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up to date · reviewed Jul 16, 2026
Not in force yet

Neuquén proposes mining royalties of 2-3% and a rewrite of its 1975 mining code

Executive bills in committee (March 2026) — File GPN, IF-2026-00616166-NEU-GPN
pendingPROVINCIAL Energy and natural resources

In committee since March 2026: the bill sets mining royalties in Neuquén, at 3% if the ore is processed outside the province.

The other rules on this subject43

Energy: free export of hydrocarbons and gasDecretos 1057/2024 and 1060/2024in force
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 pre-export local offer fallsSE Res. 166/2026 (Official Gazette, Jul 22, 2026)in force

What changed and who it applies to

What changed
TWO structural changes for Neuquén mining. (A) Royalties: the bill the governor signed on 03-02-2026 sets in its art. 6 a scale on the mine-mouth value of all extracted minerals: 3% when the products are processed outside the province and 2% when they undergo intermediate or final processing inside Neuquén (an explicit incentive to local value added). It covers 1st- and 2nd-category minerals of the Código de Minería de la Nación and 3rd-category ones on fiscal-domain land (art. 1); the mine-mouth value is determined by art. 22 bis of Ley nacional 24.196 (art. 6). It exempts micro-enterprises (art. 5) and extraction for scientific research or for public works (art. 4). It creates the Mining Development and Environmental Sustainability Fund (FODEMSA, arts. 9 to 11, an account at Banco Provincia del Neuquén) and the Mining Oversight Fee, measured in «Oversight Units» worth twice the fee in the annual Tax Law (art. 12), with a quarterly sworn statement (art. 7). The text does not name lithium, copper or potassium: it uses the national classification by categories, within which they fall without being listed. (B) Mining procedure code: the second bill of the package, with 288 articles plus annexes, would replace Ley 902 of 1975, with digital case files, environmental provisions raised to the rank of law, the scattered rules ordered in a single body, tighter inactivity deadlines for claims and a regime for 3rd-category (construction) minerals with 10-year extendable concessions that pay a mining fee prob prob; in September 2026 the committee chair, Damián Canuto, presented an alternative version worked out with the Executive that brings it down to 201 articles, and on 10/14/2026 he proposed taking it to a special committee with the government and the judiciary that could run for a year prob. verif Mar 2, 2026 ↗
In force
Not in force. Bills submitted by the Executive at the opening of the March 2026 sessions and in committee, without a report. As of 10/14/2026 the Mining Procedure Code had still not been taken up: the committee chair proposed moving it to a special committee with the government and the judiciary that could run for a year, and the Environment minister had said the intention was to enact it this year together with the royalties regime prob. unconf May 15, 2026
Who it applies to
Any natural or legal person, public or private, national or foreign, that exploits, industrializes or markets minerals granted by the provincial State (art. 5), with joint liability among co-holders. Micro-enterprises as defined in art. 55 of Ley 25.300 are exempt. In concrete terms, it would reach Neuquén's future lithium, copper, gold and potassium projects thesis. For suppliers, the sworn statement, the oversight and the fund open demand for mining, environmental and oversight services, and the 2% versus 3% gap rewards whoever installs processing inside the province thesis. 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 sessions, under review in the Energy Committee (no committee report as of 05/15/2026): (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 Ley provincial 902 (in force since 1975); in September 2026 an alternative 201-article version was presented in committee prob. They do not have a law number yet: these are bills, not enacted rules. 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 code to retire the 1975 Ley 902 (288 articles in the March bill, 201 in the version presented in committee in September 2026), plus a mining 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

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Where it lands, province by province1

Neuquén Bills in progress: mining-code modernization after 51 years (288 articles in the March bill and 201 in the September 2026 version, digitization, environmental provisions raised to legal rank) and a 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
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