The norm, in detail
Neuquén moves toward its first mining royalties (2-3%) and toward rewriting its 1975 mining code
Executive bills in committee (March 2026) — File GPN, IF-2026-00616166-NEU-GPN
pendingPROVINCIAL
Energy and natural resources
What changed and who it applies to
What changed
TWO structural changes for Neuquén mining: (A) Royalties — for the first time the province would charge mining royalties (until now 0%). Art. 6 of the bill sets a scale on the mine-mouth value of all extracted minerals: 3% when the products undergo processing outside the provincial territory, and 2% when they undergo intermediate and/or final processing inside Neuquén (an explicit incentive to local value-added). It covers 1st- and 2nd-category minerals of the National Mining Code and 3rd-category ones on fiscal-domain land (Art. 1); the mine-mouth value is determined by Art. 22 bis of National Law 24.196 (Art. 6). It exempts micro-enterprises (Art. 5) and extraction for scientific research / public works (Art. 4). It creates the Mining Development and Environmental Sustainability Fund (FODEMSA, Art. 9-11, an account at Banco Provincia de Neuquén) and the Mining Oversight Fee via an "Oversight Unit" equal to twice the rate of the Annual Tax Law (Art. 12); quarterly tax filing (Art. 7). (B) MINING CODE — the package's second bill: a 288-article Mining Procedure Code that would replace the 1975 Law 902, with digitization of file processing, environmental provisions raised to legal rank, dispersed rules organized in a single body, tighter inactivity deadlines for claims and a regime for 3rd-category (construction) minerals with 10-year extendable concessions and a mandatory fee. That articulation is not part of the royalties text: it is described by the provincial press (Río Negro, 05/15/2026), which also reports that deputy Damián Canuto is working on a "more compact" version of the Code. And the royalties text does NOT name lithium, copper or potassium: it uses the national classification (1st/2nd/3rd category), within which they fall without being enumerated. verif · May 15, 2026 ↗
In force
Not in force. Bills in committee (Energy Committee) as of 05/15/2026, without a report. Submitted by the Executive at the opening of the March 2026 sessions. As of 07/16/2026 they remain NOT enacted: the Legislature resumes activity on 07/27/2026 after the winter recess and the governing bloc stated it seeks to enact them before year-end prob press. unconf · May 15, 2026
Who it affects
Any natural or legal person, public or private, national or foreign, that exploits, industrializes and/or markets minerals granted by the provincial State (Art. 5); joint liability among co-holders. Micro-enterprises are exempt (def. Art. 55 Law 25.300). Concretely: future lithium, copper, gold and potassium projects developed in Neuquén, today without a royalty burden — among them the Andacollo mine, which according to the provincial press the province plans to re-tender via Cormine. For the satellite ecosystem: mining, environmental and oversight-service providers gain new demand (tax filings, control, FODEMSA), and the 2% vs 3% differential rewards whoever installs processing inside the province. verif · May 15, 2026 ↗
The norm
A package of TWO bills sent by the Executive (governor Rolando Figueroa) to the Legislature of Neuquén at the opening of the March 2026 session, under review in the Energy Committee (no committee report as of May 15, 2026): (1) "Régimen de Regalías Mineras y Tasa de Fiscalización de la Actividad Minera" (mining royalties and mining oversight fee regime) — Executive file id IF-2026-00616166-NEU-GPN (19 articles; official text published by the Legislature, file 30090V_39468.pdf); (2) a new Código de Procedimiento Minero (mining procedure code) of 288 articles plus annexes, which repeals and replaces provincial Ley 902 (in force since 1975). LAW NUMBER: not applicable yet (these are bills, not enacted law). Pending confirmation in the primary source: the exact parliamentary file number of each bill and the precise date each entered the Legislature. prob · May 15, 2026 ↗
Our reading
Neuquén put on the table the mining scaffolding it lacked: a digitized 288-article code to retire the 1975 Law 902, plus its first royalties regime, with a low, pro-investment rate (2-3%) that penalizes what leaves raw and rewards processing inside. Both are bills, still unenacted — but they already mark the fiscal path the mining and lithium investor needs to read, just as Vaca Muerta drives diversification toward lithium, copper and potassium. For the satellite supplier, what opens up is new service demand for oversight, environmental and local-processing services. thesis
Where it lands, province by province1
Neuquén Bills in progress: mining-code modernization after 51 years (288 articles, digitization, environmental provisions to legal rank) and the first provincial mining-royalties regime — 3% if processing is outside the province, 2% if inside. It covers 1st- and 2nd-category minerals of the Mining Code, and 3rd-category ones on fiscal land. favorable thesis
The other rules on this subject28
The State reorders the trunk gas pipelines and forces firm transportation contracts to be redrawnRes. SE 66/2026 (Official Gazette, Mar 13, 2026) + Res. ENARGAS 409/2026in execution
Hydrocarbons: the prior domestic-offer step for exports is goneSE Res. 166/2026 (Official Gazette, Jul 22, 2026)in force
The Comahue returns to private hands: 4 dams awarded in concessionRes. 2124/2025, Ministry of Economy (Official Gazette Dec 30, 2025)in force
End of segmentation: energy subsidies are targeted at those who need themDecree 943/2025 (Official Gazette, Jan 2, 2026)in force
Ignacio Aredez· Chief analyst
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