Contradicción entre Ley de Minería y la Ordenanza Municipal del cantón Lago Agrio referente a yacimientos meros y petróleos.

Abstract

Research focused on supporting workers and concessionaires involved in the exploitation, heavy transportation and marketing of stone and aggregate materials destined for the construction of the Lago Agrio canton in the province of Sucumbíos. To obtain it, it is imperative to specify a legal framework that ensures effective compliance with obligations by the mining industry, as well as ensuring the adequate imposition of requirements and conditions by the municipal entity of this locality. The legal problem is that it has been identified that there is a discrepancy between the Municipal Ordinance of Lago Agrio that indicates audited semiannual production reports, however, it contravenes what is decreed by articles 142 and 138 of the Mining Law of Ecuador, which prohibits determining obligations different from those already agreed upon; that is, only annual and requires that production reports be made by sworn statement before a Notary before March 31; and no penalty is imposed when it is not presented a time. The purpose of the academic article will be to outline guidelines to transform the municipal regulations of Lago Agrio, with the purpose of resolving the contradiction between these legal bodies and thus achieving a coherent regulation that harmonizes these laws with each other.