Informal mining is “constituted by the units of small and medium farms individually owned and without any type of accounting records ”, that is, it is carried out by small miners, in an artisanal way. Typically this is people who carry out the mining activity of yesteryear, rustic and not for the purpose of massive exploitation, but for subsistence. This kind of mining is especially problematic, because although its exercise generates negative impacts, these will always be less scale than those generated by large companies engaged in mining exploitation, but, in any case, being exercised in a so rustic, the preservation of the environment is not taken into account, which generates serious damage to natural resources, in addition to Due to its form of incorporation, it frequently evades the payment of taxes. For all the above, the purpose of the State is to formalize mining activity, to exercise greater monitoring and control19; without However, this generates many costs for informal miners, which translates into disinterest in formalization and remains the illegality of the activity.(López, 2017)
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The laws breaking illegal mining:
Mine prospecting: Mine prospecting is free, except in territories defined as mining areas for ethnic minorities. Prospecting is a process to investigate the existence of minerals by delimiting promising areas and its methods consist, among others, in the identification of outcrops, geological cartography, geophysical and geochemical studies and surface research. Subsoil methods are excluded from prospecting (article 39 and 40).(RODERO, 2017)
According to the research project Environmental criminal law funded by the University of Bogotá Jorge Tadeo Lozano, which identified the dogmatic problems and criminal policies in relation to the crime of environmental pollution in Colombia, from article 332 of the Colombian Penal Code (CP) , as well as the crime of environmental pollution by exploitation of mining or hydrocarbon deposits typified in article 333 of the same normative instrument.(López, 2017)