President Jair Bolsonaro edited today (14) a decree that amends a previous rule, from 2018, on the regulations of the Mining Code. THE text includes new obligations for holders of mining rights in the sector’s rules, with emphasis on changes in the miner’s environmental responsibility and mine closure.
The changes are a result of the National Dam Safety Policy, approved by the National Congress in 2020, after the tragedies of Mariana (2015) and Brumadinho (2019), both in Minas Gerais.
By Monday’s decree, those who carry out the mining activity are explicitly responsible for preventing environmental disasters and drawing up contingency plans in the event that they occur.
The text also makes it clear that the miner is responsible for the well-being of the communities involved and the sustainable development of the mine’s surroundings, as well as the health and safety of workers.
The regulation provides that, in the event of an environmental disaster, this will entail “the closure of the mine and the decommissioning of all facilities, including the tailings dams”.
The very concept of mining activity was changed, which now also includes the transport of ore and the storage of sterile and tailings.
Other amendments to the Mining Code Regulation include the obligation for the National Mining Agency (ANM) to create “simplified criteria” for analyzing processes and grants, especially for small-scale undertakings for the use of mineral substances.
Other changes were made to reinforce the need to meet deadlines for the clearance of mining ventures. For example, a period of 60 days was given for the ANM to register the environmental licensing after the respective license was presented by the miner. If this is not fulfilled, the registration is considered effective.
Such changes seek to adapt the decree to the Economic Freedom Act and “bring improvements to the mining sector, making it more agile with the optimization of procedures, more attractive to investors and legally safer, guided by the standards of sustainable development”, he said. the General Secretariat of the Presidency of the Republic, in a note.
