
GREAT SOUTHERN COPPER PLC
STRATEGIC REPORT (CONTINUED)
YEAR ENDED 31 MARCH 2024
20
Government Regulation
The licences and operations of the Company are in jurisdictions outside of the UK and there will,
therefore, be a number of risks that the Company will be unable to control.
Whilst the Company will make every effort to ensure that it has robust commercial agreements in place,
there is a risk that the Company may be adversely affected by political factors such as taxes and
charges, suspension of licences and changes to the laws governing mineral exploration and extraction
activities. The adoption of a mining royalty tax in Chile may adversely affect the Company's operations
in the future.
On 10 August 2023, a mining royalty law was enacted which introduces a new royalty system payable
by copper mining companies. The law contains a variable royalty rate, dependent on the quantity of
copper sold and will apply to companies producing more than 50,000 metric tonnes of fine copper per
annum. The Company is aware of the law and will continue to monitor relevant regulations and any
other proposed changes and specifically the impact they could have on any potential future operations
of the Company.
Permitting
The Company's rights to the exploration projects are defined by option agreements that its subsidiary,
PTRC, has over the exploration and exploitation concessions at these projects. The option agreements
and all of the concessions are in good standing.
Exploration concessions in Chile currently last for 2 years, counted since their constitution by judicial
ruling, and are subject to the payment of annual fees to the Chilean Treasury. If these fees are not paid
in a timely manner, the claim can only be restored to good standing by paying double the annual fee
the following year. At the end of the two-year period, the exploration concession may i) be renewed for
an additional two years, in which case at least 50% of the surface area of the exploration concession
must be relinquished, or ii) be converted, totally or partially, into an exploitation concession. Pursuant
to article 112 of the Mining Code, amended by Law No. 21,420 of 4 February 2022 which became
effective on 1 January 2024, exploration concessions will have a duration of 4 years counted since
their constitution (and the 4-year period cannot be extended).
Exploitation concessions are valid indefinitely so long as annual fees are paid to the Chilean
government. Pursuant to article 142 bis of the Mining Code, added by Law No. 21,420 of February 4,
2022 which became effective on 1 January 2024, the annual fee for proving the start and maintenance
of mining works will be US$8/ha. In the event that the exploitation concessions do not comply with
such requirement (maintenance of mining works), a progressive annual fee will be applied for the
aforementioned measure, as follows:(i) USD32/ha for the first 5 years of validity; (ii) USD64/ha from
year 6 to year 10; (iii) USD72/ha from year 11 to year 15; (iv) USD96/ha from year 16 to year 20; (v)
USD240/ha from year 21 to year 25; (vi) USD580/ha from year 26 to year 30; and (vi) USD960/ha from
year 31. Pursuant to article 142 bis of the Mining Code, added by Law No. 21,420 of February 4, 2022
which became effective on 1 January 2024, the annual fee for proving the start and maintenance of
mining works will be US$8/ha.
The process to incorporate an exploitation concession is based on the principle that grants preference
to the first petitioner before the local court. The holder of an exploration concession in good standing
has the preferential right to incorporate an exploitation concession within the boundaries of its
exploration concession. Notwithstanding, anyone can request the incorporation of an exploitation
concession within the limits of the exploration concession of a different owner, in which case the holder
has to file a claim opposing the aforementioned constitution, within 30 days, counted from the date of
publication of the application made by the interested third party. Exploration and exploitation
concessions do not necessarily imply a right to mine, except on a small scale. However, they give the
owner the right to mine subject to the granting of permits.
There is no guarantee that any of PTRC’s granted exploration concessions, or any exploration
concessions granted in the future, will be renewed. Additionally, there is no guarantee that PTRC’s
exploitation concessions granted or to be granted can be effectively maintained by payment of the
appropriate annual licence fees or by means of compliance with any new regulation that may control