The Utilization Guide (GU) is a document that allows the extraction of mineral substances on an exceptional basis before the granting of mining rights, with prior authorization from the National Mining Agency (ANM). The issuance of the GU is provided for in Article 22, §2 of the Mining Code and Article 24 of the Mining Code Regulation.
Portaria 155/2016 regulates the procedures related to the GU, but Resolution No. 37, dated 06/04/2020, introduced some significant changes to this regulation.
Substances and Maximum Limits in the Utilization Guide
The GU is issued for more than 60 specific mineral substances, such as sand, limestone, manganese, gold, among others. It is possible to request the extraction of more than one substance in a single GU, as long as the predefined annual production limits for each substance are respected, which are described in a table.
However, it is possible to request the GU for substances not provided for in the table, and the issuance is at the discretion of the ANM’s Collegiate Board. It is also possible to request production limits above the determined ones, but the analysis will be carried out by the responsible officer, who may accept or suggest adjustments to the values.
Purposes and Conditions for Requesting the Utilization Guide
The GU can be requested for the following purposes:
- Assessing the technical and economic viability of mining mineral substances in the national and/or international market.
- Extraction of mineral substances for analysis and industrial testing before the granting of mining rights.
- Commercialization of mineral substances, in accordance with public policies, before the granting of mining rights.
The public policies that may be considered for issuing the GU include:
- Formalization of the activity and strengthening of Micro and Small Enterprises, in line with the objectives of the National Mining Plan – 2030.
- Promotion of the development of small and medium mining through mineral extensionism, formalization, cooperativism, and local productive arrangements.
- Research on strategic minerals in accordance with the objectives of the National Mining Plan – 2030.
- Ensuring the supply of inputs for civil infrastructure works, agricultural development, and construction.
- Investments in sectors relevant to the Brazilian Trade Balance, with substances necessary for local and regional development.
- Projects that promote the diversification of the Brazilian export agenda and the strengthening of medium-sized companies to capture the international market, contributing to the trade surplus.
Utilization Guide Application Procedure
To apply for the GU, it is necessary to submit an application with preliminary mineral exploration data, including information such as a technical and economic justification prepared by a legally qualified professional, the quantity of each mineral substance to be extracted, the requested validity period for the GU, maps, plans, photographs, and images of the area, and proof of payment of fees.
The presented data must comply with the standards of ABNT (Brazilian Association of Technical Standards) and must be standardized according to those norms. In addition, there are specific requirements that must be met, such as the presentation of topographic maps, vector data in DXF and SHP formats, and georeferenced raster images in GeoTIFF format.
To be eligible for the GU, the following requirements must be met:
- Being up to date with the Annual Hectare Fee.
- The mining process must be regular, without any causes for forfeiture, even if they have not been formally declared in the records but can be verified.
- No illegal mining activities conducted prior to the application for the GU.
Environmental License and its Relation to the Utilization Guide
Obtaining an environmental license is necessary to obtain the GU. Although the GU is issued independently of the presentation of the environmental license, its effectiveness and validity are conditioned upon obtaining it.
After the issuance of the GU, the holder has 10 days to submit the environmental license to the ANM.
Undertaking mining activities without the proper environmental license, even with the GU, is considered illegal mining and may constitute the crime of usurpation.
Extension of the Utilization Guide
It is possible to extend the GU. To do so, the holder must submit the extension request along with a partial or final report on the mineral exploration activities conducted up to that point, a topographic map of the mined area, a new technical and economic justification (if there are modifications to the operational conditions), and proof of payment of the Financial Compensation for Mineral Resources Exploration (CFEM) related to the quantity of extracted mineral substances.
The holder can submit the request for GU extension up to 60 days before the expiration of the current GU to avoid interruption of extraction activities.
If there is no decision on the extension request within this period, the GU will be implicitly extended for 1 year, maintaining the same conditions established in the issued GU.
If you have any questions about the Utilization Guide in mineral extraction or if you would like more detailed information, please contact us.
Our team of specialized consultants will be happy to assist you and provide personalized support according to your needs.
