolution No. 2.941, dated June 19, 2019, which "Approves the special contract for the operation of lithium deposits in the Salar de Maricunga and its surroundings, signed between the State of Chile and Sociedad Salar de Maricunga SpA, modifications that it indicates, and annexes", as such actions, which are qualified as illegal and arbitrary, violate the right to equality before the law enshrined in Article 19 No. 2 of the Political Constitution of the Republic.
In this regard, and preliminarily, she notes that the members of the community are mostly engaged in livestock and agriculture, selling their products. Most of them are breeders, ie people who produce goat cheese and other products, as well as transhumance (cattle driving) livestock, for whom water is not only a resource, but also something sacred, just like the land.
It adds that the community has real and effective territorial roots in the Atacama Region, and in particular in the Salar de Maricunga, as established in the study "Informe de ocupación territorial de la Comunidad Indígena Colla Pai Ote, Región de Atacama, to justify the application.
The document transcribed in the appeal refers in detail to the territory occupied by the Colla Pai Ote Community in economic and productive
activities, and in the permanent and temporary settlement. Then, she points out that on September 29 of this year, counselor Ariel León sent the plaintiff a WhatsApp audio message in which she indicated that she had something very important to talk about and together with a photograph of a brief from the State Defense Council, filed in the case filed in this Court under number 1036-2022.
She adds that later Ariel León informed her that the lawyer Hugo Castro Charles had called her to ask the Pai Ote community to participate in a lawsuit that she had initiated for the so-called "lithium bidding", taking part in it.
She claims that her advisor informs her that she was only able to read the file during the morning of September 29, and that the respective recourse for protection had been filed by the Colla Tata Inti Community of the town of Los Loros against the Ministry of Mining, for a special lithium operation contract (CEOL), by virtue of which Codelco created a public company subsidiary of the same, in charge of the exploration and exploitation of lithium in the Salar de Maricunga, called SpA Maricunga, which until that moment it was unaware of.
Having specified the above, it refers that all the clauses of the challenged resolutions affect them, highlighting the second, according to which the purpose of the contract is to authorize the contractor to develop exclusively all kinds of activities and exploration work, exploitation and benefit operations on the lithium substances located in the so-called "CEOL Area"; the third, referring to the term of the contract, with respect to which it is highlighted that the contract will come into effect on the Effective Date and will be extended until December thirty-first, two thousand fifty-seven (December 31, 2057) ; the fourth, fifth and sixth, referring to the CEOL Exploitation Area, the Project Exploitation Area and the Salar de Maricunga Area, respectively.
Thus, she argues, the lithium industry is intended to be developed in a sacred place for the community and its members, where very valuable and
important ancient ceremonies are held, where salt is located and used for purification and also for cattle to eat in order to get rid of parasites such as
yuta; and it is also a place where there are registered and proven transhumance (cattle driving) routes.
In this way, she indicates, there are environmental effects that must be consulted, but above all, and prior to the environmental aspect, other
different consultations are necessary due to the impact on the development priorities of the Pai Ote Community, as well as on our way of life, economic perspectives and other non-environmental effects, since the activities that we carry out in the territory will be profoundly affected if the resolutions in question are executed without due indigenous consultation.
She specifies that although at one time they were strongly opposed to any mining project, today they have taken a strategic position, after having
been persecuted by some companies. Continuously, it states that the appellant community did not become a party in the process corresponding to the appeal for protection role 1036-22 of this Court, so as not to be left with a secondary or accessory role as happened in a similar case, corresponding to role 25.142-2018 of the Supreme Court, in which it became a party as an intervener third party.
In addition, and on this same topic, she refers that the Colla Pai Ote Community is serious and respectful, so it would not file lawsuits covering the territory of other communities. She then states that the constitutional guarantee threatened, restricted and violated is equality before the law, recognized in Article 19 N° 2 of the Political Constitution of the Republic, with respect to which she points out that the disregard of the specificity of indigenous rights prevents effective equality, that is, that those who are equal are treated as equals and those who are different are treated as different.
Thus, indigenous rights have different standards of application to the indigenous peoples that make them up, so that the non-application of these special standards violates the right to equality before the law, as this denies that difference, and assimilates indigenous peoples and individuals into society, causing the cultural extinction of indigenous peoples.
It then points out that indigenous consultation is a mechanism motivated precisely by the right to equality, as a measure of positive discrimination, constituting a mechanism that implies reestablishing the equality that indigenous peoples materially lack.
For its part, it emphasizes that the legal duty of the State to consult with indigenous peoples when processing legislative and/or administrative
norms that affect them is an obligation recognized in Article 6 N° 1 of ILO (International Labour Organization) Convention N° 169, consultation that must be carried out in good faith, in a manner appropriate to the circumstances, through representative institutions and must be carried out with the aim of reaching an agreement or achieving the consent of the indigenous peoples regarding the appropriate measures.
It goes on to state that according to Article 7 No. 1 of ILO (International Labour Organization ) Convention No. 169, the peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to control, as far as possible, their own economic, social and cultural development.
She then clarifies that this consultation does not refer to the environmental effects of specific projects, but is prior, and is related to the effects of the resolutions in question on the way of life of the peoples due to the imposition of a mining development plan through the CEOL, with respect
to the rest of the non-indigenous people.
In cases in which the State retains ownership of mineral or subsoil resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures through which they shall consult the peoples concerned to determine whether and to what extent their interests
would be prejudiced before undertaking or authorizing any mining or extraction program, prospecting for or exploitation of resources existing on their lands. The peoples concerned shall, wherever possible, participate in the benefits derived from such activities, and shall receive fair compensation for any damage they may suffer as a result of such activities", a rule that is applicable in this case because lithium is State property and lithium prospecting or exploitation programs are authorized in the Salar de Maricunga.
Finally, in this regard, it relates that the institution of consultation with indigenous peoples is not a merely procedural matter and that its essential
requirements have been systematized and enriched by the jurisprudence of the supervisory bodies of the ILO (Geneva) and other authorized human
rights bodies, such as the Inter-American Court and the Special Rapporteur on the rights and freedoms of indigenous peoples, in the terms it develops.
Now, having specified the above, she points out that the illegality is determined by having omitted the right to indigenous consultation, in
circumstances that with the report prepared by the prominent geographer and post doctorate in Anthropology Raul Molina, and with the support of the Universidad Arturo Prat, it has become clear that the territory where the Salar de Maricunga is located is indigenous territory belonging to the Colla Pai Ote Indigenous Community, so the public bodies that issued the resolutions challenged in this appeal should have consulted the Colla Pai Ote Community on the matter as a first step.
In addition, the challenged resolutions suffer from nullity defects for having omitted prior consultation, which is a right of the native peoples,
declared in various articles of Convention 169, especially Articles 6, 7 and 15, already analyzed.
Then, regarding arbitrariness, it argues that the administrative processing and the issuance of these resolutions were not focused on the indigenous people who use and occupy the Salar de Maricunga, being known by the authorities involved, that the respective communities are normally settled in territories far from large cities, making the possibilities of connection by means of the following means very difficult technology such as cell phones and computers with internet, because there is no connectivity plan that includes these areas.
Thus, given the invasion of projects in their territory, and because handling a computer, connecting to the internet and being part of a webinar
meeting can be very complex, because their way of life is developed around the land and transhumance (cattle driving) not connected to a computer, a communication plan of public agencies with indigenous peoples is missing, because its absence contributes to the arbitrariness of the actions and omissions of the appellant.
Now, regarding the filing deadline, the community found out about the contested bids, due to the offer made by attorney Hugo Castro Charles,
transmitted to counsel Ariel León Bacian, to become a party to the 1036-2022 protection action. Ariel León read the file only on September 29, 2022, and on the same day she communicated by telephone with the plaintiff, explaining the implications and details of that arbitration. Thus, only on that day she learned of the challenged resolutions, so the appeal has been filed within the thirty-day term provided for in act number 94-2015, of the Supreme Court.
In addition, it should be noted that the members of the Pai Ote Indigenous Community mostly live in territories far from the city, settling in the sectors adjacent to the highlands, which is the place where they develop their way of life, so that the dissemination of information and the time it takes
them to learn the news, to decide what measures to take, and even the decision to sue, are much longer and different from the usual times
considered for the common citizens. This is why it is immensely necessary to consider the reality of the indigenous inhabitants of the territories in question, since the remoteness of their settlements, and for the rest of the communities and inhabitants of rural areas is the same and they must wait for the information to reach their territories, due to the distances, lack of connectivity of the area and lack of knowledge of some issues that must be handled thoroughly to understand what is proposed by the State, so the possibilities of the community members to be informed, definitely requires more time than ordinary and specific mechanisms that do have the reception due to the circumstances and the persons to be informed. She cites Gaspar Jenkins Peña y Lillo for this purpose. Universidad del Desarrollo, Chile. On the relaxation of the time limit for filing a writ of protection: Reflections from recent jurisprudence. Revista de Derecho Público No. 96 (2022). Pp. 21-41.
Likewise, it emphasizes that the challenged resolutions have a duration until the year 2057, according to the second clause of the CEOL, so that the violation of the right to equality before the law infringed upon the Pai Ote Community is continuous and permanent, so that the term does not expire, particularly if it is taken into account that we are not dealing with affectations of a patrimonial nature, but rather with aspects that relate to the effects on the way of life of an indigenous community protected by law and international treaties.
Then, it emphasizes the fact that the violation of the norm established for the execution of the indigenous consultation is not something new, but
rather it is a repetitive act that has been occurring for a long time, not only in the resolutions in question in this process, as has occurred in the cases it indicates.
Finally, she argues that, in accordance with the provisions of the Auto Agreement of the Honorable Supreme Court for the processing of the appeal of protection, this can be filed in the Court of Appeals of the place where the action or omission that is appealed has been committed, or in the Court of Appeals of the place where the action or omission has its effects; and, as the acts described have effects in the territory that is owned by indigenous ancestral and that includes the Salar de Maricunga, she concludes that This Court is competent to hear this appeal.
