Countries › Peru › Guide › 12. Sectors › Mine closure in Peru: the closure plan, five year reviews, progressive closure, financial guarantees and public notice
Mine closure in Peru: the closure plan, five year reviews, progressive closure, financial guarantees and public notice
Last verified: 2026-10-28 · Status: Stable
Every mining operation in Peru must have a Plan de Cierre de Minas approved by the Ministry of Energy and Mines, filed within one year of the approval of its environmental impact study, and must close areas progressively during the life of the mine. The plan states the cost of rehabilitation for operation, final closure and post closure, and the holder must post a financial guarantee covering that estimated cost, through bank instruments, cash deposits, trusts or Civil Code guarantees, released only once the measures are done. The plan is reviewed at least every five years, is published in the official gazette and a regional newspaper for public comment, and closure duties survive the end of the mining title.
USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT based amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.
Key facts
| Deadline to file the mine closure plan after EIA approval | 1 yearLey 28090 art. 7, as of 2026-10-28 · in force |
|---|---|
| Maximum interval between closure plan reviews | 5 yearsLey 28090 art. 9, as of 2026-10-28 · in force |
| Closure progress reports to MINEM | 2 per yearLey 28090 art. 6, as of 2026-10-28 · in force |
The rule
1. Mine closure applies to all mining activity: new units that start or restart after the law took effect and units already operating. The Plan de Cierre de Minas is an environmental management instrument of technical and legal measures to rehabilitate the areas used or disturbed so that they reach an ecosystem compatible with a healthy environment, with measures before, during and after the end of operations.
Cost to do it: Preparing the plan and its cost estimate is a private consulting cost; the law sets no filing fee.
Example: A gold heap leach operation in La Libertad must plan from the start how pads, pits and waste dumps will be closed and at what cost. / A US$300 million copper project budgets closure from the feasibility stage, because the plan and guarantee follow within a year of the EIA.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 1 to 3, 2003-10-14 official text · verified 2026-10-28
Cost to do it: Preparing the plan and its cost estimate is a private consulting cost; the law sets no filing fee.
Example: A gold heap leach operation in La Libertad must plan from the start how pads, pits and waste dumps will be closed and at what cost. / A US$300 million copper project budgets closure from the feasibility stage, because the plan and guarantee follow within a year of the EIA.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 1 to 3, 2003-10-14 official text · verified 2026-10-28
2. The Ministry of Energy and Mines approves closure plans and oversees compliance and sanctions. The plan must describe rehabilitation measures, their cost, timing and control methods for the operation, final closure and post closure stages, and state the amount and schedule of the environmental guarantees. The holder must implement the plan from the start of activities, report progress every six months, and post a guarantee covering the estimated cost of the plan.
Cost to do it: Semiannual progress reports and the guarantee (rule 4) are recurring costs.
Example: If the approved closure budget is S/ 60,000,000, the guarantee schedule in the plan must build up cover for that amount. / A closure budget of S/ 60,000,000 is about US$17,381,228 of guarantee capacity a bank or insurer must be willing to issue.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 4 to 6, 2003-10-14 official text · verified 2026-10-28
Cost to do it: Semiannual progress reports and the guarantee (rule 4) are recurring costs.
Example: If the approved closure budget is S/ 60,000,000, the guarantee schedule in the plan must build up cover for that amount. / A closure budget of S/ 60,000,000 is about US$17,381,228 of guarantee capacity a bank or insurer must be willing to issue.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 4 to 6, 2003-10-14 official text · verified 2026-10-28
3. The plan must be filed within one year after approval of the Environmental Impact Study (EIA) or the PAMA. It is carried out progressively during the life of the mine on the approved schedule, with remaining areas closed when activities end. It must be reviewed at least every five years from its last approval to update values and adapt to new conditions, and the authority can require changes when the production process changes substantially. The authority certifies the final closure of each area, work or facility once the plan has been complied with.
Cost to do it: Five yearly updates mean new cost estimates and, usually, a recalculated guarantee.
Example: An EIA approved on 15 March 2026 means the closure plan is due by 15 March 2027; an update follows by March 2032 at the latest. / Budget for a full plan update, including consultants and a revised guarantee, at least every five years.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 7 to 10, 2003-10-14 official text · verified 2026-10-28
Cost to do it: Five yearly updates mean new cost estimates and, usually, a recalculated guarantee.
Example: An EIA approved on 15 March 2026 means the closure plan is due by 15 March 2027; an update follows by March 2032 at the latest. / Budget for a full plan update, including consultants and a revised guarantee, at least every five years.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 7 to 10, 2003-10-14 official text · verified 2026-10-28
4. The holder must post guarantees in favour of the authority to cover the cost of rehabilitation for the operation, final closure and post closure periods, using one or more of: instruments under the Banking Law (Ley 26702), cash deposits in financial institutions, trusts under articles 241 or 274 of Ley 26702, or Civil Code guarantees satisfactory to the authority. The authority must release the guarantees once rehabilitation is completed. The accounting provision for closure is recorded from the year the holder must post the guarantee.
Cost to do it: Bank letter of guarantee or insurance fees, trust fees or cash locked up for the guaranteed amount until release.
