In certain situations, Brazilian mining legislation allows for the execution of works involving earthmoving and the dismantling of “in natura” materials without the need for a formal mining title. This procedure is formalized through the Declaration of Exemption from Mining Title.
What is the Declaration of Exemption from Mining Title?
It is a document issued by the National Mining Agency (ANM) that recognizes the lack of need for a mining title for specific works, such as the opening of transportation routes, earthworks, and buildings. This exemption applies when earthmoving or material dismantling is essential for the execution of the work, and the resulting materials are not commercialized.
Who can apply?
The person responsible for or executing the work can request the Declaration of Exemption from Mining Title from the ANM. It is necessary to present a series of documents, including the justification for the need for earthmoving, the environmental license for the work, and proof that the project has been approved by the competent body.
What are the requirements?
For the exemption to be granted, it is essential that:
- The earthmoving or dismantling is truly necessary for the work.
- The resulting materials are not sold.
In federal public works, the declaration can be issued if the use of materials in the work itself reduces execution costs, provided that this reduction has been considered in the budget.
How does it work in practice?
The ANM analyzes the request and, if all requirements are met, issues the Declaration of Exemption. The validity of this declaration is linked to the term of the work’s environmental license. It is important to note that the improper use of the Declaration of Exemption may result in civil, criminal, or administrative liability.
Where to find more information?
For details on the necessary documentation and procedures to request the Declaration of Exemption from Mining Title, consult the DNPM Normative Consolidation, approved by DNPM Ordinance No. 155/2016, or contact the ANM directly.
