Special Permit for the Artisinal Mining of Mineable Substances
What is it?
Mining is a system for extracting mineral substances with immediate use of the deposit, which, by its nature, its small volume and irregular distribution, often does not justify investment in research work. In this case, mining is more suitable.
What is a Mineable Substances?
Gold, diamond, cassiterite, columbite, tantalite, wolframite, in alluvial, eluvial and colluvial forms, scheelite, other gems, rutile, quartz, beryl, muscovite, spodumenium, lepidolite, feldspar, mica and other types of occurrence that may be indicated at the discretion of the ANM are considered as mineable minerals.
How to Request?
A Mining Permit may be requested by Brazilians, individuals, cooperatives of miners or individual firms.
The permission must be requested by filling out an electronic application and delivered to the ANM via Digital Protocol. The simple filling out of the electronic application form does not guarantee the right of priority over the area. This will only be attributed to the interested party after the due protocolization with the generation of the SEI system protocol Receipt and meeting all other applicable requirements established in the legislation in force.
The application for a mining permit depends on the following technical and administrative documents:
- Proof of collection of emoluments;
- Detailed plan;
- Situation plan;
- Technical Responsibility Notation (ART);
- Descriptive Memorial of the Area;
- Public agency approval (when necessary);
- Proof of Brazilian nationality;
- Proof of registration of the company at the Commercial Registry Office;
- Proof of payment of fees;
- Application form.
What are the limits?
The area cannot exceed 50 (fifty) hectares for individual applicants, and 1.000 (one thousand) hectares, when granted to a cooperative of miners.
When can permits be granted?
Mining permissions may be granted in free areas of relevant social interest, or areas subject to a research authorization, mining concession, mine manifest, licensing or extraction registration, that are outside the areas established for mining, when the respective activities are compatible with the work inherent to the titles in effect, in compliance with the terms of art. 7º of Law nº 7.805, of 1989.
How long does the title last?
The mining permission is granted for a period of up to five years, always renewable for another five, at the discretion of the ANM.
The title may be object of assignment or transfer of rights, upon consent of the ANM, to whoever meets the legal requirements.
Is it necessary to have an environmental license?
The granting of a mining permit will be conditioned to the presentation of an environmental license issued by the competent environmental agency.
The applicant must prove to the ANM, within 60 (sixty) days from the receipt of the Declaration of Suitability, that he has filed the application for environmental licensing, exempt from any requirement by the ANM, under penalty of rejection of the mining permit application.
Once the copy of the protocol of the competent environmental agency is presented, the National Mining Agency may, at any time, require the applicant to prove that it has adopted all the necessary measures for the issuance of the environmental license. Failure to comply with the requirement will result in the rejection of the application.