Thus, it requests that this appeal for protection be accepted, adopting the following measures:
1) Resolution No. 2 of March 9, 2018, of the Ministry of Mining, which "Approves the special operating contract for the exploration, exploitation and benefit of lithium deposits in the Salar de Maricunga, located in the Atacama region, signed between the State of Chile and the company
Salar de Maricunga SpA", and Exempt Resolution No. 2.941 of June 19, 2019, which "Approves the special contract for the operation of lithium
deposits in the Maricunga Salar, located in the Atacama region, signed between the State of Chile and the company Salar de Maricunga SpA".
Salar de Maricunga and its surroundings, signed between the State of Chile and the Company "Salar de Maricunga SpA", modifications indicated, and annexes";
2) To order the annulment of all resolutions, decrees, administrative acts and measures that depend on and are subsequent to the
aforementioned resolutions; 3) The respondent is ordered to have suitable mechanisms for communication, dissemination and permanent dialogue with the appellant in matters that affect it; 4) The respondent's actions and omissions are declared illegal and arbitrary for having omitted the indigenous consultation in the case in question. The following documents are attached: 1) Report of Territorial Occupation of the Colla Pai Ote Indigenous Community, Atacama Region, to justify the territorial request of the Pai Ote Community to the Ministry of National Assets and Conadi, made by Raúl Molina, Luis Pérez and Miguel Segovia; Arturo Prat University; 2) Copy of the challenged resolutions; and,
3) Certificate of validity of legal personality and Board of Directors of the Pai Ote Community. Subsequently, on page 9, on November 30, two thousand twenty-two, Mr. Willy Kracht Gajardo, Chilean, chemical civil engineer, Undersecretary of Mining, on behalf of the Ministry of Mining, with domicile at Amunátegui No. 232, 16th floor, commune and city of Santiago, appears and submits the report that was required of said entity, requesting the rejection of the appeal, according to the factual background and legal considerations set forth therein.
First, it states that the appeal is untimely because the appealed acts were the result of various stages or public policies prior to their issuance and that, after their complete processing, their content and/or existence was public knowledge, so it is not possible to establish that the appellant only became aware of them on September 29, 2022.
Thus, on January 12, 2022, the appellant filed an appeal for protection against the lithium bidding process carried out after the publication in the
Official Gazette of Supreme Decree No. 23 of 2021, issued by the Ministry of Mining, which established the requirements and conditions of the Special Operating Contract for the lithium production of the lithium mine, exploration, exploitation and benefit of lithium deposits that the State of Chile would subscribe in accordance with the bases of the public bidding that would be approved for such purposes.
In addition, the appeal claims that Compañía Minera Salares del Norte SpA (editorial note inserted: reference Francisco Javier Errázuriz and Lithium Tender Bid of US$60,000,000 for 80,000mt LCE export quota license) had initiated a consultation process before the Tribunal de Defensa de la Libre Competencia against the administrative act that had approved the public bidding conditions that had the purpose of bidding quotas for the extraction of marketable metallic lithium in the national territory. Moreover, it states, not only were they aware of the existence of the consultation, but also of its content, since they cite the main arguments that the mining company put forward to defend its position that the bidding conditions in question violated the legal regulation that protects free competition in the markets.
In addition, in the aforementioned appeal for protection No. 10-2022 of this Court, it was pointed out that two lithium extraction projects are
authorized in the Salar de Maricunga, belonging to the companies Salar Blanco (editorial note: reference Martin Borda) and SIMCO (editorial note: reference Grupo Errázuriz), adding that they have been the subject of national and international reports, whose sources are cited.
In the same appeal for protection, the appellant mentions press and opinion articles referring to the bidding process for lithium extraction quotas
that support its claims. For its part, it highlights that on October 24, 2014, Supreme Decree No. 60, 2014, of the Ministry of Mining was published in the Official Gazette, which created the Presidential Advisory Commission called "National Lithium Commission", a fact that was also disseminated by various media outlets. She then points out that the conclusions of the Commission's report and the National Lithium Policy and Governance of Salt Flats, launched as a result of the work of said body, were widely disseminated in various media at the end of January 2016.
She then states that in April 2017, the Ministry of Mining carried out its public account for the previous year, which, in addition, was widely disseminated by the media, highlighting among other measures, that the Company instructed the Ministry of Mining, together with Codelco, to
analyze a business model that would allow the use of the Maricunga and Pedernales salt flats through public-private partnerships.
It adds that the aforementioned public account mentions that the aforementioned company in January 20217 defined its business model,
initiating the search for a strategic partner for the development of lithium, being in process the constitution of a subsidiary that would be dedicated
exclusively to the exploration and subsequent exploitation of the mineral substance in the Salar de Maricunga.
Continuing, it points out that in compliance with the objectives of the aforementioned instruments, Supreme Decree No. 64, of 2017, was issued, which set the conditions and requirements of the special operating contract to be signed with the company Salar de Maricunga SpA to develop lithium exploration, exploitation and beneficial work in the Salar de Maricunga.
The decree established the geographic area associated with the special operating contract in the Salar de Maricunga and its surroundings;
and all the demands, requirements and conditions that the special operating contract would contain, without leaving any essential aspect out of it.
In effect, it established its term until December 31, 2057, the contractual or execution phases of the agreement, called exploration and prospecting, construction and exploitation and site closure phases, the supervision of the contract, the amount or volume of lithium production, the contractor's retribution to the State of Chile, the annual payment for research and development R&D, the grounds for early termination and, in general, the rights and obligations of each of the parties.
Thus, the decree contained all the aspects that the appellant alleges are the basis for justifying that the contract should be submitted, prior to its
execution, to the indigenous consultation process.
Next, it points out that the aforementioned Decree No. 64 of 2017 was published in the Official Gazette on March 1, 2018, the date from which it was 2018, in which Decree number 64 of 2017 is published in the Official Gazette;
2) March 9, 2018, when the CEOL is signed between the Ministry of Mining and "Salar de Maricunga SpA"; and,
3) March 2022: Date on which CODELCO and not its subsidiary "Salar de Maricunga SpA", starts drilling in the area of influence of the CEOL, on mining properties whose only current holder is CODELCO. Thus, they state, it is not plausible, if the area indicated corresponds to one in which the appellant community claims to carry out ancestral practices as part of its culture, that it was not aware of the beginning of the drilling work by CODELCO.
Furthermore, they state that it is not appropriate to confuse the acts of execution of the project or the omissions attributed to the appellee with its
alleged effects, as the appellant claims.
To understand it differently, they indicate, would go against the objective nature of the term established in the Agreed Order that regulates
the matter, a term that cannot be subject to the sole will of the parties, an aspect that is based on the necessary certainty and legal security in the
relations in question.
Thus, despite having been accepted for processing, they claim that the appeal should be declared out of time, in accordance with the criteria
contained in the judgment issued by the Supreme Court on December 30, 2008 in case Rol 6482-2008.
On the other hand, they argue that the remedy of protection is not the appropriate way to address the facts raised, because the measures that
would eventually be required to safeguard the allegedly threatened guarantees are within the competence of the organs of the State Administration and the specialized jurisdictional body, to which they add that in this case there are no undisputed and concrete rights that require protection in the framework of an agile and expeditious procedure such as the one in this case.
Next, they state that the CEOL does not generate any of the effects, characteristics or circumstances of Article 11 of Law No. 19,300, which give
rise to the need to prepare an Environmental Impact Study, since it is not an exploration or exploitation project per se.
The Company has not yet started the execution of the project, which is susceptible of being evaluated. In addition, given its characteristics, the CEOL does not contain the mining project to be executed, but this must be presented by the owner, submitting it to the corresponding environmental assessment. It is within this framework that the area of influence of the project will be delimited and, therefore, the potential direct impact on indigenous peoples and the need to carry out the corresponding indigenous consultation.
On the other hand, they argue that it is not possible, as the appellant does, to simply assimilate the eventual mining project under the CEOL with
the "Maricunga Salt Production" project, nor necessarily assume that any initiative carried out by the contractor company under the CEOL will generate the same impacts as in the aforementioned project. Indeed, it is perfectly possible that exploration is simply carried out
under the CEOL, and that lithium is not exploited because it is not economically viable.
Furthermore, it will be within the framework of the corresponding environmental assessment that the impacts that may be produced by the
eventual mining project to be executed under the CEOL must be determined, which is endorsed by the fact that the CEOL itself considers the existence of different administrative procedures necessary for its execution, among which express reference is made to environmental permits.
Consequently, the CEOL does not represent in itself an administrative act susceptible of affecting the indigenous community that requires the
realization of a prior indigenous consultation process.
The respondent continues by stating that in this case the essential requirements for the action for protection are not met, for the following
reasons:
1) The appeal is directed against an action that complies with the law, in which the appellant has not indicated the laws infringed by the challenged acts;
2) The action is directed against an action that complies with prudent and rational behavior, so there is no arbitrariness, since such action has been developed in compliance with all the laws and regulations of the country;
3) The action is directed against an action that is not arbitrary, since it has been developed in compliance with all the laws and regulations of the country;
4) The appellant has not indicated the laws infringed by the challenged acts;
5) The action is directed against an action that complies
with all the laws and regulations of the country.
3) The conduct of the respondent does not threaten in any degree the legitimate exercise of the right it claims to be affected; and,
4) For all of the above, there is no causal relationship.
Thus, in the petition part of the report, they request that the above considerations be taken into account and that the appeal for protection be
rejected in all its parts, with costs.
Accompanying their presentation are the following documents:
1) Resolution No. 2, dated March 9, 2018;
2) Exempt Resolution No. 2,941 of the June 19, 2019; and,
3) Decree number 64, of 2017.
Finally, the case was heard on December 21, and counsel Ángela Véliz Cuellar, representing the State Defense Council, and counsel Germán Pfeffer Urquiaga, representing Sociedad Salar de Maricunga SpA, a subsidiary of Corporación Nacional del Cobre de Chile-Codelco Chile, appeared to present arguments against the appeal.
WHEREAS:
1°) The recourse for protection is an action of a precautionary nature, whose objective is the adoption of measures of an urgent nature, tending to safeguard pre-existing constitutional rights or guarantees, violated by illegal or arbitrary acts or omissions.
In effect, the Supreme Court has pointed out that although by virtue of the conservative competence that the aforementioned arbitration confers, all the measures that are deemed appropriate may be adopted to grant due protection to those who have seen their constitutional rights under Article 20 of the Political Constitution of the Republic violated, the truth is that we cannot lose sight of the fact that this action constitutes an emergency
measure established to provide a prompt and effective remedy to the abuses suffered by the citizen in his constitutional rights as a result of an action or omission that is clearly illegal and/or arbitrary, a matter that justifies a quick jurisdictional intervention that sufficiently protects the threatened right, while the corresponding ordinary or special court is seized, granting effective protection to the appellants.
