Brazil's Mining Sector: Administrative Processes Quickened

Author:Mr Alexandre B. Calmon, Luiz Gustavo Bezerra, Paulo de Bessa Antunes and Vilmar L.G. Gonçalves
Profession:Tauil & Chequer
 
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Recently, Brazil's National Mining Agency ("ANM") published Ordinances No. 22 and No. 24, which aim to speed up the regulatory agency´s analysis of mining matters.

Tacit Approval

Ordinance No. 22 regulates Articles 11 and 18 of Federal Decree No. 10,178/2018 in relation to a time limit to be fixed to indicate tacit approval of public acts related to economic activities within ANM's authority, which are outlined in Annex I of this rule.

This rule reflects the change brought by the Federal Law No. 13,874/2019, resulting from the conversion of the "Economic Freedom Provisional Measure," which establishes that the lack of ANM response will indicate that had been submitted for administrative review can proceed

For purposes of calculating the term of the tacit approval, the deadline will be counted from the date of the application was submitted , provided that all required documentation is attached. Therefore, once a deadline provided for in Annex I has arrived, the absence of a response from ANM will imply its tacit approval of the exercise of the economic activity.

Below are economic activities and their respective deadlines established in the Annex I of Ordinance No. 22

Economic Activity Release Act Deadline for ANM consideration Mining Research Phase Request for partial assignment of the mining research permit 120 days Request for total assignment of the mining research permit 120 days Request for encumbrance of mining rights 120 days Final report for negative mining research 120 days Request for area partial waiver 120 days Request for area total waiver 120 days Request for area reduction 120 days Request for area partial resignation 120 days Request for area total resignation 120 days Request for geological acknowledgement 120 days Request for mining research authorization 120 days Request for mining research authorization for those qualified as available 120 days Mining Production Phase Registration for the producer and trader of rough diamonds 20 days Application for Kimberley Certificate 20 days Authorization for import mineral water 60 days Request for partial assignment of the mining permit 120 days Request for change of mining licensing regime for mining research authorization 120 days Request for change of mining permit regime for mining exploration authorization 120 days Request for change of mining permit application regime for mining exploration authorization 120 days...

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