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Mineral exploitation regimes - ANM

22 de Novembro de 2021

Escavadeira recolhe solo em mina a céu aberto

In order to carry out mineral exploration or extraction, it is necessary to follow the rules and procedures defined by the National Mining Agency (ANM). In order to start this activity, the interested party must define which Mineral Regime their substance of interest falls into, and then proceed with the Application to the ANM.

In this text we will provide information on each of the regimes and their main characteristics:

  • Authorisation and Concession Regime
  • Licensing Regime
  • Mining Licence Regime
  • Extraction Regime

The Mineral Utilisation Regimes have been defined according to the category of the project, the type of substance, the destination of the production and the way in which the substance will be extracted.

Shall we go into a little more detail about each one?

Regime de Autorização e Concessão

Authorization and Concession Regime

The Authorisation and Concession Regimes can be used for all mineral substances, with the exception of those protected by monopoly (oil, natural gas and radioactive mineral substances).

Within this category, the miner must submit a Research Application.

The purpose of the research application is to carry out the research work and define a deposit, i.e. to qualify, quantify and spatially locate the mineral substance of interest, within a period of 2 or 3 years. It is worth noting that this period can be extended for the same 2 or 3 year period. The fee for this application is R$1,012.73.

Maximum areas that can be exploited under the Authorisation and Concession regime:

  • 2,000 ha: metallic mineral substances, fertilising mineral substances, coal, diamond, bituminous and pyrobituminous rocks, peat, and rock salt;
  • 1,000 ha: ornamental and surfacing rocks, and other mineral substances.
  • 50 ha: mineral waters and table drinking waters; sand, when suitable for use in the processing industry; feldspar; gems (except diamond) and decorative, collector's and handicraft mineral stones; and mica.

Within this category, the holder of the Exploration Permit can choose to apply for a Guia de Utilização - GU (Utilisation Guide), which enables experimental mining of the substance being researched.

The GU is only authorised on an exceptional basis, and its purpose is to use mineral substances before granting a Mining Concession. The cost of this application is R$6,889.51.

The following situations are considered exceptional:

  • Assessing the technical and economic viability of mining the mineral substance on the national and/or international market;
  • Extraction of mineral substances for analysis and industrial testing prior to the granting of the Mining Concession; and
  • Commercialisation of mineral substances due to the need for continued supply of the substance in order to guarantee the market, as well as to fund research.
Um grupo de trabalhadores da construção civil em um canteiro de obras

Licensing regime

The Licensing Regime can be used for substances for immediate use in civil construction, such as:

  • Sand, gravel and gravel, when used in natura in civil construction and in the preparation of aggregate and mortar;
  • Silica-clay material, gravel and gravel used as borrow material;
  • Rocks, when used for cobblestones, guides, gutters, millstones or paving slabs;
  • Rocks, when crushed for immediate use in civil construction.
Uma pessoa prepara o ouro

Mining Permit Regime

The Garimpeiro Mining Permit Regime applies to garimpable mineral substances such as gold, diamond, cassiterite, columbite, tantalite and wolframite, exclusively in alluvial, eluvial and colluvial forms. Sheelite, rutile, quartz, beryl, muscovite, spodumene, lepidolite, other gems, feldspar, mica and others, in types of occurrence that may be indicated by the ANM.

The Garimpeiro Mining Permit can be granted to a Brazilian or a garimpeiro co-operative for a period of 5 years, and can be renewed if approved by the ANM.

The extraction area under the PLG regime may not exceed 50 ha for individuals or individual firms, up to 10,000 ha in the Legal Amazon and 1,000 ha in other regions for prospectors' cooperatives.

When opting for this regime, the miner must submit a Garimpeiro Mining Permit Application, which costs R$204.13.

Extraction Regime

The Extraction Regime is restricted to substances for immediate use in civil construction by agencies of the direct or autarchic administration of the Union, the States, the Federal District and the Municipalities, for exclusive use in public works carried out by them.

This regime has a fixed term and takes into account the needs of the work to be carried out and the size of the area described in the application, with a single extension being authorised.

The maximum area allowed for this regime is 5 ha.

When opting for this regime, agencies, states or municipalities must submit an Extraction Registration Application.

 

If you still have questions on the subject or if you need advice on each stage of your Mining Processyou can count onDMTwe have highly qualified professionals to work on your project.

References consulted