The survey (mensura) of a mining concession: deadlines, opposition and judgment

When to request it

It is requested in the same case file from day 91 to day 120, both included, counted from filing the manifestación at the court (Code art. 59 and Regulation art. 23).

Opposition

A holder of an earlier pedimento or manifestación can oppose within 30 days of the request's publication (art. 61). Opposition goes in the same file, and the opponent requests their own survey or joinder of the cases (art. 64).

The parties cannot let that case stand still for more than three months. After that with no useful step, anyone can ask that the rights of both lapse (art. 70).

The field survey

It takes place once the term ends with no opposition, or once the judgment on it is final. A mining engineer or an expert from the Service's list carries it out, and no objection is admitted during the act (art. 71). It locates the vertices on the ground with the UTM coordinates of the request (art. 72) and sets markers (art. 74). It cannot cover existing pertenencias or leave the requested perimeter (art. 73).

SERNAGEOMIN's report and the judgment

The Service reviews the record and plan within 60 days of receiving the file (art. 79) and says whether the survey covers constituted pertenencias or ones in process with a preferential right. If so, the judge orders publication and notice to those registered, who have 60 days to oppose (art. 83). If all is in order, the judge issues the judgment; if defects cannot be cured, the judge denies it and orders the entries cancelled (art. 85).