The National Government presented a Bill of Law, that seeks to attack illegal mining with more severe penalties.

Illegal mining, contemplates a series of drastic sanctions to which all people who commit infractions against the environment and natural resources are exposed.; Below we present some of them and we call on those who violate environmental regulations..

Criminal Sanctions (Colombian Penal Code)

Article 338. Illicit exploitation of mining deposits and other materials:

Anyone who, without permission from the competent authority or with non-compliance with existing regulations, exploits, explore or extract mining deposit, or explode sand, stone or drag material, of river beds and banks by means capable of causing serious damage to natural resources, will go to prison 32 a 144 months. Additionally, you will be punished with a fine between 133.33 a 50.000 current monthly legal minimum wages.

Article 333. Environmental pollution due to exploitation of mining or hydrocarbon deposits:

The one who provokes, contaminate or carry out directly or indirectly in water resources, floor, subsoil or atmosphere, on the occasion of extraction or excavation, exploration, construction and assembly, exploitation, benefit, transformation, transportation of mining or hydrocarbon activity, will be imprisoned for five 5 to ten 10 years old. The fine for this violation ranges from 30.000 a 50.000 current monthly legal minimum wages.

Article 331. Damage to natural resources:

Whoever, by failing to comply with existing regulations, destroys, make it disappear or in any other way, damage natural resources, will incur in prison of 48 a 108 months. A fine will be imposed between 133.33 15.000 current legal monthly minimum wages.

Administrative Sanctions (Law 1333 of 2009)

The article 40 of this Law, establishes that the violator of environmental regulations will be imposed, according to the seriousness of the infraction through a reasoned resolution, one or more of the following sanctions:

– Daily fines of up to five thousand (5.000) current legal monthly minimum wages.

– Temporary or permanent closure of the establishment, building or service.

– Revocation or expiration of environmental license, authorization, concession, permit or registration.

– Demolition of work at the expense of the offender.

– Definitive confiscation of specimens, exotic wild species, products and byproducts, elements, means or implements used to commit the offense.

– Restitution of specimens of wild fauna and flora species.

Decree 2235 of 2012: Destruction of heavy machinery and its parts used in mineral exploration or exploitation activities without the authorizations and requirements provided for by law..

Recently the National Government presented a Bill, that seeks to attack illegal mining with more severe penalties; The idea is to strengthen legislation to increase controls throughout the value chain of illicit mining and protect the environment more effectively..