Mining Title and Authorisations instituted by virtue of this Code may be revoked by the issuing authority for one of the following grounds:
- The exploration or mining activity is suspended or seriously restricted for more than six (6) months in the case of exploration, and more than twelve (12) months for mining operations, without legitimate grounds and in a manner detrimental to the public interest.
- The feasibility study produced demonstrates the existence of a Deposit which is economically and commercially exploitable within the perimeter of the exploration permit, but no mining operations follow within the timeframes set out in and in accordance with the modalities stipulated in Articles 34 and 41 of this Code.
- The violation of any of the provisions of this Code described below:
- Mining work costs or expenses of the holder are less than 25% over two consecutive years of the whole of the minimum work program, or the minimum amount of expenditure specified for this period by the Mining Title or the terms of reference of the Mining Concession, except in duly justified cases of force majeure, which do not exceed twelve (12) months;
- Failure to start work within six (6) months from the date of the grant of the exploration permit, a delay of eighteen (18) months for Operating Permits and two (2) years for a Mining Concession, all in accordance with the procedures set out in Articles 34 and 41 of this Code.
- Failure to maintain the holder’s extraction records, sale, and shipping information on a regular basis and in accordance with standards established by the regulations in force, or refusal to produce these records o qualified Agents of the National Mines Department and National Tax Department.
- Non-payment of taxes and/or royalties;
- Exploration or mining operating activities conducted outside the perimeter of the Mining Title or the exploration or mining of substances not designated therein;
- Mining operation activities undertaken with an Exploration Permit;
- Loss of the financial or technical capability which guaranteed, at the time the Title was granted, that the operations would be duly performed by the holder;
- Total assignment, transfer or Lease of all mining rights without the prior authorisation provided for in Article 90 below;
- Assignment […] without deductions at source of the capital gains, indicated in Article 91-B below;
- Assignment […] without deductions at source of the capital gains payable under Article 91- C below;
- Assignment, transfer, or Lease of all or part of the mining rights resulting from the Exploration Permit;
- Recurrent tax fraud relating to incorrect financial statements and balance sheets.
- Non-compliance with the provisions of this Code relating to conflicts of interest described in Article 8 above, and the Code of Conduct described in Article 155 below.
Revocation can only occur after a warning notice from the Minister is sent to the holder of the Mining Title or the Authorisation requesting the holder to provide, within the timeframe below, proof of compliance with its obligations before the date of the warning notice:
- One month for Exploration Permits and Authorisations; and
- Forty-five (45) days for the Operating Permit and Mining Concession.
Upon receipt of the warning notice and for the period of the latter, no technical activity is permitted under the relevant Mining Title or Authorisation.