Fines up to €600,000 and loss of concession: Asturias' new mining law

Key data

If you have a mining operation in Asturias, the cost of a serious accident or very serious violation has just increased substantially. The Law 5/2026 of the Principality of Asturias amends Law 1/1997 on two fronts that change the risk calculation for any mining operator: it updates all fine amounts to euros and links definitive closures to the start of concession expiration proceedings.

Until now, sanctions were still expressed in pesetas, which generated uncertainty in their practical application. The reform closes that ambiguity and sets amounts in euros with immediate effects.

What does this regulation establish?

Law 5/2026 introduces two specific amendments to Law 1/1997:

1. Closure-expiration linkage: When the Administration imposes a definitive closure of an operation as a result of a very serious violation, the procedure for expiration of the mining right is automatically initiated. This does not imply automatic loss of the title, but requires the holder to defend itself in an administrative proceeding that may result in extinction of the concession.

2. Update of peseta amounts to euros: The regulation converts and sets all fines in euros. The comparative table reflects the change:

3. Disqualification of faculty directors: For faculty directors, very serious violations may result in permanent disqualification from practicing in the territory of Asturias. This accessory sanction is independent of the economic fine.

The reform aligns with other regional legal systems that had already updated their mining sanctions regimes and strengthens administrative control over mining titles when safety is seriously compromised.

Economic and operational impact

The impact is not only economic: it is also strategic. Before this law, a very serious violation could result in a high fine, but the mining title remained intact unless there was an express and separate decision. Now, definitive closure automatically triggers the start of the expiration proceeding.

For a company whose main business is mining operations, losing the concession is equivalent to losing the company's central asset. The risk is no longer just financial: it is existential.

• Very serious fines: up to €600,000 per sanctioning proceeding.
• Serious fines: up to €30,000 per proceeding.
• Minor fines: up to €3,000 per proceeding.
• Definitive closure: activates the procedure for expiration of the mining right.
• Disqualification of the faculty director: permanent in Asturias if the violation is very serious.

Operationally, this requires reviewing internal safety protocols, civil liability insurance, and training of responsible technical personnel. A serious incident resulting in closure is no longer a temporary problem: it can be the end of activity on that concession.

Who does it affect?

• Companies holding mining concessions in Asturias: any company operating under a mining title granted by the Principality, regardless of size.
• Faculty directors of mining operations: the technical professional responsible for directing the operation is exposed to permanent disqualification in Asturias in case of very serious violations.
• Business groups with mining assets in Asturias: expiration of a concession can affect asset valuation and group financing.
• Insurance companies and financing entities: the new regime raises the risk profile of Asturian mining operations and may impact premiums and financing conditions.

Practical example

A company holding a coal concession in Asturias suffers a serious accident due to non-compliance with safety measures established in its work plan. Mining inspection classifies the facts as a very serious violation.

Under the new regime of Law 5/2026, the company faces:

• A fine of up to €600,000.
• Definitive closure of the affected operation.
• Automatic initiation of the expiration procedure of the mining right on that concession, which may result in extinction of the title.
• Possible permanent disqualification in Asturias of the faculty director responsible for the operation.

If the company has multiple concessions, the expiration proceeding affects only the concession linked to the closure, but the administrative precedent may condition future inspections on the remaining titles.

What should companies do now?

1. Audit safety compliance in each operation: review that work plans, safety measures, and technical documentation are up to date and complied with in practice.
2. Review the faculty director position: ensure that the designated professional has adequate training and knows the new sanctions regime, including the possibility of permanent disqualification.
3. Update insurance policies: verify that civil liability and activity stoppage coverage contemplate the new scenario of fines up to €600,000 and the risk of loss of concession.
4. Establish a response protocol for inspections: define who acts, what documentation is presented, and how communication with the Administration is managed if a sanctioning proceeding is initiated.
5. Seek legal advice on the expiration procedure: if there is already an open sanctioning proceeding, evaluate with a specialized lawyer the risk that a definitive closure activates the expiration procedure under the new regulation.

Official source

Consult complete regulation in official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-15578