By Giancarlo Silva
The National Mining Agency (ANM) has put forward a proposal to revise the mineral licensing regime through Public Consultation No. 5/2024, which is currently open for public contributions. The proposal introduces positive elements in terms of process clarity and efficiency, but it also presents challenges that warrant careful consideration. It is crucial for the public to engage in this discussion to ensure that the revision meets the sector’s needs effectively and fairly.
The ANM’s proposal, still in the consultation phase, aims to simplify, reduce bureaucracy, and enhance the legal certainty of the mineral licensing process. For instance, it suggests extending deadlines for submitting new municipal licenses and lease agreements, as well as more precisely defining the required technical documents. These measures have the potential to streamline the licensing process and provide greater legal security for miners.
The proposal also introduces the requirement that the technical manager responsible for mining operations be directly linked to the license holder. This measure ensures the technical qualification and responsibility in mining activities. The requirement to present the Technical Responsibility Annotation (ART) guarantees that mineral extraction activities are conducted by qualified and licensed professionals. However, this could lead to a significant increase in demand for mining engineers, which may pose a challenge for some companies in complying with this regulation.
Another key aspect is the introduction of a rule already familiar within the authorisation regime, now applied to environmental licensing. The proposal mandates that the progress of the environmental licensing process be reported every six months, a measure aimed at intensifying monitoring by licence holders and simultaneously placing greater pressure on environmental agencies, which have historically been blamed for delays in mining projects.
It is important to highlight that the ANM’s proposal is still in the public consultation phase and is therefore subject to changes based on public contributions. Submissions for Public Consultation No. 5/2024 can be made through the ANM website. It is vital for the public to mobilise and participate in this revision process to build a mineral licensing regime that is clearer, more efficient, and more effective.
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