2°) In this order of ideas, in order to be viable, this constitutional action must comply with the requirements set forth in Article 20 of the Political Constitution of the Republic, as well as in the order issued by the Supreme Court regulating this matter. With regard to the specific issues relevant to the case under study, it is pertinent to refer to Article 1 of the aforementioned order, which establishes the term for the filing of this appeal, establishing the following:
"The recourse or action for protection shall be filed before the Court of
Appeals in whose jurisdiction the arbitrary or illegal act or omission was
committed or incurred that causes deprivation, disturbance or threat to the
legitimate exercise of the respective constitutional guarantees, or where
these have produced their effects, at the choice of the appellant, within a
period of thirty calendar days from the execution of the act or the occurrence of the omission or, depending on the nature of the same, from the time when news or certain knowledge of the same has been obtained, which shall be recorded in the case file".
3°) In accordance with the foregoing, it is a certain fact that the term to file the protection action is a fatal term of thirty calendar days counted from the execution of the act or the occurrence of the omission or, depending on the nature of the same, from the time that news or certain knowledge of the same has been obtained, which shall be recorded in the case file.
4°) In this order of ideas, it is important to take into consideration which are the acts issued by the Ministry of Mining that are being appealed, which according to the challenged action are the following:
* Resolution No. 2, dated March 9, 2018, which "Approves special operating contract for the exploration, exploitation and benefit of lithium
deposits in the Salar de Maricunga, located in the Atacama region, signed between the State of Chile and the company Salar de Maricunga SpA";
* Exempt Resolution No. 2,941 of June 19, 2019, which "Approves a special contract for the operation of lithium deposits in the Salar de
Maricunga and its surroundings, subscribed between the State of Chile and Sociedad Salar de Maricunga SpA, modifications indicated, and annexes".
5°) Then, since the action under study was filed on October 29, 2022, it is clear and certain that the thirty-day deadline established in the agreed order regulating the matter has been more than met, since 4 years, 7 months and 20 days have elapsed since the date of issuance of each of these acts, in the first case; and 3 years, 4 months and 10 days, in the second case.
Notwithstanding the foregoing, it is essential to take into account in this part that what the appellant stated in this regard in her constitutional libel, in which she stated the following:
"It is of the case that on September 29 of this year my advisor Ariel León sends me a WhatsApp audio message in which he indicates that he
has something very important to talk to me and jointly accompanies a photograph of a brief from the State Defense Council, in case Rol of this
same Ilma. Court of Appeals of Copiapó, Rol 1036-2022, indicating that the Tata Inti colla community of the Town of Los Loros, has no territorial
presence in the Salar de Maricunga, as follows: "Descriptive plan of the territorial claims of the aforementioned Community that locates them to the
south of the Tierra Amarilla Commune, not showing any contact with the Maricunga Salt Flat".
I could not answer him at that moment, but later I did, and Ariel León informed me that a couple of weeks ago the lawyer Hugo Castro Charles
had called him to ask the Pai Ote community to participate in a lawsuit that he had filed against another so-called "lithium bidding process" different from the one already annulled by the Supreme Court. He asked us to be part of it because it covered our territory. My advisor informed me that due to various jobs and occupations he was only able to read the file during the morning of September 29, and that the mentioned protection action (Rol 1036-2022, ICA Copiapó) had been filed by the Colla Tata Inti Community of the town of Los Loros against the Ministry of Mining, for a special lithium operation contract (CEOL), by virtue of which Codelco created a public company subsidiary of the same, in charge of the exploration and exploitation of the lithium, exploitation of lithium in the Salar de Maricunga, called SpA MARICUNGA.
As a community, we were totally unaware of this news and, as is reflected in the report filed in this case, as in environmental surveys before the Environmental Evaluation Service, we carry out an absolutely traditional Colla life in the interior of the commune of Copiapó, being the only colla community that carries out transhumance work, that we own around 2000 head of goats, sheep and mules, distributed in different parts of the territory according to the disposition and existence of pastures and watering places, Therefore, it is almost impossible for us to be aware of the Diario Financiero, El Mercurio, La Tercera and other specialized mining media, let alone the Diario Oficial, so that we can be required to have full knowledge of such specific news as the existence of a Special Operating Contract or the creation of a subsidiary of Codelco to explore and exploit lithium in the Salar de Maricunga".
6°) Thus, this Court declared the present constitutional action admissible, in the understanding that the appellant argued that it had only
become aware of the appealed acts on September 29, 2022.
However, during the processing of the present case, this Court was able to observe a situation different from the one expressed by the appellant, which, necessarily, makes it necessary to vary what was established ab initio in the admissibility stage.
7°) In effect, during the processing of the present case, the respondent and the third party intervener were aware that the appellant had full knowledge of the situations alleged long before what she indicated in her constitutional libel, since on January 12, 2022, filed before this same Court of Appeals of Copiapó an appeal for protection, Court Case No. 10-2022, which was joined to Court Case No. 9-2022, in which she also complained about a situation absolutely similar to the one that summons us in these proceedings.
On this point, it is sufficient to state for the record that the appellant in this appeal is "Mrs. ERCILIA ERNESTINA ARAYA ALTAMIRANO, national
identity card number 10.561.080-7, President of the INDIGENOUS COMMUNITY COLLA PAI OTE, legally registered with legal personality in
force under No. 59 in the Registry of Indigenous Communities and Associations of the National Corporation for Indigenous Development,
domiciled for these purposes at 21 de Mayo Street No. 5285, city of Copiapó, Atacama Region".
On the other hand, in relation to the claim, it was argued in said constitutional libel the following:
"... in favor of all those persons and Indigenous Communities that inhabit the territories in question, where there is lithium that can be exploited by virtue of the so-called lithium bidding and whose right to equality before the law is threatened, as established both in the domestic law in force and in international instruments.
The foregoing by virtue of the factual and legal background that will be set forth below and that, in short, have caused the appellants the violation and threat to the legitimate exercise of the Constitutional Guarantees established in Article 19 number 2 of the Political Constitution of the
Republic. These facts are related to the so-called Lithium Bidding, based on Decree 23 of the MINISTRY OF MINING, which ESTABLISHES
REQUIREMENTS AND CONDITIONS OF THE SPECIAL OPERATION CONTRACT FOR THE EXPLORATION, EXPLOITATION AND BENEFIT OF LITHIUM DEPOSITS THAT THE STATE OF CHILE WILL SUBSCRIBE, IN ACCORDANCE WITH THE BASIS OF THE NATIONAL AND
INTERNATIONAL PUBLIC BIDDING THAT IS APPROVED FOR THESE PURPOSES, dated July 27, 2021, and published in the Official Gazette on October 13, 2021, as well as the administrative acts that depend on it or that execute it, to the effect that SSI Ilma. of the order to annul such acts and the tender itself, for not having completed the indigenous consultation required by national and international law, according to the petition".
Finally, with respect to the destination of protection resources No. 9 - 2022 and No. 10-2022, it should be noted that the The appellant herself, Mrs. Ercilia Ernestina Araya Altamirano, on July 4, 2022, expressly withdrew the appeal for protection she had filed.
8°) As a conclusion of the foregoing, this Court of Appeals necessarily understands that the appellant at least since January 12, 2022, at the time of the filing of Protection Appeal No. 10-2022, had full knowledge of the acts now challenged in these proceedings.
Consequently, the situation previously described in the fifth ground must be understood as an accommodating and bad faith maneuver on the part of the appellant for the purpose of successfully circumventing the admissibility phase of the action filed, which, according to what has already been stated, was clearly untimely, for which reason, it must be rejected, with costs, in view of the merit of the serious situation already denounced previously.
In view of these considerations, and also in view of the provisions of Article 20 of the Political Constitution of the Republic and the Agreed Order on Processing and Judgment of the Appeal for Protection, the appeal for protection filed by Mrs. Ercilia Ernestina Araya Altamirano, on her own behalf and on behalf of the Cola Pai Ote Indigenous Community, filed against the Ministry of Mining, represented by the Minister, Mrs. Marcela Hernando Pérez, is REJECTED, with costs.
Register and, when appropriate, file.
Drafting by Alternate Minister Mr. Rodrigo Cid Mora.
Court of Protection Case No. 1230-2020.
Marcela Paz Ruth Araya Novoa
Minister(P)
Date: 05/01/2023 10:15:53 am
Pablo Bernardo Krumm De Almozara
Minister
Date: 05/01/2023 10:15:53 am
Rodrigo Miguel Cid Mora
Minister(S)
Date: 05/01/2023 10:15:54 am
Pronounced by the First Chamber of the Court of Appeals of Copiapo composed of Presiding Judge Marcela Paz Ruth Araya N., Judge Pablo Bernardo Krumm D. and Alternate Judge Rodrigo Miguel Cid M. Copiapo, January fifth, two thousand twenty-three.
In Copiapo, on the fifth day of January, two thousand and twenty-three, I notified the preceding resolution in the Secretariat by means of the Daily Gazette.
Dear_LPI, how_about getting_off yourlazyass and_giving us_Bearing
shareholders our new shares? You didn't seem to have any problem on quickly awarding happy-happy "appreciation" shares after the consolidation to the useless lazy bums pretend-running your Australian operation and Martin Borda's private company... so how about transferring those newly-minted newly-diluted LPI shares tousassreamed Bearing shareholders who you have been jerking around here for the last 5 years?
Thanking you in advance for your most basic simple cooperation in this regard,
The Doctor
Dear Anti-Mining Minister,_would it_kill you_to award_one prize_to
a male human being just once? https://www-nuevamineria-com.translate.goog/revista/ministra-marcela-hernano-encabeza-ceremonia-de-certificacion-de-personas-competentes-en-recursos-y-reservas-mineras/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US
In the last 9 months since you've been in office you haven't once awarded any kind of prize, certification or academic recognition to anyone other than females, lesbians and dykes from your leftist commie home team... would it kill you to just once give an award of some kind to a man? We all know you don't want to touch a man or to be within even 2 meters of a man but just once could you hold your nose and go through the motions of being a fair & inclusive Minister of the government by awarding some prizes/certifications to some young men graduating from mining universities?
