Colombia's Santurbán environmental freeze leaves miners in the cold

The designation of a temporary reserve zone in the Santurbán moorland in northeastern Colombia has sparked concern in the mining industry. 

The measure prohibits new concessions in the area and prevents authorization for any potential expansion of mining operations.

The Santurbán moorland is a high-altitude ecosystem that lies primarily in Santander and Norte de Santander departments. It is known for its paramo ecosystem, which is crucial for water regulation and biodiversity.

This decision marks the implementation of decree 044, which grants the environment ministry the authority to establish temporary reserve zones for up to five years, with the possibility of extension. 

The immediate effect of this designation is that mining projects will not be able to change their environmental permits, effectively putting them on hold, Estefanny Pardo, senior legal advisor at Holland & Knight and a specialist in environmental litigation and conflict resolution in the mining sector, told BNamericas.

Through a resolution published in the official gazette last week, the government declared a two-year temporary reserve for renewable natural resources on the western flank of the Santurbán moorland, covering more than 76,000ha.

The measure applies to the municipalities of Suratá, Matanza, California, Vetas, Charta, Tona and Bucaramanga in Santander department.

Under the resolution, while the reserve is in place, mining and environmental authorities are prohibited from granting new mining concessions, special exploration and extraction contracts, or any other agreements under special regimes.

They are also barred from issuing new environmental permits or licenses for mineral exploration or extraction, pending studies on the protection and conservation of renewable natural resources.

However, the restrictions do not apply to mining projects that already have a valid mining title, technical mining plan and environmental permit. Modifications or extensions to existing permits, authorizations, or concessions may still be granted, provided they do not expand the number of mining fronts or increase extraction volumes beyond what was originally approved.

According to the resolution, the reserve is aimed at "preventing and controlling degradation processes in the water basins, addressing physical, chemical and ecological imbalances that threaten their integrity due to uncontrolled mining activities."

The environment ministry stated that the measure is intended to protect key areas and ecosystems essential for managing water cycles, soil conservation, biodiversity and ecosystems, ensuring their availability for various territorial uses.

Limited public participation

Despite the environment ministry's efforts to hold public consultations, local communities and authorities had participated only limitedly. Public meetings took place between January 17 and February 5 in six of the seven affected municipalities, but turnout was low, Laura Lizarazo, a global risk analyst at consultancy Control Risks in Colombia, told BNamericas.

This lack of engagement could trigger new waves of protests, particularly from small-scale and artisanal miners in the region, demanding the repeal or modification of the resolution, Lizarazo added.

The Santander mining association (Asomineros) has announced legal action against the resolution, while the committee for the defense of the Santurbán moorland has expressed its support for the measure.

"This case exemplifies the ongoing tensions between extractive activities, which provide significant fiscal and tax contributions to local and national governments, and environmental protection mandates in ecologically sensitive areas," Lizarazo underlined.

Meanwhile, Juan Camilo Nariño, president of the Colombian mining association (ACM), criticized the measure for being implemented without meaningful consultation with local communities and authorities, arguing that it negatively impacts thousands of families in the region.

"It is unacceptable to impose measures of this magnitude without solid technical studies or a prior consultation process that ensures balanced territorial development," Nariño said in a statement.

Changes in Soto Norte

Canadian mining company Aris Mining, which operates in Santurbán, stated in a recent release that the environment ministry's resolution does not affect its Segovia operations, the Marmato mine, or the lower mine project, as all are fully permitted and outside the designated area.

In Santander, Aris Mining also owns the Soto Norte gold, silver and copper project in the California area, which the company considers one of the world's largest undeveloped underground gold initiatives.

CEO Neil Woodyer noted that since the consultation process for the temporary reserve began last November, the company has continued advancing environmental and technical studies for a scaled-down version of Soto Norte.

According to Woodyer, this revised version aligns with the resolution's environmental protection objectives and is expected to be completed by mid-year, though the project remains several years away from development.

The new approach includes smaller-scale mining operations, reduced environmental impact, and new processing options to support local small-scale miners.

"Building on our successful partnerships with small-scale miners at our other Colombian operations, the Soto Norte project offers a responsible solution to mitigate the existing damage caused by unauthorized mining activities in the Santurbán region," Woodyer said.