Abstract

Mining is one sector where the national legislator legislated early. Despite the fact that mines are considered priority areas as factors for development, the problem of taking into account the rights of landowners within the mining areas remains critical. This article shows that compensation for damages suffered by land rights holders due to mining activities is inadequate with respect to certain foreign experiences, in particular the Canadian one. On the other hand, compensation for damages of the same kind suffered by those who have been expropriated is sometimes appropriate. However, this is not the case for mining operations that have not been preceded by expropriation or incorporation. The law recognises the right to significant compensation for victims, even if judicial guarantees may be subject to uncertainty, which the next reforms should eliminate.