You have given out over 76 awards, "make work" job placements/insertions and certifications since you have taken office... but yet there is not one single new lithium miner in Chile since Boric & you took over... doesn't that sound even a little bit odd to you while you go about ignoring junior miners and instead stuffing your freshly-educated/graduated lady girlfriends into cushy well-paying salaried jobs amongst the subject mining companies scaredshitlessyou are going to revenge-crap on them with increased regulation if they don't accept your newly "certified" women friends for employment? Prior to you running for president in 2026 you are the epitome of a self-serving leftist apparatchik Cristina Fernández de Kirchner type political hack installing her girlfriends in flimsy "make work" jobs with no concept on how to balance or create a budget increase for the miners (esp Codelco) to pay for these added free-loaders you install nonstop.
The Doctor
Climber18,_LPI needs_to grow_some balls_and join Grupo_Errázuriz
(our decades long neighbor & friend/ally) in this legal action against the Ministry of Mining and Codelco.
Live free or die under the jackboots of leftist/communista Chile.
The Doctor
Grupo_Errázuriz cites_Codelco for non-compliance in lithium_exploration
of Maricunga CEOL and files notice for breach of contract with Ministry of Mining
https://www.latercera.com/pulso-pm/noticia/salar-de-maricunga-grupo-errazuriz-acusa-incumplimientos-de-codelco-en-incursion-en-litio-y-acude-al-ministerio-de-mineria/X5UA3HQEEVB37FJVLR6QXNLCCE/
for English Google translation version Click here
The Errázuriz Group has not listed the specific CEOL violations Codelco has made over the last 5 long years but I think it is safe to say they have violated most of the 10 Points in Article 18 of the Decree (see CEOL red text below with primary emphasis on "abandonment of the works") which would qualify Codelco for CEOL termination. On March 1, 2023 Codelco will be in "original intent" failure of physically starting this project within the 5 year life of the CEOL after refusing to execute/complete the 10-month-long exploration stage 3 times (under Bachelet and Pinera with #4 coming up for Boric) in a row which in itself is grounds for booting them off of all the Maricunga lithium properties (see summary paragraph in Decree section Article 18 on grounds for CEOL termination).
The Doctor
----------------------------
The English translated version of the Codelco CEOL from March 1, 2018 follows:
CVE 1360658 | Director: Carlos Orellana Céspedes
Website: www.diarioficial.cl | Central Table: +562 2486 3600 E-mail: consultas@diarioficial.cl
Address: Dr. Torres Boonen No. 511, Providencia, Santiago, Chile.
This document has been electronically signed in accordance with Law No. 19,799 and includes a time stamp and
advanced electronic signature. To verify the authenticity of a printed representation thereof, enter this code on the website www.diarioficial.cl
OFFICIAL GAZETTE OF THE REPUBLIC OF CHILE
Ministry of the Interior and Public Security
I SECTION
LAWS, REGULATIONS, DECREES AND GENERAL ORDER RESOLUTIONS
No. 41,996 | Thursday March 1, 2018 | Page 1 of 10
General Standards
CVE 1360658
MINISTRY OF MINING ESTABLISHES REQUIREMENTS AND CONDITIONS OF THE SPECIAL OPERATION CONTRACT (CEOL) FOR THE EXPLORATION, EXPLOITATION AND BENEFIT OF LITHIUM DEPOSITS IN THE SALAR DE MARICUNGA AND ITS SURROUNDINGS, LOCATED IN THE REGION OF ATACAMA, WHICH THE STATE DE CHILE
WILL SUBSCRIBE WITH SALAR DE MARICUNGA SPA
No. 64.- Santiago, October 26, 2017.
Considering:
The provisions of articles 19 No. 24 and 32 No. 6 of the Political Constitution of the Republic of Chile; in Law No. 18,097, Constitutional Organic Law on Mining Concessions; in the decree with force of law No. 302, of the Ministry of Finance, of 1960, and its subsequent modifications;
in decree law No. 2,886, of 1979, which leaves the constitution of mining property on calcium carbonate, phosphate and potassium salts subject to the general regulations of the Mining Code, reserves lithium in favor of the state and interprets and modifies the laws that are pointed out; in Law No. 18,248, which establishes the Mining Code; in Supreme Decree No. 19, of 2001, of the Ministry Secretary General of the Presidency, Y their modifications posterior; in resolution No. 1,600, of 2008, of the Comptroller General of the Republic and its subsequent modifications; in agreement No. 2224/2017 of the board of directors of the Chilean Nuclear Energy Commission (CChEN); in use of the powers conferred on me by law, and
Considering:
1. That, according to the sixth paragraph of article 19 No. 24 of the Political Constitution, the State has absolute, exclusive, inalienable and imprescriptible domain of all mines,
These include caves, metallic-ferous sands, salt flats, coal and hydrocarbon deposits and other fossil substances, with the exception of superficial clays, in whatever terrain they are.
2. That, according to the seventh paragraph of Article 19 No. 24 of the Political Constitution, it is the law to determine which of the substances referred to in the preceding paragraph, except for liquid or gaseous hydrocarbons, may be the object of exploration concessions, or exploitation.
3. That, likewise, the Political Constitution provides, in the tenth paragraph of article 19 No. 24, that the exploration, exploitation or benefit of deposits that contain substances not subject to mining concessions, may be carried out directly by the State or by their companies or through administrative concessions or special operating contracts, with the requirements and under the conditions that the President of the Republic establishes, for each case, by supreme decree.
4. That, Decree Law No. 2,886, of 1979, in its article 5, provided that lithium was reserved to the State as required by the national interest, except for the exceptions that the same law indicates.
5. That, according to the fourth paragraph of article 3 of Law No. 18,097, Constitutional Organic Law on Mining Concessions and article 7 of the Mining Code, liquid or gaseous hydrocarbons, lithium, mineral deposits are not eligible for a mining concession, any species existing in maritime waters subject to national jurisdiction or deposits of any species located, in whole or in part, in areas that, in accordance with the law, are determined to be of importance for national security for mining purposes, without prejudice of the concessions mining validly constituted within anterior of a the corresponding declaration of non-admissibility or of importance for national security.
6. That, likewise, Article 8 of the Mining Code establishes that the exploration or exploitation of substances that, in accordance with the precepts cited in the previous paragraph, are not subject to a mining concession, may be carried out directly by the State or by their companies, or through administrative concessions or special operating contracts, with the requirements and under the conditions that the President of the Republic establishes, for each case, by supreme decree.
7. That, according to article 5, letter i) of decree with force of law No. 302, of the Ministry of Finance, of 1960, it corresponds to the Minister of Mining to sign on behalf of the State, prior favorable report from the Council of the Chilean Commission of the Collect, with the requirements and under the conditions that the President of the Republic establishes by supreme decree, the special operation contracts referred to in the tenth paragraph of article 19 number 24 of the Political Constitution that have as their object metallic or non-metallic mineral substances non- susceptible metallic of concession, with exclusion of the hydrocarbons and natural atomic materials .
8. That, for its part, Article 1, numeral VII, point 4, of Decree No. 19, of 2001, of the Ministry General Secretariat of the Presidency, which authorizes State Ministers to sign by order of the President of the Republic , indicates, among others, that the "Fixing of the requirements and special conditions of the operation contracts for the exploration, exploitation or benefit of deposits that contain substances not subject to concession", must be approved by supreme decree signed by the Minister of Mining, under the formula "By order of the President of the Republic".
9. That, in January 2016, HE the President of the Republic announced the Lithium Policy and Governance of the Salares, which, including the recommendations of the report prepared by the National Lithium Commission, among other matters, commissioned the Corporation Nacional del Cobre de Chile (hereinafter also “Codelco”) the development of a business model for the sustainable use of the Maricunga and Pedernales salt flats, in partnership with the private sector.
10. That the aforementioned Salares Lithium and Governance Policy was the result of the work carried out by the National Lithium Commission, created by supreme decree No. 60, of 2014, of the Ministry of Mining, a technical commission made up of experts, whose purpose was to generate a National Lithium Policy that incorporates the sustainable development of this industry, considering the social, economic and environmental axes.
11. That, according to the Final Report of the National Lithium Commission delivered to the President of the Republic, one of the main proposals that the commissioners considered necessary, almost unanimously, was precisely the creation of a public company or
state company, or or a subsidiary of the existing State mining companies, dedicated to assuming the productive tasks related to the exploitation of the salt flats, preferably in association with third parties (pages 20 and 34, final report of the National Lithium Commission).
12. That, based on the recommendations and proposals made by the National Lithium Commission in its Final Report, through the Salares Lithium and Governance Policy, this State Portfolio was instructed to, together with Codelco, analyze the feasibility of establishing a subsidiary, management or other business model as soon as possible, whose purpose is the use of the Maricunga and Pedernales salt flats and which, in addition to its productive function, establishes public-private alliances, understood as the agreement between an organ of the State administration with the private sector, promoting the attraction of investments.
13. That, in compliance with the mandate contained in the Lithium Policy, Codelco defined and approved a business model that contemplates the creation of a company (subsidiary) to form a public-private association with one or more companies with recognized experience in the lithium industry, in order to speed up the development, evaluation and implementation of a lithium and other non-metallic mineral project in the Maricunga and Pedernales salt flats.
14. That, on January 17, 2017, Codelco submitted to the Ministry of Mining a request for a special lithium operation contract for its subsidiary, at that time in the process of being constituted and today fully constituted, to explore and exploit the substances of lithium found located within of area geographical that indicate in his presentation. The area includes the Maricunga salt flat and its surroundings, not including all the constituted mining claims owned by Codelco or other third parties, located within the requested geographic area and whose manifestations have been registered before January 1, 1979.
15. That, in effect, according to letter PE-179/2017, of August 10, 2017, Codelco complemented the request for a special operation contract referred to in the previous paragraph, in the sense of identifying its subsidiary "Salar de Maricunga SpA" as the one in whose name it should be considered formulated at the request of a special lithium operation contract, whose constitution consists of a public deed granted on April 26, 2017, before a Santiago notary public, Mr. Osvaldo Pereira González, under the Directory No. 2.791-17.
