The Area Availability procedure is a fundamental mechanism conducted by the National Mining Agency (ANM) to put mining projects back on the market. These are areas that previously had titles granted but returned to the agency’s management for various reasons, such as application denials, expiration, abandonment, withdrawal, or waiver.
Until 2018, the selection of new interested parties was based on the often subjective and time-consuming analysis of the best technical project. Recognizing the limitations of this model, Decree No. 9.406/2018, later detailed by ANM Resolution No. 24/2020, established a new system.
The New Model and the Backlog Challenge
The current model operates through regular rounds, offering multiple blocks simultaneously in an electronic process via the SOPLE platform. It is divided into two stages:
- Prior Public Offering: Interested parties express interest (confidentially, for 60 days) in the areas. If there is only one interested party, they can apply for the area. If there are no interested parties, the area becomes available (livre).
- Electronic Auction: Occurs only if there are two or more interested parties from the first stage. The competition is based on the highest financial offer, an objective criterion that eliminates previous subjectivity.
Despite the increased efficiency of the new model, ANM accumulated a significant backlog of areas awaiting availability, estimated at around 70,000 processes. This stock, largely composed of areas still lacking detailed exploration or proven deposits, represents a bottleneck for new investments in the sector.
The Entry of B3: Accelerating the Solution
Given the complexity and volume of areas, ANM identified the need for a partner with expertise to operationalize the availability rounds on a large scale. In February 2025, the Collegiate Board approved the contracting of B3 (Brasil, Bolsa, Balcão) S.A. to provide specialized technical services in conducting these procedures.
The contract, estimated at R$ 33 million over five years, aims to enable the offering of approximately 105,000 mining areas. B3 will be responsible for conducting the electronic auctions and managing the associated financial guarantees. A crucial point is that the costs of the contract will be fully covered by the auction participants, generating no expense for public funds.
Scope and Capacity
The partnership envisages conducting about 15 auctions, each offering a standardized lot of 7,000 areas. The technological platform provided by B3 must support the simultaneous processing of these areas and allow participation by at least 3,000 users in real-time, ensuring security and traceability. In addition to conducting the auctions, the scope includes technical support, analysis of public notices, preparation of manuals, support in qualifying interested parties, and post-auction monitoring.
Expected Benefits
The contracting of B3 aims to bring greater efficiency and processing capacity, allowing ANM to significantly reduce the backlog of blocked areas. The combination of the objective model of highest financial offer with B3’s expertise and technological infrastructure is expected to result in:
- Greater speed in making areas available.
- Reduced operational costs for ANM.
- Increased transparency and legal certainty in the processes.
- Expansion of mineral exploration opportunities in the country.
- Generation of public revenue (from the amounts offered in the auctions).
This initiative demonstrates ANM’s effort to modernize its processes and unlock Brazil’s mineral potential, using strategic partnerships to overcome operational challenges and foster new investments in the sector.
Legal Basis
The availability procedure is provided for in the Mining Code (Decree-Law No. 227/1967) and its process is regulated by Decree No. 9.406/2018 (arts. 45 and 46) and detailed by ANM Resolution No. 24/2020. Law No. 13.575/2017 and Decree No. 9.587/2018 also support ANM’s competence over the matter.
How do you evaluate this new phase of the availability procedure with B3’s participation? Leave your comment.
