Dear Clients and Friends:
On July 20, 2026, Mexico’s Ministry of Environment and Natural Resources published an Agreement in the Federal Official Gazette establishing new criteria for processing applications related to mineral exploration, exploitation and beneficiation works within federally protected natural areas.
The Agreement’s main implications include:
- SEMARNAT may not grant new authorizations, permits, registrations or licenses for mining activities within federally protected natural areas.
- This prohibition applies even to holders of mining concessions granted before May 9, 2023, when they submit a new environmental impact assessment application.
- Environmental impact assessment applications currently pending must be resolved in accordance with the new Agreement.
- CONANP must issue a binding technical report regarding mining projects that may affect one or more protected natural areas, even when the proposed works are located outside their boundaries.
- The final disposal of mining and metallurgical waste may not be authorized within protected natural areas, wetlands, waterways or federal zones associated with national waters.
The Agreement does not automatically require mines currently operating within protected natural areas to close, nor does it revoke their existing authorizations. However, these operations must remain strictly within the works, areas, capacities and timeframes previously authorized.
Any expansion of operating areas within a protected natural area will face significant restrictions. A request solely to extend the term of an existing authorization remains legally debatable and will require a case-by-case analysis.
Projects holding environmental authorizations issued before May 8, 2023, should also immediately review their compliance with the Mine Restoration, Closure and Post-Closure Program required under Article 107 Bis of the LGEEPA.
We recommend that mining companies conduct a comprehensive review of their concessions, environmental authorizations, validity periods, coordinates, approved phases and authorized areas before submitting any new application to SEMARNAT.
Read the Agreement:
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
