Reconfiguration of Policy and Mining Legislation in Venezuela

Abstract

This research systematically addresses the configuration of the mining legal-institutional framework, starting from a journey through the main milestones in the evolution of the mining legal framework up to the recent mining policy. Starting in 2011, the Venezuelan State resized its extractivism policy, influenced by the country's economic crisis, the drop in oil barrel prices, the exponential increase in the price of gold, aggravated by the critical political conditions. In this context, it structures a mining extractive policy, which begins with the reservation of primary activities, related and auxiliary to the use of gold and other strategic elements, as well as the definition of a policy to regulate mining, in which it is evidenced the prevalence of tax matters over social and environmental matters. Among the findings, the incentives to regularize mining activity, the declaration of areas for mining use, the definition of small-scale mining, the Single Mining Registry - RUM, the subscription of strategic alliances to develop mining activity, the creation of a ministerial, of the Mining Popular Council and the formation of a Social Mining Fund. However, given the overcrowding and intensification of mining activity, there are important challenges to be addressed, such as the increase in improvised settlements without coverage for their basic needs, the increase in cases of endemic diseases, the struggle for control of mining areas by irregular groups, the constriction in economic diversification, the increase in deforested areas and affectation of biodiversity and the absence of official information on the scope of the mining policy.
Keywords: Mining policy, mining legislation, History