Abstract

GUIZA, Leonardo  and  RODRIGUEZ, Cristhian. THE ROLE OF TERRITORIAL AUTHORITIES IN THE DEFINITION OF MINING RESTRICTION OR EXCLUSION ZONES. Vniversitas [online]. 2015, n.131, pp.323-362. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana.vj131.patd.

The development of mining activities generates tensions between the interests of the central level of the State and local territorial entities, as the latter have to deal with the environmental, social, and cultural consequences of the extraction. This has caused, on one hand, a legal debate on the prevalence of the principles of the Unitary State, and the public and social interest of the mining industry; on the other, the territorial autonomy, and the public and social interest of the environment. This reflection article clarifies the role that territorial entities play in the adoption of decisions related to the mining activity, based on the analysis of the regulatory, legal, constitutional, and case law developments on the subject matter. This shows evidence that territorial authorities have several legal tools that allow them -and, in some cases, impose on them the duty- to actively and efficiently take part on the adoption of authorizations to carry out mining activities in their jurisdiction, which is in line with the coordination, attendance, and subsidiarity.

Keywords : municipalities; mining; participation; environment; referendum.

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