Title exemption for Earthmoving in Civil Engineering Works
The mining title exemption can be requested for earthmoving works and the dismantling of materials in natura, necessary for the opening of transport routes, general earthmoving works and buildings. However, commercialization of the land and the materials resulting from such works is prohibited.
Who can apply?
The Mining Title Exemption Statement can only be requested by the person in charge or the person executing the work, by means of a request addressed to the Regional Manager of the National Mining Agency in whose circumscription the area of interest is located.
How to request?
To file the request for a Mining Title Exemption Statement, the applicant must be registered in the Single Sign-on to access the ANM’s Digital Protocol and make a justification request.
Required Documentation
Justification, and, if applicable, proof of interest in the application to obtain the declaration;
plans of the areas of interest georeferenced in the Country’s official datum, in digital media, shapefile format, along with their respective descriptive memorials
indication of the origin of the material and description of the access ways through which the material will be transported, when this is the case;
proof of the real need for the earthmoving works or the dismantling of materials in natura for the work;
environmental license for the work, issued by the competent environmental agency;
proof of the approval, when required by the applicable legislation, of the project of the work by the competent government agency;
information about the destination to be given to the material or land resulting from the works, including the surplus; and
indication of the contracting agency or entity, in the case of work contracted by the Direct or Indirect Public Administration.
When dealing with public works contracted by the Union and its autarchies, executed with federal funds, the applicant must also
Present a declaration from the federal organ or entity that the impossibility of using the mineral substance, with a view to reducing the costs of the work, makes its execution unfeasible and that this reduction was considered in the budget of the work or in the transfer of federal resources;
Indicate the quantity of the mineral substance intended for the execution of the work, prove the prices practiced in the market and demonstrate the cost of production of the mineral substance intended by the applicant himself.
CFEM
There will be no incidence of Financial Compensation for the Exploitation of Mineral Resources for the use of the land and in natura materials resulting from the works referred to in § 1 of art. 3 of the Mining Code. In addition, the request for a Mining Title Waiver is free of charge.
