Article 121: Building and Ownership of Infrastructure

The building of the infrastructure necessary for Mining Activity is carried out by the State or within the framework of a Public-Private Partnership (PPP). In all cases, the State will act either directly or through any entity that it owns or controls.

Infrastructure projects are subject to an international competitive tender procedure, and shall in all cases comply with the master plan for the transport infrastructure that ensures access to the infrastructure by third parties.

Irrespective of the method of financing, the infrastructure for transport (railway, roads, bridges), ports, airports, cities and their outskirts, water lines and electricity transmission lines, as well as any other immoveable fixture with the exception of production equipment, developed within the framework of the development of a Mining Title must be transferred to the State free of charge after a period necessary for a fair return on investment, to which a period of five years is added.

After the transfer of the infrastructure to the State, the mining company will have a priority right for the use of the infrastructure. As the case may be, it will continue to operate the dedicated infrastructure, or the State will designate an independent operator by a tender procedure for the shared infrastructure.