Ley 25.429

***Comment. This Article determines which persons are not allowed to apply to the mining investmenton judiciary grounds while persons considered under paragraph (as) are unauthorized on judiciarygrounds while persons considered under paragraph (b) have failed to comply with some State-relatedobligation.ARTICLE 4: This Investments System will apply in all the provinces which formthe national Territory having expressly adhered to same under the terms of thislaw.Adhesion shall be implemented through this law, issued by each province in itscorresponding jurisdictions.***Comment. This Article allows Provinces to determine and apply the present régime to theirrespective jurisdictions and venues, on the basis a federal support.CHAPTER IIIACTIVITIES INCLUDED HEREINARTICLE 5: The activities included in the Régime instituted by this law are:a) Prospection, exploration, development, preparation and extraction andextraction of mineral substances included in the Mining Code.b) Crushing, milling, benefit, pelletization, synteriztion, briqueting, primarymanufacture, rosting, foundry, refinery, sawing, carving, polishing andshining, provided they are done by the same economic unit and regionallyintegrated with activities described in paragraph a) of this article as afunction of the availability of the necessary infractructure.***Comment. A convenient frame of business activity is given, restricting the territorial aspect to amultipurpose scale.ARTICLE 6: The following activities are excluded from the régime of this law:a) Liquid and gaseous hydrocarbons.b) Industrial manufacture of cement based on roasting inclusive, of mineralmaterials.c) Industrial manufacture of ceramics.d) Sand, boulders and chipped stones for construction.***Comment. Different steps must be delimited within the mining activity, such as: "Prospecting andexploration", "ore extracting", "ore beneficiating" and "industry". Even though there exists no problem indefining the first two steps, we face some difficulties in determining a universal limit between thebeneficiating, and industrial stages in as much as specific differences exist within each mining activity.Taking into account this type of problems, all activities encompassed in prospection, exploration, andextracting stages (Article 4, clause (2), and activities linked to beneficiating and industrial stages(Article 5, clause 5, clause (b), have been designed as "included activities" --with the specificallydetermined exceptions to be found in Article 6. Defining the so called "included activities" responds apolitical decision of fostering mining activities implying a marked risk.CHAPTER IVFISCAL TREATMENT OF INVESTMENTSARTICLE 7: The general taxing system with the amendments established inthis chapter shall apply to all parties developing the activities included in thisrégime according to the provisions of Chapter III.18