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National Mining Agency Changes Rules Regarding Suspension of Procedural and Material Deadlines 

by Antonio H. Albani Siqueira

Published: June, 2020

Submission: June, 2020


On June 2, 2020, Resolution No. 36 was published in the Official Gazette, by means of which the National Mining Agency ("ANM") has changed Resolution No. 28/2020, which suspended the deadlines of certain procedural and material acts under its competence, due to the current COVID-19 pandemic.

According to the new wording, the suspension period which have initiated on March 20, 2020 has been extended until June 30, 2020, in the following cases:

  1. Submission of defenses, evidences, oppositions and appeals in administrative proceedings with respect to infraction, occurrence and collection of revenues related to Financial Compensation for Mineral Exploration - CFEM, Annual Fee Per Hectare – TAH, inspection fee and fines;

  2. Submission of defenses, oppositions and appeals in mining administrative proceedings;

  3. Compliance with requirements;

  4. Submission of partial and final exploration reports;

  5. Request for extension of Exploration License;

  6. Application for mining concession;

  7. Request for the extension of the extraction permit, license registry, small-scale/alluvial mining license and extraction registry, notice of the beginning or resumption of the exploration works, and application for vesting of possession of the deposit;

  8. All the other deadlines established in the Brazilian Mining Code (Decree-Law No. 227/67), its regulation (Decree No. 9.406/2018) and Ordinance No. 155/2016, which approved the DNPM Normative Consolidation, which regulates acts within the competence of the ANM; and

  9. Compliance with the requirements established in Article 27 of the Mineral Water Code (Decree-Law No. 7,841/1945), with respect to the performance of periodic, partial or complete chemical analysis, and, at least, a complete analysis every three years to check its composition and classification.

It is worth mentioning, however, that the suspension shall not apply to obligations and deadlines related to stability and safety of mining dams and to any other deadline or obligation of which the failure to comply may jeopardize the safety, health, lives and property of the workers, consumers and society in general. For these specific acts, Digital System, RALWeb (Annual Exploitation Report), Integrated System of Mining Dams Safety Management (SIGBM) and further ANM systems shall remain available. 

Our team shall continue to follow up on these developments and remain at disposal for any additional queries with respect to the ANM's activities.


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