16. That Salar de Maricunga SpA is a subsidiary of the National Copper Corporation of Chile, Codelco, a public mining, industrial, and commercial company, created by Decree Law No. 1,350 of 1976, the world's leading copper producer and engine of development of the country, which has a unique and essential experience in the development of mining projects. In addition to its long history and national and international prestige in the mining field, Codelco has been key to the development of our country.
17. That, according to the minutes of session No. 3, of June 14, 2016, and session minutes No. 9, of June 7, 2017, both of the Council of the Non-Metallic Mining Committee, were presented to said advisory council , the Codelco lithium project and the special operation contract project, respectively, to which the aforementioned Advisory Council expressed its support.
18. That, in accordance with agreement No. 2,224/2017, of the board of directors of the Chilean Nuclear Energy Commission (hereinafter also "CCHEN"), adopted in ordinary session No. 06/17, of March 27, 2017, granted to Codelco a lithium extraction quota in the Maricunga salt flats and its surroundings, allowing said State company to assign this authorization to another company that it constitutes in order to explore and exploit the lithium mineral resources found in the requested polygon.
19. That, in accordance with the provisions of the tenth paragraph of article 19 No. 24 of the Political Constitution, the President of the Republic has constitutional power, which grants him discretionary powers to decide the best way to proceed with the subscription of a
special operating contract on non-concessible substances, in view of which it can even determine the contractor selection mechanism, among which are direct treatment, private bidding or public bidding. Indeed, said situation has been ratified by the Comptroller General of the Republic in Opinion No. 68.476/2012, regarding special oil operation contracts, which pertinently states the following: "As can be seen, within the special legal framework provided for In the Political Constitution that governs the exploration and exploitation of deposits that contain substances not subject to concession -as is the case of hydrocarbons-, it is the exclusive power of the President of the Republic to decide on the essential contractual aspects of the aforementioned Ceops, among which is the possibility of designating the contractor or resolving the modality or mechanism through which it will be determined, either by resorting to public or private bidding, depending on the circumstances of the specific case, the process used for the alluded authority to the determination of their counterparts in the special operation contracts signed on the aforementioned blocks, has been adjusted to the law", that it is advisable for the State of Chile to sign a special operation contract for the exploration, exploitation and benefit of lithium deposits in the Maricunga salt flat and its surroundings, located in the Atacama Region, with the Codelco subsidiary, Salar de Maricunga SpA
Decree:
Single Article: Approve the requirements, terms and conditions that the special operation contract (CEOL) for the exploration, exploitation and benefit of lithium deposits must comply with, hereinafter "the contract", that the State of Chile signs with the contractor, regarding the Maricunga salt flat and its surroundings, located in the Atacama Region, whose wording is as follows:
Article 1. The parties to the contract will be the State of Chile, represented by the Ministry of Mining, hereinafter, indistinctly, the Ministry, on the one hand, and on the other the company "Salar de Maricunga SpA", hereinafter the "contractor".
Article 2. The object of the contract will be to authorize the contractor to carry out, carry out and develop exclusively, all kinds of activities and exploration work, on lithium substances located in the contract area, defined in article 3 of this decree, as exploitation and benefit operations on lithium substances located in the area that is defined as a consequence of the work carried out by it in the exploration and prospecting phase, in exchange for a remuneration and subject to a specific payment, with the exception of those areas covered by mining concessions established in accordance with the Mining Code of 1932. Exploration and exploitation and beneficial operations must be carried out by the contractor in accordance with the terms and conditions stipulated in the contract and in agreement No. 2224/2017 of the board of directors of the Chilean Nuclear Energy Commission (CChEN). Likewise, the contractor must market the entire volume of lithium products produced, under the terms and conditions contemplated in agreement No. 2224/2017 of the CChEN board of directors and in accordance with the provisions of article 8 of this administrative act.
The contractor will assume all the costs and risks inherent to the exploration, exploitation and benefit of lithium, and must contribute at its sole expense the technology, capital, equipment, machinery and other investments that may be necessary for the mining project. The future signing and approval of the contract is without prejudice to the contractor's obligation to comply with current legal regulations, and must obtain all the
authorizations, concessions and permits necessary to carry out the exploration, exploitation and benefit of lithium deposits, such as environmental, sectoral and other applicable permits.
Article 3. The geographical area associated with the contract is the one authorized in agreement No. 2224/2017, which includes the Maricunga salt flat and its surroundings, which is located northeast of the Copiapó province, in the Atacama Region, Chile.
The aforementioned geographic area was defined through a polygon made up of four vertices, whose limits are defined in UTM coordinates, referred to the 1924 International ellipsoid, reference datum PSAD-56, Zone 19 S, whose coordinates are as follows:
VERTEX NORTH COORDINATE EAST COORDINATE
V1 7033075,254 487784.27
V2 7033075,254 498284.313
V3 7003625,211 498284.313
V4 7003625,257 481984,286
The geographical area described only includes those mining properties constituted after January 1, 1979, since, from that day, the existing lithium in them was reserved to the State, as required by the national interest, being therefore excluded of those minerals that may be the object of mining concessions, in accordance with the provisions of article 5 of Decree Law No. 2,886 of 1979, in relation to article three, paragraph four of Law No. 18,097, Constitutional Organic Law on Mining Concessions (for Law 18,097 in English see https://investorshub.advfn.com/boards/read_msg.aspx?message_id=170891585 ).
Article 4. The validity of the contract will be extended until December 31, 2057, unless, prior to the expiration of the aforementioned term, any of the causes of early termination established therein operate.
Article 5. The contract will consist of the following phases: exploration and prospecting phase; construction and exploitation phase; and phase of closure of tasks. The exploration and prospecting phase will have a maximum term of eight (8) years and six (6) months counted from the total processing of the administrative act that approves the contract. The construction and exploitation phase will begin after the end of the exploration and prospecting phase, which may not extend beyond December 31, 2057.
During each of these phases, the contractor will carry out all the operations it deems pertinent, conducive and/or necessary for the start-up and development of the mining project in accordance with the terms established in the future contract, in the laws, regulations and other regulations in force in Chile at the time of its subscription.
A. Exploration and Prospecting Phase: Within this phase, the contractor must carry out exploration and prospecting activities aimed at identifying lithium resources and reserves. Compliance with exploration and prospecting activities will be verified through periodic reports and other specific means that may be established by the Special Lithium Operation Contract (CEOL). The Ministry may, at its cost and without unduly hindering the activities carried out, request an audit of the reports submitted by the contractor during the exploration and prospecting phase.
B. Construction and Exploitation Phase: This phase contemplates the construction stages and the exploitation and benefit stage.
B.1. Construction Stage: In this stage: the contractor must proceed with the construction and/or installation of the necessary facilities for the exploitation of lithium. The contractor must periodically report on the progress of the activities, in the terms specified in the
contract.
B.2. Exploitation and Beneficial Stage: During this stage, the contractor will extract the lithium substances and proceed to their benefit in accordance with the terms established in the contract.
C. Closing phase of the site. It will be the contractor's obligation to comply with the provisions of Law No. 20,551, and its Regulations established by Supreme Decree No. 41, of 2012, of the Ministry of Mining, and other applicable regulations in force on the matter.
Article 6. The execution of the contract will be supervised by two contract administrators.
Each party will designate its respective contract administrator and will notify the other of the name of its representative prior to the start of exploration work. This designation must be made in writing and communicated to the other party. The designated contract administrators will meet at least quarterly to evaluate the progress of the contract, as well as the activities and/or difficulties during its execution.
The contract administrator appointed by the Ministry of Mining must be an official public and shall report of the march (ie progress) of contract, including all the activities, difficulties and aspects that are relevant during its execution, to the Minister of Mining.
Article 7. The contractor must submit a report annually to the Ministry of Mining in which he will give an account of the actions of protection, safeguarding, care and permanent monitoring of operations in the area of exploitation. Said report must also contain any relevant information related to the situation of the superficial lands, possible negative effects on the resources and any other risk or significant circumstance that was
detected. Likewise, they must contain at least the information that the contractor prepares and presents to the other State agencies that have jurisdiction over the mining project.
Article 8. The contractor will commercialize the entire volume of lithium products produced. Notwithstanding the foregoing, the contractor may not market crude brine, concentrated brine and/or refined brine or in any degree of concentration, or lithium carnalite (sic carbonate) salts, either directly or indirectly through third parties, and that are generated from the lithium substances extracted in the exploitation area, unless expressly authorized by the Ministry of Mining.
The sale of any of the previously individualized products to a related company that processes them in plants that are not part of the mining project, and that are located within Chilean territory, will be excepted from the authorization of the Ministry, in order to
generate quality products. marketable lithium. A related company shall be understood as that natural person or entity that controls, is controlled by, or is under the common control of another entity. Likewise, “control” is understood for these purposes:
(i) the ownership of more than fifty percent of the shares with voting rights of an entity; or (ii) possession of sufficient power to decisively influence the management of the entity, whether through a contractual relationship or any other. This definition includes persons who:
____(a) receive products from the Contractor in payment of credits that they have granted to the latter or at preferential prices; or
____(b) refers to article one hundred of Law No. 18,045, Securities Market Law, However, the lithium products of the related company will also be subject to the specific payment.
The contractor may not market lithium with those States that use it inappropriately, in accordance with the provisions of international treaties signed and ratified by Chile. Likewise, the contractor may not sell or dispose of the lithium substances contained in the discard salts that are generated as a result of the exploitation process, except with prior and well-founded authorization from the Ministry.
The contractor must communicate quarterly in writing to the contract administrator designated by the Ministry the total volume of lithium sold, the sale prices and other commercial conditions that affect the setting of said prices. This communication must be made within the month following the expiration of the respective reported quarter. The contractor will receive the whole of the Payments generated for the concept marketing of
lithium products, including value added tax (“VAT”) for sales that occur within Chile.
Article 9. The contractor will have the right to mix brines and/or lithium substances extracted in the geographical area of exploitation of the project, with the brines and/or lithium substances that it extracts outside that area (hereinafter "joint treatment").
In such an event, prior to mixing, the contractor must adopt and apply reasonable practices and procedures for weighing, determination of concentrations, and sampling to distinguish the amount of lithium contained in brines and/or lithium substances from the geographic area of exploitation of the project, with respect to those contained in brines coming from outside said area.
