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Mining formalization
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Mining formalization: the routes to operate under a title in Colombia

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In brief

What it is

The move from mining without a title to mining under a legal structure, chosen according to the situation of each miner and each area.

When you need it

  • You have been mining an area for years without a mining title
  • You have been mining for years inside someone else's title
  • You need the temporary environmental licence to formalize

What we deliver

  • Diagnosis of the miner and the area
  • Applicable formalization structure
  • Application with technical and environmental documents

Formalization is the process by which a traditional miner working without a title comes to operate under a structure recognized by law. With that step the miner takes on technical, environmental and safety obligations they did not have before, through procedures before the Mining Authority and the Environmental Authority.

The routes to formalization

The applicable route depends on the miner's situation and on whether the area is free:

  • Special Reserve Area: the Mining Authority delimits it where traditional operations exist and grants the concession to that community.
  • Formalization subcontract: agreed with the title holder, it applies to the small-scale miner who was already mining within that title before 15 July 2013.
  • Return of areas: the holder returns part of the area so that those mining it can be formalized.
  • Differential requirements: a concession contract for small-scale miners, beneficiaries of returned areas and ethnic communities.
  • Subsistence mining: registered with the municipality, renewed every year and, on private land, requiring the owner's authorization.

The PTOD and the temporary environmental licence

A small-scale miner in formalization submits a Differential Mining Work Program, the PTOD. On the environmental side, with the act certifying the formalization process, the miner applies for the temporary licence and submits an environmental impact assessment prepared to differential terms of reference. That licence has a time limit, because once the contract is granted or the subcontract registered there is one year to obtain the definitive licence. If the year passes without it, the temporary licence lapses and closure follows.

What changes for the formalized miner

A formalized miner is listed as an authorized mining operator and can sell mineral with a certificate of origin, no longer exposed to the seizure of machinery and product. In Antioquia, since 2024, these procedures are handled directly by the Mining Authority.

From diagnosis to the filed application

The work starts with an assessment of the miner's situation and of the area, because that determines which structure applies. With the structure defined, we prepare the application and the technical and environmental documents it requires with you, and explain which obligations and deadlines you take on. The decision on each application rests with the Mining Authority and the Environmental Authority.

Legal framework

  • Law 685 of 2001, art. 31Special Reserve Areas for traditional mining operations
  • Law 1753 of 2015, art. 19, and Decree 1949 of 2017Formalization subcontract and return of areas
  • Law 1955 of 2019, art. 326, and Decree 1378 of 2020Concession contract with differential requirements (PCCD)
  • Law 1955 of 2019, art. 327Subsistence mining: municipal registration and annual renewal
  • Law 2250 of 2022, arts. 6 and 29PTOD and temporary environmental licence for formalization
  • Resolution 1830 of 2024 of the Ministry of EnvironmentProcedure, terms of reference and validity of the temporary licence
  • Resolution 1141 of 2023 of the National Mining AgencyEnd of the mining delegation to the Government of Antioquia

Regulations reviewed in October 2026. This is general guidance; the decision on each procedure rests with the competent authority.