Article 45 of the Mining Code (Decree-Law No. 227/1967) and the Technical Manual for Immission of Possession of the National Mining Agency (ANM) describe the procedure for the immission of possession, a crucial step for the holder of a mining concession to legally begin exploitation of the deposit. This procedure aims to formalize the transfer of the area to the concessionaire, establishing the limits and conditions for the activity.
What is Immission of Possession?
The immission of possession is the administrative act by which the holder of a mining concession is formally authorized to begin exploitation of the deposit. This act occurs after the approval of the mining plan and the granting of the concession and involves the physical demarcation of the area and registration of the start of activities at the site.
Procedure for Immission of Possession:
The immission of possession procedure follows a defined flow, which aims to guarantee legal certainty and the organization of mineral exploitation:
- Notification of Bordering Parties: The ANM notifies the concessionaires of neighboring mines, at least eight days in advance, so that they can follow the act of the immission of possession and, especially, the demarcation of the area.
- Fixation of Landmarks: On the day and time scheduled for the immission, the concessionaire, responsible for the prior preparation of the landmarks, fixes them at the points indicated in the Mining Concession Decree, outlining the boundaries of the deposit. It is necessary to use landmarks that are in accordance with the technical manual for the immission of possession.
- Formal Possession: After fixing the landmarks, the concessionaire is formally put in possession of the deposit.
- Term of Immission: A representative of the ANM draws up a term, which will be signed by the holder of the mining operation, the witnesses present, and the concessionaires of the neighboring mines, if any.
- Maintenance of the Landmarks: The concessionaire is obliged to keep the landmarks clearly visible. Any change in location of these landmarks can only be done with the express authorization of the ANM.
Documentation and Additional Procedures:
For a successful immission of possession process, the holder of the mining concession must consider the following preparatory steps, in accordance with the Technical Manual of Immission of Possession:
- Analysis and Comparison: Perform analysis and comparison of the existing polygon in the Mining Registry with the real situation in the field, seeking to identify the existence of priority, bordering or neighboring polygons, and if the coordinates presented in the database are correct.
- Communication to ANM: Inform the ANM of any inconsistencies detected, so that a detailed analysis can be carried out and possible positioning distortions identified.
- Isolation of the Polygon: Check if the polygons requested after 2008 are isolated in the field or with bordering from the same period and if they are more than 2km from the other areas.
- Term of Awareness: In cases of confrontations with priority polygons, present a term of awareness signed by the holders of the bordering areas.
- Technical Report: The holder must submit a technical report detailing all the procedures adopted, the characteristics of the equipment, the results of the measurements, and photographs of the installed landmarks.
- Measurement Accuracy: Ensure that the geodetic measurements present the required precision and accuracy, using the Brazilian geodetic system SIRGAS2000.
- Detailed Plan: Prepare a detailed plan of the area, containing information on the polygon, support landmarks and demarcation landmarks, all georeferenced.
- Digital Files: Provide all raw and processed data, as well as vector files that represent the area.
- Technical Responsibility Note (ART): Present the ART of the technician responsible for the demarcation work.
- ANM Inspection: The demarcation work of the area will be subject to inspection by the ANM’s technical staff.
Appeal Against Immission of Possession
The Mining Code allows the holder of the mining concession to file an appeal with the Minister of Mines and Energy against the immission of possession within 15 days from the date of the act of immission. If the appeal is upheld, the act of immission of possession may be annulled.
Importance of Immission of Possession
The immission of possession is the act that formalizes the transfer of the area to the holder of the mining concession. Only after this act is the company legally authorized to begin the operations of exploiting the deposit, within the limits established in the process.
The immission of possession procedure is a crucial milestone for the transition from research to mining. By strictly following the steps defined in the Mining Code and the Technical Manual for Immission of Possession, the holder of the concession guarantees the legal security of their activity, respecting legislation and the right of ownership.
