Who owns the copper concentrate in the Donoso mine?

I have been reading the news for the past few days that warn of danger and environmental risk to store copper concentrate for a long time in the Donoso mine, but what is copper concentrate?, is the first question that should be asked to all Panamanians.

To answer him, I resorted to searching sources of information related to the mining sector and I found one that simply tells us: “It is the basic raw material in the copper production process. In nature, this metal is present in numerous minerals, with a percentage that varies between approximately 0.3% and 10%. After it is extracted from the deposit, in the facilities they are applied various techniques mining that increases the concentration of copper up to 20-35%.”

This means that it is a product that has undergone processing and results in a processed raw material and not product only taken from nature.

I think this definition is very relevant, all the time, for To answer the question of who is the owner, we will have to determine What type of good is it and its regulatory framework.

Since the ruling on unconstitutionality established that there is no mining concession from publication in the Official Gazette on December 2, 2024. The first thing that must be documented is the date of extraction and processing in order to establish ownership – this is a public fact that was already stored at the time of the announcement of the judgment – this as a starting point, so that the disposal of this raw material can be carried out as soon as possible with security conditions from the state authorities and with respect to the applicable regulations, but above all to avoid further conflicts in the relationship that must now be ended in an organized manner. following the regulations of the Mining Code.

We must remember that before the judgment the contract between the state and the mining company remained in force and therefore extended its effects to everything that happened at that time. That’s why we have to take as a reference what has been established See the article for the Code of Mineral Resources in relation to the extracted product 2: Mineral deposits of all kinds that exist throughout the territory of the Republic of Panama, including the islands, territorial sea, underwater bed and subsoil, and the continental shelf are the property of the state, with limitations established by the Constitution in its article 254. They cannot be the subject of private appropriation, but usufruct may be granted to them in the form and under the conditions which The Constitution and this Code indicate. Minerals extracted through granted mining concessions in accordance with this Code, they belong to the concessionaire.

Answering the question of who owns the copper concentrate, It is up to the authorities to facilitate all the necessary procedures in order to avoid the risk to the environment for the company to dispose of it and eliminate the dangerous condition of maintaining unlimited storage of this processed raw material.

In this sense, it seems appropriate to recall what Article 115 of the Law on Mineral Resources indicates in this regard: All necessary measures will be taken to return the land surface to the condition it was in before the start of work. The same will be done to eliminate hazardous conditions arising from operations. No mining operation may be completed or abandoned until this provision is complied with.

In conclusion, The state, at this time, It must facilitate procedures for the mining company to have its processed product, such as its equipment and other types of materials that can be found in the exploitation area. It is necessary to eliminate dangerous conditions and advance the process. care and safe maintenance that is required after the judgment on the unconstitutionality of Act 406, “WHICH APPROVES THE MINING CONCESSION AGREEMENT BETWEEN THE STATE AND SOCIEDAD MINERA PANAMÁ, SA.”