just to add - excerpts from a mining regulatory / law paper......

just to add - excerpts from a mining regulatory / law paper... pl note new govt is making changes to this also for the benefit of foreign investors...

What mining rights may private parties acquire? How are these acquired? What obligations does the rights holder have? If exploration or reconnaissance licences are granted, does such tenure give the holder an automatic or preferential right to acquire a mining licence? What are the requirements to convert to a mining licence?


In the Chilean legislation, private parties may acquire several mining rights. These are mining claims (mining exploitation concessions under constitution process), mining petitions (mining exploration concessions under constitution process), mining exploration concessions (reconnaissance licences) and mining exploitation concessions (mining licence). All of these different kinds of mining rights are acquired on a ‘first come, first served’ basis.
Mining concessions are considered as real immoveable rights, having the same legal status of a property, but only regarding the mineral substances. Also, mining concessions entitle its holder to request the necessary access over the surface land through the constitution of mining easements for both exploration and exploitation concessions, with the obligation of adequately compensating any damage to the land owner. To this rule, however, some exceptions may apply. Additionally, the exploration licence grants preferential rights for requesting an exploitation licence.
Concerning the main obligations of the rights holder, they are obliged to pay the necessary annual fee for either exploration or exploitation licences. The avoidance of complying with this obligation to obtain and comply with all the pertinent administrative authorisation such as environmental approvals, health and safety procedures, labour, taxation and municipal regulation may cause the loss of the concession.

Is there any distinction in law or practice between the mining rights that may be acquired by domestic parties and those that may be acquired by foreign parties?


There are neither special requirements nor distinctions between nationals of foreign countries or Chilean parties. As such, there is no necessity or desirability of having a domestic partner for the activity.

How are mining rights protected? Are foreign arbitration awards in respect of domestic mining disputes freely enforceable in your jurisdiction?


Mining rights are protected in the same way as property rights and others of similar characteristics. There are no special courts concerning mining, as it is considered part of the general jurisdiction of the civil courts of each district.
The judiciary system in Chile is independent and respectful of the rule of law and due process.
Chilean law follows the rules of the New York Convention of Recognition and Enforcement of Foreign Arbitral Awards, which makes international arbitration awards fully valid and enforceable in the country.