On January 31, 2020, Resolution No. 22/2020 – ANM was published, regulating articles 11 and 18 of Law No. 10.178/2019, setting maximum deadlines for the National Mining Agency to analyze various types of mineral requests involving mining and exploration stages.
The deadlines differ according to the type of request submitted by the miner, ranging from 20 to 120 days from the date of submission. However, the mentioned period will only be considered from the moment all requirements for the request analysis have been met.
The establishment of specific deadlines for the National Mining Agency to review the requests directed to it opens the door to legal challenges in cases of excessive delay, as the National Mining Agency has now set the maximum deadlines for the analysis and decision on requests involving exploration and mining.
The requests outlined by Resolution No. 22/2020, as well as the respective deadlines, are as follows:
TIPE OF REQUIREMENT | MAXIMUM DEADLINE FOR REVIEW |
| MINERAL EXPLORATION PHASE | |
| Request for partial assignment of the mineral exploration permit | 120 dias |
| Request for total assignment of the mineral exploration permit | 120 dias |
| Request for encumbrance of mining rights | 120 dias |
| Negative final mineral exploration report | 120 dias |
| Request for partial withdrawal of the area | 120 dias |
| Request for total withdrawal of the area | 120 dias |
| Request for area reduction | 120 dias |
| Request for partial relinquishment of the area | 120 dias |
| Request for total relinquishment of the area | 120 dias |
| Geological recognition request | 120 dias |
| Request for mineral exploration authorization | 120 dias |
| Request for mineral exploration authorization for eligible parties in availability process | 120 dias |
| MINERAL PRODUCTION PHASE | |
| Registration of producer and trader of rough diamonds | 20 dias |
| Request for Kimberley Certificate | 20 dias |
| Authorization for mineral water import | 60 dias |
| Request for partial assignment of small-scale mining permit | 120 dias |
| Request for change of mineral licensing regime to mineral exploration authorization | 120 dias |
| Request for change of small-scale mining permit regime to mineral exploration authorization | 120 dias |
| Request for change of small-scale mining permit application regime to mineral exploration authorization | 120 dias |
| Request for change of mineral licensing application to mineral exploration authorization | 120 dias |
| Request for partial assignment of small-scale mining permit | 120 dias |
| Request for encumbrance of mining rights | 120 dias |
ANM Resolution No. 22/2020 came into effect on February 1, 2020, and can be accessed in full at the website: http://www.in.gov.br/en/web/dou/-/resolucao-n-22-de-30-de-janeiro-de-2020-240824052