The proportion between the lithium contained in brines from the project's exploitation area and the sum thereof with the lithium contained in brines from outside the project's exploitation area will correspond, as specified in the respective contract, to the adjustment factor for treatment set, the that will serve to estimate the amount of products of lithium from the geographical area of exploitation of the project, and as a basis for calculating the
specific payment and annual R&D payment to be made. The same procedure will be applied in the event that brine from the mining project is processed by a related company. The provisions of article 8 of this supreme decree shall be understood as a related company.
Article 10. The contractor will receive for part of Condition of Chili a remuneration determined on the value of quarterly sales of commercialized lithium products that are associated with the exploitation and benefit of lithium substances obtained from the geographical area of exploitation of the project, discounting the value added tax (VAT), in accordance with the following formula:
Remuneration = (quarterly sales - VAT) - (specific payment) - (annual R&D payment).
The calculation of the remuneration must be made quarterly by the contractor, who will have the right to withhold it. The Ministry of Mining, with the support of the Chilean Copper Commission, will annually carry out a technical and financial audit in order to verify the correct calculation of the remuneration in accordance with the provisions of article 17 of this supreme decree.
Article 11. The contractor must transfer to the State of Chile the specific payment in Chilean pesos, through a deposit in a special account created for this purpose in the General Treasury of the Republic. The conversion to Chilean pesos must be made according to the value of the dollar observed, informed and published by the Central Bank of Chile on the day of payment.
The specific payment will be made up of a quarterly payment, associated with the sales of lithium products; and by an annual payment associated with the operating profit, this being understood as all the annual income of the contractor from the sales of lithium products, less the value added tax, and less the operating costs and expenses necessary to produce such income.
The contractor must transfer to the State of Chile, within the first twenty (20) days following the end of the quarter for which the calculation is made, the amount of the quarterly payment, which will be determined based on the quarterly sales of lithium products. , discounting the value added tax, according to the following formula:
Quarterly payment = Fixed rate x (quarterly sales - VAT) x (adjustment factor) x (adjustment factor for joint treatment, if applicable).
The fixed rate has been defined as 3%.
The adjustment factor shall be understood as the percentage that represents the lithium extracted from the belongings constituted with posterity to the year 1979 upon the total of lithium extracted, When the contractor mixes lithium brines and/or substances extracted in the
Project's exploitation area, with the lithium brines and/or substances extracted outside the project's exploitation area, the adjustment factor must be applied of joint treatment, established in article 9 of this supreme decree. The annual payment must be transferred by the contractor to the State of Chile, no later than April 30 of the year following each exploitation and benefit period, and will be determined based on the annual operating margin of the business generated by the lithium products obtained. by the contractor, according to the following formula:
Annual payment = (annual operating profit for specific payment) x (effective rate) x (adjustment factor) x (adjustment factor for joint treatment, if applicable).
The effective rate is variable according to a progressive and ascending scale, depending on what results from applying the following sections defined for the annual operating margin of the respective year, the latter expressed without decimals and rounded to the nearest value:
if the annual operating margin is:
equal to or less than 20%, the rate is 0.0%;
on the part that exceeds 20% and does not exceed 35%, 3.0%;
on the part that exceeds 35% and does not exceed 40%, 5.0%;
on the part that exceeds 40% and does not exceed 45%, 8.0%;
on the part that exceeds 45% and does not exceed 50%, 13.0%;
on the part that exceeds 50% and does not exceed 55%, 15.5%;
on the part that exceeds 55% and does not exceed 60%, 18.0%;
on the part that exceeds 60% and does not exceed 65%, 21.0%;
on the part that exceeds 65% and does not exceed 70%, 24.0%;
on the part that exceeds 70% and does not exceed 75%, 27.5%;
on the part that exceeds 75% and does not exceed 80%, 31.0%;
and on the part that exceeds 80%, 34.5%.
The adjustment factor shall be understood to be the percentage that represents the lithium extracted from properties constituted after January 1, 1979 over the total lithium extracted, considering that the payment does not correspond to properties constituted prior to 1979.
When the contractor mixes brines and/or lithium substances extracted in the Project's exploitation area, with the brines and/or lithium substances extracted outside the project's exploitation area, must apply the joint treatment adjustment factor, established in Article 9 of this supreme decree.
The delay in payment by the contractor, that is, the non-payment within the term established as the payment date, will imply the application of the daily maximum conventional interest rate for operations in non-indexable pesos on the effective payment of the period.
Article 12. The contractor must offer, throughout the term of the contract, and with prior approval from the Ministry of Mining for each case, the lithium products obtained from the project's exploitation area during the exploitation and processing stage to specialized producers, whether public or private, of higher value-added products that use lithium as an input, including, among others, the production of lithium cathodes and lithium battery components, and that develop or are going to develop their production work in Chile, at the lowest price . under export market parity in Chile, equivalent to the lower of the FOB Chilean port prices at which the contractor has sold to its clients outside of Chile within the last six months.
Under no circumstances will the Ministry allow lithium products purchased under this preferential sale to be sent to specialized producers or their
affiliates for sale in Chile or abroad, without incorporating added value. In order to make this obligation effective, the Ministry must indicate to the contractor, in writing, the company or companies that qualify as specialized producers at least one year in advance of the start date of these sales.
In the event that in a given year the Ministry has not reported the existence of companies that qualify as specialized producers or said companies do not fully or partially acquire the percentage of lithium products subject to the most favorable price obligation, the contractor may sell said production to third parties freely.
Article 13. The contractor must make an annual payment for Research, Innovation and Development ("annual R&D payment") corresponding to the amount that results from multiplying two point five percent (2.5%) of the sales of lithium products made during the previous calendar year, discounting the value added tax, multiplied by the adjustment factor and by the adjustment factor for joint treatment, if the latter corresponds. Saying
payment will be made by transfer in Chilean pesos to the State of Chile, by deposit in the General Treasury of the Republic. The conversion to Chilean pesos must be made according to the value of the dollar observed, reported and published by the Central Bank of Chile on the
day of payment. This payment will be made at the same time as the annual payment of the specific payment, as indicated in article 11 letter b).
Annual R&D Payment = 2.5% x (annual sales - VAT) x (adjustment factor) x (adjustment factor for joint treatment, if applicable).
The adjustment factor shall be understood to be the percentage that represents the lithium extracted from properties constituted after January 1, 1979 over the total lithium extracted, considering that the payment does not correspond to properties constituted prior to 1979.
When the contractor mixes brines and/or lithium substances extracted in the Project's exploitation area, with the brines and/or lithium substances extracted outside the project's exploitation area, must apply the joint treatment adjustment factor, established in article 9 of this supreme decree.
The Ministry of Mining will dispose of these resources as established by the budget law of the respective year, and in its use it will tend to promote research, innovation and technological development ("R&D") in lithium products and their multiple uses. For these purposes, the Ministry of Mining must request the incorporation of said resources in the corresponding budgetary program.
Article 14. During the term of the contract, the contractor may not sell, assign, transfer, convey or dispose of all or part of its rights stipulated in the contract, during any of the stages contemplated therein, except with prior written, well-founded authorization from the Minister of Mining and prior acceptance in any case by the assignee of the obligations included under this contract. Within the pertinent communication, the Minister of Mining must accept or reject in writing and with justified cause, the sale, assignment, transfer or conveyance that has been communicated to him. For the assignment to be accepted by the Ministry of Mining, it must meet at least the following conditions: a) The obligations of the assignor must be fulfilled at least up to the date of the approval request; b) The instrument of the assignment must at least contain stipulations that establish that the assignee is responsible, from the date of the assignment, for each and every one of the obligations of the assignor, and c) The assignee must
have technical and economic capacity that allows you to fulfill the obligations of the contract.
The Minister of Mining must rule on the assignment within a period of ninety days from the date of receipt of the respective approval request.
However, the contractor may enter into contracts with third parties for the development of the object of the contract. Likewise, the contractor may not carry out any action that prevents the normal operation of a new productive lithium project in the exploitation area once the contract is terminated.
Article 15. All relations between the parties derived from the contract will be subject to what is specified in it and to Chilean law. In the exercise of the rights and in the fulfillment of the obligations that derive from the contract, the contractor will be subject to all the pertinent legal regulations in force in the country.
Article 16. In the event of a disagreement between the parties regarding any matter, they will meet, in the manner indicated in the contract, to discuss the problem and will make all possible efforts to resolve it amicably. After a period of thirty (30) days from the notification of the disagreement, without it having been resolved amicably, the Ministry will propose a shortlist of qualified, recognized and prestigious experts, whether natural or legal persons, of which the contractor must choose one, to study the matter in detail and propose to the parties the most appropriate solution in their opinion. The designated expert will not be considered or act as an arbitrator and its costs and expenses will be borne by both parties in equal proportion. Notwithstanding the foregoing, either party may submit the matter in dispute to the resolution of the ordinary courts of Justice of Chile, extending jurisdiction before the courts of the commune of Santiago
Article 17. The Ministry of Mining, with the support of the Chilean Copper Commission, will annually carry out a technical and financial audit in order to verify the correct calculation of the specific payment and remuneration that occurred within the previous year. Likewise, it will be the task of the audit to verify that the sale prices used by the contractor to calculate the specific payment correspond to market prices, to the extent that these serve as a reference for the calculation of the annual or quarterly specific payment. For this purpose, the Ministry of Mining will propose a shortlist of independent experts, from which the contractor must choose one within five business days from the date of the proposal. Said expert must deliver an audit report with the differences found in the calculation of the payment to the State, which will be binding and non-claimable for the parties.
All adjustments to the remuneration or specific payment, valued at the effective gross sales prices derived from the result of this review, will be expressed in Chilean pesos. The State of Chile will have the right to use all the geological, geophysical and similar data provided by the contractor. However, and while the contract is in force, this information may not be transmitted to third parties without the authorization of the contractor, whose refusal must be justified.
Article 18. THE CONTRACT WILL TERMINATE EARLY WHEN ANY OF THE FOLLOWING CAUSES OCCURS:
1. During or at the end of any period contemplated in the exploration and prospecting phase, in the event that the contractor decides not to continue with the following period, in accordance as provided in the contract.
2. Abandonment of the tasks by the contractor, which will be understood to have occurred in the event that the contractor suspends the execution of the operations for a period of more than three years in accordance with the provisions of the contract.
