General Law for the Prevention and Integral Management of Wastes

The General Law for the Prevention and Integral Management of Wastes of 2003, amended significantly in 2023, establishes Mexico's comprehensive framework for waste management, with recent provisions specifically addressing mining and metallurgical waste related to critical minerals. The law enacted in 2023 established general guidelines for hazardous and non-hazardous waste but did not specifically address mining or metallurgical waste from critical mineral operations. The 2023 amendment responded to growing concerns about environmental impacts from mining activities and the need for stronger regulation of mining waste, particularly as global demand for critical minerals increases.

The law creates a comprehensive waste management system that categorises and regulates different types of waste. It establishes federal, state, and municipal responsibilities for waste management and requires waste generators to develop management plans. The 2023 amendment introduced specific provisions for mining and metallurgical waste, making them federally regulated. 

Key aspects include:

• Permanent responsibility of mining concession holders for waste management
• Prohibition of waste disposal in protected areas, wetlands, and waterways
• Requirements for financial guarantees to cover potential environmental damages
• Mandatory restoration and post-closure mine programmes
• Specific regulations for battery waste containing critical minerals like lithium, nickel, and cobalt
• Creation of a national waste information system

The law defines recycling as the transformation of waste through processes that restore economic value while avoiding disposal, and establishes general frameworks for:

• Management plans from producers and generators of hazardous and special wastes
• Technical requirements for in-site recycling of hazardous materials
• Federal promotion of recycling technologies and economic incentives

Also, the law addresses trade of recyclable materials primarily through provisions on hazardous waste imports and exports (Articles 85-94). While the law permits imports exclusively for recycling or reuse purposes, it focuses on regulatory controls such as prior consent requirements,  a mandatory tracking system for transboundary movements, and financial guarantees or insurance for international waste transfers. Furthermore, the Ministry holds authority to restrict imports if they could discourage domestic recycling efforts. 

The 2023 amendment specifically addresses gaps in the regulation of mining and metallurgical waste, responding to the growing importance of critical minerals in the global economy. The law's enhanced provisions for financial guarantees and post-closure management aim to ensure long-term environmental protection and reduce the risk of abandoned contaminated sites. Implementation of these new requirements will affect both existing mining operations and future projects involving critical minerals.

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