Regulation and application of mining easement
Mining easement is a fundamental instrument for enabling the development of mining projects. It allows the use of areas inside or outside the mining title polygon for the installation of the necessary structures for the development of research and mining operations. This article discusses the concept, regulation, application process, and the importance of mining easement in the context of mining enterprises.
Mining easement is regulated by Decree-Law 227 of 1967 (articles 59 to 62) and by Decree 9,406 of 2018, article 41. This regulation is essential to ensure legal certainty and the proper development of mining activities in the country.
Mining easement application
Mining easement application is made by filling out an electronic form and submitting it to the National Mining Agency (ANM) through Digital Protocol. The process involves filling out the form, accessing the Digital Protocol, and attaching the necessary documentation, such as the justification for the easement’s purpose, maps of the easement area, identification of the surface right holders of the easement area, the purpose of the easement area, mining processes that interfere with the easement area, among others.
There is no fee for applying for a mining easement, which facilitates access to this instrument for interested companies.
Mining easement in practice
The establishment of a mining easement aims to recognize the necessity of a specific area to enable a mining enterprise, whether it is located inside or outside the title polygon. This is especially important when the property burdened by a Mining Right, or adjacent to it, is owned by a third party who resists mining activities on the site.
The majority jurisprudence of the Courts requires proof that the National Mining Agency recognized the necessity of the area for the development of the mining enterprise for the easement to be judicially established. Thus, the establishment of the easement involves two stages: the approval of the technical easement report by the ANM and the establishment of the mining easement through a judicial decision, recording the burden on the serving property’s registry.
Conclusion
Mining easement is an instrument of great relevance for enabling mining enterprises in Brazil. It allows companies in the sector to use areas necessary for the installation of structures and the development of mining operations, even when these areas are owned by third parties. The mining easement application process is regulated and accessible, ensuring legal certainty and a favorable environment for the development of mining activities in the country.
References
https://www.jusbrasil.com.br/artigos/da-importancia-das-servidoes-minerarias-conceitos-e-modalidades/574002279
https://williamfreire.com.br/areas-do-direito/contencioso-estrategico/servidao-mineral-breve-reflexao-sobre-necessidade-da-fase-administrativa-do-procedimento/
https://www.gov.br/anm/pt-br/acesso-a-informacao/perguntas-frequentes/servidao-mineraria#:~:text=O%20que%20%C3%A9%20servid%C3%A3o%20miner%C3%A1ria,desenvolvimento%20dos%20trabalhos%20de%20lavra.