3. If the contractor was declared in forced liquidation by enforceable resolution.
4. Dissolution or termination of the legal personality of the contractor.
5. For repeated breach by the contractor of the obligations contained in the contract.
6. By mutual agreement between the parties, a situation that must be recorded in writing.
7. For the final revocation and without further recourse of the environmental qualification resolution of the mining project.
8. For the final and unappealable (translate = refused for appeal) term or the loss of validity of the authorization delivered by the Chilean Nuclear Energy Commission to Codelco and/or its assignee, of the lithium extraction quota from the Maricunga salt flat.
9. Due to the loss by Codelco of its quality of controller in the company Salar de Maricunga SpA, in the terms described in articles 97 et seq. of Law No. 18,045, on the Securities Market.
10. For non-compliance with the conditions and terms established in this administrative act.
If the contractor, during the term of the contract, incurs in any of the causes of termination referred to in this article without justified cause and excluding cases of force majeure, the Ministry will notify the contractor by certified letter of the breach in question and, if the The contractor has not corrected it or initiated the necessary actions to correct it within ninety (90) days from the date of notification of the breach, the Ministry will request the early termination of the contract. Notwithstanding the foregoing, the full contract will terminate if the contractor does not start production within a period of five years counted from the end of the exploration and prospecting phase.
Article 19. The contractor must ensure that Codelco, at all times, maintains the quality of controller over the company Salar de Maricunga SpA
For these purposes, the contractor must inform the Ministry of Mining about any modification or change that is made in the ownership structure and / or administration of said company, as if it were an essential fact such as those described in Law No. 18,045.
Article 20. Prior to the signing of the public deed containing the contract, a favorable report from the council of the Chilean Copper Commission must be obtained.
Everyone_knows what_to do_in Maricunga,_but no_one is doing_anything
to promote it or get it up and running... typical stupido beaner clusterfock.
https://www-elmostrador-cl.translate.goog/destacado/2023/01/09/mercados-de-futuro-chile-partio-primero-y-se-va-quedando-atras-en-la-carrera-por-el-litio/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
This is what happens when you have a bunch of pretend Marxist revolutionary dopey children running a leftist/commie government in Chile who have no idea how governments legally/ethically make money or "grow" a national economy.
And you may also ask, so what is Codelco doing in Maricunga? Codelco is doing the same as reported on December 17 https://dfmas-df-cl.translate.goog/df-mas/por-dentro/las-grietas-en-la-estrategia-de-codelco-para-controlar-el-litio-chileno?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp they are doing nothing... they have more than enough problems just trying to keep their head above water with their copper holdings.
The Doctor
Slimy_snake Anti-Mining Minister_rummaging around_in Law 18,097_also
https://www-mineria--pa-com.translate.goog/noticias/chile-camara-aprueba-proyecto-que-pospone-cambios-al-sistema-de-concesiones-mineras/?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=nui see last paragraph.
I smell a rat in the Anti-Mining Minister's couched altruistic endorsement of the new proposed Law 21,420 delaying the elimination of a good many sweetheart tax exemptions for the mining industry... it appears that by some buddy-buddy quid pro quo she also wants carte blanche to root around in the mining code Law 18,097 but her true final intentions are not clear just yet. Law 18,097 and specifically Article 3 (that FYI we junior lithium miners strongly advocate to "cherry pick" repeal) is the law by which Augusto Pinochet made lithium a Strategic Mineral after we had basically already locked up our Stage One 15,200mtpa LCE export quota license. I sincerely doubt Marcela Hernando is ever going to endorse or work toward repealing Article 3 in this law, but we should fear her adding more draconian restrictions to this law which could detrimentally affect us lithium miners. One detrimental example could be a new formal stipulation that the government have a 51% or above ownership in any new lithium mining operation(s) since the current Pinochet 18,097 regulation is still "open" to a palatable much-less-than-50% government ownership participation.
We need to watch the Ministry of Mining's upcoming proposed changes to law 18,097 like a hawk in 2023.
The Doctor
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Law 18,097 follows for your reference:
Library of the National Congress of Chile - www.leychile.cl - document generated 11-May-2016
Type of Standard :Law 18,097
Date of Publication :21-01-1982
Date of Enactment :07-01-1982
Agency :MINISTRY OF MINING
Title :CONSTITUTIONAL ORGANIC LAW ON MINING CONCESSIONS
Type Version :Latest Version From : 24-02-1990
Effective Date :24-02-1990
Standard Id :29522
URL :https://www.leychile.cl/N?i=29522&f=1990-02-24&p=
(for original also see https://www.resourcedata.org/dataset/rgi-organic-constitutional-law-of-mining-concessions-18097/resource/02483ab7-f8d9-4034-bdf9-711840cb7935 )
LAW N° 18,097
CONSTITUTIONAL ORGANIC LAW ON MINING CONCESSIONS
The Board of Government of the Republic of Chile has given its approval to the following
BILL:
TITLE I
Mining Concessions
Article 1 - Mining concessions may be for exploration or exploitation. Whenever this law refers to a mining concession, it shall be understood to include both.
Article 2 - Mining concessions are real and immovable rights; distinct and independent from the domain of the surface property, even if they have the same owner; opposable to the State and to any person; transferable and transmissible; subject to mortgage and other real rights and, in general, to any act or contract; and governed by the same civil laws as other real estate, except in what is contrary to the provisions of this law or of the Mining Code.
Article 3 - The powers conferred by mining concessions are exercised on the object constituted by the concessionable mineral substances existing in the territorial extension determined by the Mining Code, which consists of a solid whose depth is indefinite within the vertical planes that limit it.
All metallic and non-metallic mineral substances are concessionable, and any interested party may establish a mining concession for them.
In general, all fossil substances, in whatever form they may occur naturally, including those existing in the subsoil of maritime waters subject to the national jurisdiction that have access by tunnels from land.
Concessionable mineral substances contained in waste rock, slag or tailings, abandoned by their owner, are eligible for mining concessions together with other mineral substances.
concessionable mineral substances that may exist in the respective territorial extension.
Liquid or gaseous hydrocarbons, lithium, lithium and other minerals are not eligible for mining concessions, deposits of any species existing in maritime waters subject to national jurisdiction and deposits of any species located, in whole or in part, in maritime waters subject to national jurisdiction and deposits of any species located, in whole or in part, in maritime waters subject to national jurisdiction and deposits of any species located in maritime waters subject to national jurisdiction or in whole or in part within areas determined by law to be of importance for national security with mining effects, without prejudice to mining concessions validly constituted prior to the corresponding declaration of non-concessibility or importance for national security.
Surface clays, artificial salt flats, sands, rocks and other materials directly applicable to construction, all of which are governed by common law or by the special rules dictated by the Mining Code, are not considered mineral substances.
Article 4 - The territorial extension of a mining concession may be divided, but each part may be resulting from the division may not be less than the minimum extension that the concession may have in accordance with the Mining Code, and must be equal to that minimum extension or a multiple thereof; all of which is understood without prejudice to the intellectual division of quota that may be made from the concession. No more than one mining concession may be constituted on the concessionable substances existing in the same territorial extension.
Article 5 - Mining concessions shall be constituted by resolution of the courts, ordinary courts of justice, in proceedings before them and without the intervention of any other authority or person.
Any person may acquire, under any title, such mining concessions, or quotas therein, on the substances determined by this law. The only exceptions are those persons indicated in the Mining Code in provisions that must be approved by a quorum qualified in accordance with the constitutional norms in force.
The person who first initiates the procedure for the constitution of a mining concession with respect to a territorial extension not covered by a mining concession in force shall be considered the discoverer, who shall have preference to constitute it, unless there has been force or fraud to anticipate the procedure or to delay that of the person who actually discovered it first. If the person initiating the procedure is a person who performs mining works by order or commission of another, the procedure shall be understood to have been carried out by the latter.
If the State deems it necessary to exercise the powers to explore exclusively and to exploit concessionable substances, it must act through companies of which it is the owner or in which it has an interest, which constitute or acquire the respective mining concession and which are authorized for such purpose in accordance with the constitutional norms in force.
The Mining Code is responsible for regulating the manner of enforcing the rights of those who are injured by the constitution of the mining concession, either within the constitution procedure or after it.
Once the mining concession has been constituted, the judge will order its registration in accordance with this Code, which may also contemplate some other publicity measure.
Article 6 - The holder of a legally constituted mining concession has a property right over it, protected by the guarantee of number 24 of article 19 of the Political Constitution.
The deprivation of the powers to initiate or continue the exploration, extraction and appropriation of the substances that are the object of a mining concession constitutes deprivation of the essential attributes or powers of the domain thereof.
TITLE II
Rights of Mining Concessionaires
Article 7 - Every mining concessionaire has the exclusive power to test and dig in lands of any domain for mining purposes within the limits of the territorial extension of its concession. Said power shall be exercised in accordance with the norms of this law and shall be subject to the limitations prescribed in the Mining Code. The limitations shall always be established for the purpose of preventing damage to the owner of the land or to provide for purposes of public interest; they shall consist of the need to obtain permission from the owner of the land or from the corresponding authority, as the case may be, to exercise the power to test and dig on certain lands. The Code will establish a concentrated, economical and expeditious procedure to obtain such permission in case of refusal by the person who must grant it. However, only the owner of the land may permit tasting and digging in houses and their outbuildings or on land containing trees or vineyards.
Article 8 - The holders of mining concessions have the right to have the appropriate easements constituted for mining exploration and exploitation.
With respect to these concessions, the surface lands are subject to the encumbrance of being occupied to the full extent necessary for mining works, by ore deposits and dumps, waste, tailings and slag; by ore extraction and processing plants; by substations and power and communication lines, canals, dams,
The concession is subject to the levies for transit and occupation by roads, railroads, pipelines, pipelines, tunnels, inclined planes, platforms, conveyor belts and any other means used to connect the workings of the concession with public roads, mills, railroad stations, shipping ports and consumption centers.
Such concessions are subject in favor of others, and insofar as applicable to them, to the levies established in relation to surface lands, which, without preventing or hindering their exploitation, take advantage of others and, also, to the levy of being crossed by mine shafts and workings destined to provide or facilitate ventilation, drainage and access.
