Abstract

GOMEZ REY, Andrés; RINCON, Camilo Alexander  and  RODRIGUEZ, Gloria Amparo. TRANSITION SCHEMES OF THE ENVIRONMENTAL LICENSING IN COLOMBIA SEEN FROM MINING ACTIVITY. Prolegómenos [online]. 2016, vol.19, n.38, pp.161-181. ISSN 0121-182X.  https://doi.org/10.18359/prole.1976.

The environmental license is a planning tool that allows to carry out the previous analysis and to establish the possible consequences or impacts generated by a project, work or activity, to take appropriate measures, as proposed by the title VIII of Act 99/1993. Regulatory development of this figure is given, in particular, from the issue of Act 99/1993 and the various decrees which have regulated the procedure for its granting, question with which this document deals: the transitions between each norm and the requirements and rules of each one seen from the mining activity. As a methodology it is proposed to study, from the legal dogmatic, the sources of law, particularly of the doctrine, jurisprudence and legislation, in order to abstract the concepts of the regulatory transitional regime of environmental license in relation to mining activity, using the logical-deductive method with the purpose of establishing unknown consequences from known principles. That is to say, it reflects on the environmental licensing in the mining field, showing some interpretative options that are presented with each regulatory change, identifying the main problems and offering possible solutions.

Keywords : Renewable natural resources; environmental license; transition schemes; mining activity; mining title; exploration and exploitation of non-renewable natural resources.

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