Example: A miner posts a bank letter of guarantee for the year's tranche of a S/ 60,000,000 closure cost; the bank fee is a private commercial cost negotiated with the bank. / Cash collateral of about US$17,381,228 would be trapped until closure is certified, so most operators use bank or trust instruments.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 11 and 12, 2003-10-14 official text · verified 2026-10-28
Cost to do it: Bank letter of guarantee or insurance fees, trust fees or cash locked up for the guaranteed amount until release.
Example: A miner posts a bank letter of guarantee for the year's tranche of a S/ 60,000,000 closure cost; the bank fee is a private commercial cost negotiated with the bank. / Cash collateral of about US$17,381,228 would be trapped until closure is certified, so most operators use bank or trust instruments.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 11 and 12, 2003-10-14 official text · verified 2026-10-28
5. The operator must publish the closure plan it submits for approval in the official gazette El Peruano and in a newspaper of the regional capital or of national circulation, and send a copy to the regional, provincial and district authorities where the works will be done. Citizen organisations with legal personality and directly affected persons may file written, reasoned observations.
Cost to do it: Publication costs in El Peruano and a regional newspaper are borne by the operator.
Example: A plan for a mine in Puno is published in El Peruano and a Puno newspaper, and copies go to the regional government, the province and the district. / Community observations can delay approval, so budget time for responses in the project schedule.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 13, 2003-10-14 official text · verified 2026-10-28
Cost to do it: Publication costs in El Peruano and a regional newspaper are borne by the operator.
Example: A plan for a mine in Puno is published in El Peruano and a Puno newspaper, and copies go to the regional government, the province and the district. / Community observations can delay approval, so budget time for responses in the project schedule.Ley Nº 28090, Ley que regula el Cierre de Minas (El Peruano 14 October 2003), Art. 13, 2003-10-14 official text · verified 2026-10-28
6. Closure does not affect the validity of the mining concessions or other rights, which follow their own titles, but the holder's obligations under the closure plan do not end when the title is extinguished. In case of imminent risk to health or the environment, the Dirección General de Minería may require the holder to close the components involved immediately. Closure of environmental liabilities under Ley 28271 is outside this regulation.
Cost to do it: No fee; the risk is a closure liability that survives the sale or lapse of the concession.
Example: Letting a concession lapse after mining does not end the duty to close the pits and dumps covered by the approved plan. / A buyer of a mining company inherits its closure obligations and guarantees, so they belong in due diligence and the price.Reglamento para el Cierre de Minas, Decreto Supremo Nº 033-2005-EM (MINEM copy), Art. 2 to 4, 2005-08-15 official text · verified 2026-10-28
Cost to do it: No fee; the risk is a closure liability that survives the sale or lapse of the concession.
Example: Letting a concession lapse after mining does not end the duty to close the pits and dumps covered by the approved plan. / A buyer of a mining company inherits its closure obligations and guarantees, so they belong in due diligence and the price.Reglamento para el Cierre de Minas, Decreto Supremo Nº 033-2005-EM (MINEM copy), Art. 2 to 4, 2005-08-15 official text · verified 2026-10-28
| Stage | Duty | Article |
|---|---|---|
| EIA or PAMA approved | File the closure plan within one year | Art. 7 |
| Plan filed | Publish in El Peruano and a regional or national newspaper; notify local authorities | Art. 13 |
| Approval | Post guarantees on the approved schedule; book the closure provision | Art. 11 and 12 |
| Operation | Progressive closure; reports every six months | Art. 6 and 8 |
| Every five years at most | Review and update the plan and its cost | Art. 9 |
| End of operations | Close remaining areas; certificate of final closure per area | Art. 8 and 10 |
| After rehabilitation | Release of guarantees | Art. 11 |
Mine closure timeline under Ley 28090
Worked example
- A mid size copper mine with an approved closure cost of S/ 60,000,000 (about US$17,381,228) must keep guarantees covering that estimate, report closure progress every six months and update the plan at least every five years; the guarantee is released only after the authority verifies the rehabilitation.
Step by step
- Build closure design and cost into the feasibility study and EIA, since the plan follows within a year of EIA approval (Ley 28090 art. 7).
- File the plan with MINEM, publish it in El Peruano and a regional newspaper, and send copies to local governments (art. 13).
- Arrange bank, cash, trust or Civil Code guarantees on the approved schedule (art. 11).
- Report progress every six months and close areas progressively (art. 6 and 8).
- Update the plan within five years of its last approval, or earlier if the process changes (art. 9).
- Request certificates of closure per area and release of guarantees when done (art. 10 and 11).
Common traps
- Closure duties survive the lapse or waiver of the concession (DS 033-2005-EM art. 3), so walking away from a title does not walk away from the liability.
- Guarantee cover follows the latest approved cost estimate; a five year update usually raises it, which can strain bank lines.
- Legacy liabilities from earlier operators are governed by a separate law, Ley 28271, and should be mapped separately in due diligence.
Sources
- Ley Nº 28090, gob.pe copy
- Ley Nº 28507 (2005), amending the transitional deadline of Ley 28090, Congress archive
- Reglamento para el Cierre de Minas, DS 033-2005-EM, MINEM copy on gob.pe
Related pages
- sectors/mining-energy-and-key-sectors
- sectors/mining-royalty-and-special-mining-tax
- investing/environmental-certification-and-prior-consultation
- regulation/regulatory-compliance-essentials
- /country/peru/
- Live dashboard
Related: Peru country profile · live dashboard · central bank and release calendar · our posts on X
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