The constitution of easements, their exercise and the corresponding indemnities shall be determined by agreement of the interested parties or by judicial resolution in the special brief procedure contemplated by law or, if the law does not contemplate such procedure, in the procedure summary of general application.
Easements in favor of mining concessions are essentially transitory; they may not be used for purposes other than those for which they have been granted, and will cease when their use is terminated. They may be extended or restricted according to the development of the work related to them.
The holders of mining concessions will have the water rights established by law.
Article 9 - Every mining concessionaire may defend his concession by all the means provided by law, both with respect to the State and to private parties; for such purpose, he may file actions such as claims, possession actions and any other actions provided by law, and obtain the pertinent indemnities.
The concessionaire may request from the competent judge the appropriate measures for the conservation and defense of its concession. In particular, the concessionaire has the right to visit mining works that may affect its rights, in the cases, in the manner and with the effects determined by the Mining Code.
Article 10.- The exploration concessionaire has the exclusive right:
1.- to freely carry out excavations and other mining exploration works, except for the observance of the police and safety regulations and the provisions of articles 7 and 8;
2.- to initiate legal proceedings to establish an exploitation concession, within the limits and term of duration of the exploration concession, the exercise of which will give it a preferential right to establish such concession even after the termination of the latter, in the manner determined by the Mining Code;
3.- to own the concessionable minerals that it needs to extract for exploration and research purposes, and
4.- to be compensated, in case of expropriation, for the property damage actually caused.
Article 11.- The exploitation concessionaire has the exclusive right:
1.- to freely explore and exploit the mines on which its concession is based, and to carry out all actions leading to these objectives, except for the observance of the
police and security regulations and the provisions of articles 7° and 8° ;
2.- to become the owner of all the mineral substances that it extracts and that are concessionable at the date of being judicially constituted, included within the
limits of its concession, and
3.- to be compensated, in the event of expropriation of the concession, for the property damage that has been effectively caused, which consists of the commercial value of the
The concession holder shall have the power to initiate and continue the extraction and appropriation of the substances that are the object of the concession. In the absence of agreement, the value of such damage shall be fixed by the judge, after the opinion of experts. The experts, for the purposes of determining the amount of compensation, shall establish the commercial value of the concession, calculating, on the basis of the reserves of substances granted that the expropriated party demonstrates, the present value of the net cash flows of the concession.
TITLE III
Obligations of mining concessionaires
Article 12.- The protection regime referred to in the seventh paragraph of number 24 of article 19 of the Political Constitution shall consist of the annual and anticipated payment of a patent for fiscal benefit, in the form and amount determined by the Mining Code. Debts arising from unpaid patents may only be made effective in the respective concession, without prejudice to their expiration in accordance with letter a) of the first paragraph of article 18.
The amount paid for the mining patent for an exploitation concession will be imputed to the payment of the income tax derived from the mining activity carried out in the respective concession, in accordance with the provisions of the Mining Code.
Article 13.- The exploration concessionaire may not establish exploitation, without prejudice to the provisions of number 3 of article 10.
The mining concessionaire is obliged to indemnify the damage caused to the owner of the surface land or to other concessionaires on the occasion of the works he performs, in accordance with the procedures and regulations established by the Mining Code. He may be required to provide prior surety for the value of the indemnities, in accordance with that Code.
Article 15.- Every mining concessionaire, as such, has the obligation to abide by the norms related to the State's right of first option to purchase, at the usual market price and modality, the mineral products that this law declares to be of strategic value because they contain certain substances in significant presence.
The Mining Code will establish the form, opportunity and modalities in which the State may exercise this right; the sanctions for any infractions incurred, and the manner of resolving any difficulties that may arise.
Mineral products in which thorium or uranium have a significant presence are of strategic value.
For the purposes of this article and the following article, a substance is understood to have a significant presence within a mineral product when it is susceptible of being
reduced from a technical and economic point of view.
Article 16.- The circumstance that a deposit contains non-concessionable substances does not prevent the constitution of a mining concession with respect to the existing concessionable substances in the same deposit.
The mining concession does not entitle its holder to appropriate non-concessionable substances with significant presence within the appropriate mineral product. The state may take possession of them, in accordance with the provisions of the Mining Code.
TITLE IV
Duration and termination of mining concessions
Without prejudice to the provisions of the following article, the term of the exploration concession may not exceed four years; and the term of the exploitation concession shall be indefinite.
Article 18.- Mining concessions shall expire, extinguishing the ownership of the holders thereof:
a) by judicial resolution declaring the land free, if there are no bidders in the public auction of the judicial proceeding originated by the non-payment of the patent, and
b) for failure of the concessionaire to request the registration of its concession within the term established in the Mining Code.
The exploration concession expires, in addition, for violation of the provisions of Article 13.
Mining concessions are also extinguished by resignation of its holder, in accordance with the law.
FINAL TITLE
From the validity of this law
Article 19.- This law shall enter into force simultaneously with the new Mining Code.
Transitional Provisions
Transitory Article 1 - The mining concessions in force at the date of entry into force of the new Mining Code shall subsist under the rule of said Code. However, as to their benefits and charges and as to their extinction, the provisions of said Code shall prevail.
Transitory Article 2 - The mining concessions superimposed by application of Articles 82 and 83 of the Mining Code of 1932 shall remain in force, except for those derived from the application of the rule contained in the final sentence of the first paragraph of the latter Article. Likewise, overlapping mining concessions shall remain in force.
constituted by virtue of legal provisions in force prior to that Code that allowed the overlapping because of the fact that they belonged to different substances.
In order to prevent the creation of new overlapping mining concessions, the new Mining Code will establish how to determine which of the existing overlapping mining concessions will be extended to the rest of the substances that are already in force.
The Code shall also determine the manner in which the current mining concession shall be extended. Likewise, said Code shall determine the manner in which the current mining concession shall be extended, if only one, to the substances that were not granted to it.
For the purposes of the preceding paragraphs, the following considerations shall apply:
1. that coal, thorium and uranium were included in the first paragraph of article 3 of the 1932 Mining Code, and 2. that coal, thorium and uranium were included in the first paragraph of article 3 of the 1932 Mining Code.
2.- that the substances indicated in Article 4 of that Code, except for oil in liquid or gaseous state, were referred to in the second paragraph of the aforementioned Article 3.
The provisions of the preceding paragraphs are without prejudice to the mining concessions established by application of the provisions of transitory article 4, which concessions shall be understood to have been established prior to the extensions referred to in this article.
Transitory Article 3: The owners of properties over rocks, sands and other materials directly applicable to construction constituted for another specific industrial or ornamental application, in force at the date of publication of the new Mining Code, will continue to hold their rights as concessionaires of the new Mining Code. Exploitation, under the rules and conditions set forth in this law and the new Code with respect to these mining concessions. Once the concession has expired or been extinguished, these substances shall revert to the owner of the land, and if such belongings belong to the owner of the land, they shall expire immediately by the sole authority of the law.
Transitory Article 4 - Within 180 days following the publication of the new Mining Code, only the actions to initiate the judicial procedure to establish a mining concession on the lands where they were located, carried out within that period by the state agencies or companies indicated in the Mining Code, shall be valid with respect to the deposits or substances that by virtue of this law cease to be reserved to the State. The provisions of this article are without prejudice to the transfers to which these agencies or companies are bound by validly executed contracts.
The overlaps that occur by virtue of the preceding paragraph are valid.
Also valid are the overlaps that occur as a result of the manifestations that, within the term established by the new Mining Code, must be submitted by holders of judicial concessions to explore, holders of concessions to explore, holders of concessions to explore, holders of concessions to explore, holders of concessions to explore, holders of concessions to explore, holders of concessions to explore, and holders of concessions to explore.
The Company's management and the holders of administrative concessions to explore or exploit, as well as the holders of applications for such concessions, with respect to the substance or substances granted or applied for.
- JOSE T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Junta
- FERNANDO MATTHEI AUBEL, Air General, Commander in Chief of the Air Force, Member of the Government Junta
- CESAR MENDOZA DURAN, General Director of Carabineros, Member of the Government Junta
- CESAR RAUL BENAVIDES ESCOBAR, Lieutenant General of the Army, Member of the Government Junta.
Inasmuch as it has pleased me to approve the foregoing law, I hereby sanction and sign it in token of promulgation. Be it enacted as a law of the Republic.
Register with the Office of the Comptroller General of the Republic, publish in the Official Gazette and insert in the Official Gazette of the Office of the Comptroller General.
Santiago, January seventh, nineteen hundred and eighty-two (January 7, 1982)
- AUGUSTO PINOCHET UGARTE, General of the Army, President of the Republic.
- Hernán Felipe Errázuriz Correa, Minister of Mining.
Elon Musk secures another world record
Elon Musk secures world record for largest ever loss of personal fortune
beep beep tweet tweet
Argentina_Province LaRioja_wants to_classify lithium_a Strategic_Mineral
which is the Kiss of Death using the old time-tested "backdoor nationalization" tactics of Augusta Pinochet's Chilean fascists (along with greedy fat-cat fascista party-members and his thieving blood-relatives) https://miningpress-com.translate.goog/nota/352722/la-rioja-aprobo-ley-para-litio-estrategico-preocupacion-de-caem?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
As you know, provinces or states (especially in the north) in Argentina have significantly greater individual powers than the centralized Federal government (in the South) in determining mining laws/regulations on lithium mines inside their province/state boundaries... this possible change in lithium classification from concession-able mineral to strategic mineral will not bode well for lithium miners inside Argentina especially the Chinese miners.
The Doctor
Interesting video on Penco Module
Funact, my_USA broker_on Thursday_says the_Transfer Agent_is still_dicking
around with his paperwork in Canada and there is no ETA on completion of this simple basic task but I wouldn't be surprised to hear some paperwork is missing and that is the holdup problem. Bearing as usual isn't sayingshit to us shareholders and my calls to the main office in Vancouver go unanswered/un-returned.
I doubt we will see our new shares before January 12 at best.
The Doctor
Fitch: Chilean mining production falls
https://miningpress-com.translate.goog/nota/352699/cochilco-produccion-cayo-en-minas-chilenas-fitch-pronosticos?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp
Dear Mommy's Boy Gabby Boric, normally we would say here "geez, don't fock this up in 2023"... but since you are a stubborn clusterfocking leftist commie beaner we are not going to waste the oxygen to even say these few brief words of caution.
The Doctor