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COVID-19: ANM Clarifies Suspension of Material and Procedural Terms, Including the Validity of Mining Titles - Resolution ANM No. 50 

by Pedro Garcia, Maria Julia Carvalho Pinto

Published: November, 2020

Submission: December, 2020

 



On November 27, 2020, the Federal Official Gazette published Resolution No. 50, by means of which the National Mining Agency (“ANM”) amends Resolution No. 46/2020, which suspended the deadlines of certain procedural and material acts and the extension of mining titles.


According to the new wording, the period of certain procedural and material acts as well as the tacit approval by the Agency is suspended from March 20, 202to December 31, 2020.


In addition, the Research Permits, Operation Slips, License Registries and Exploration Permits Decrees granted by ANM are extended for a maximum period of 288 days, counted as of January 2nd, 2021, regardless of requirements by the holders, in accordance with the rules set out below:


  • titles expired/ to be expired between March 20, 2020 and January 1st, 2021 are extended for a period of 288 days less the amount of days between its maturity date and January 1st, 2020;
  • titles granted between March 20, 2020 and January 1st, 2021 shall be extended in the amount of days between its issuance and January 1st, 2020;
  • titles expired after January 1st, 2021 shall be extended in 288 days.

The holder that is not interested in having the validity term of its title(s) extended, shall, by means of an electronic requirement, to be filed until December 31, 2020 in the respective(s) mining title(s), manifest such lack of interest.


With regards to the automatic extension of Operation Slips, Resolution No. 50 clarifies that such extension (i) refers exclusively to the period and does not amend the volume's thresholds  previously established and (ii) will not be considered for purposes of the extension restrictions set forth in the sole paragraph of Article 24 of Decree No. 9,406, from June 12, 2018.


Finally, it is worth mentioning that, by virtue of the automatic extension of the Research Permit validity term, the Annual Hectare Fee is due by the holder, except if it expressly requires that it is not interest in such extension or if the Final Research Report is presented in a compatible time.


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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