Abstract
Abstract This article presents a guide to be followed by mining companies willing to open a dimension stone quarry in Brazilian territory. It highlights the main technical documents required by Federal legislation to obtain mining authorization. These documents and their singularities were compiled based on a study of Brazilian mining laws, other normative instruments and scientific literature. The Brazilian mining law describes five Federal authorizations, in which two could be obtained for the dimension stone mining purpose: authorization/concession and licensing regimes. To obtainment the main mining permission may extend for many years. However, it is possible to acquire a kind of provisional permission in much less time, so that the quarry activities can begin before the acquisition of the main permission, which has no deadline. In general, the required technical mining dossier shows a wide range of information. For these reasons, one of the best ways to reduce the time spent through legal procedures is based upon paying special attention at the quality and level of proper instruction of the documents delivered to National Mining Agency (ANM). The author’s experience reveals that knowledge of the technical documents provides legal safety for the company, in a context where the miner has to deal with economic, regulatory, environmental and occupational risks.
Highlights
The Brazilian mining law in vigor since the time of the Brazilian Empire, has undergone significant changes
It is important to highlight that some aspects pointed out in the documental miscellany came from the authors' opinions built during years of experience working as federal agents in this mining segment, performing their roles in the Espírito Santo state, where the dimension stone industry has been quite relevant for at least half of a century at a national purview
All this represented in maps; 4-financial capability confirmation to execute mining activity; 5-Economic Development Plan (PAE), main technical document related to Exploitation Request (ER)
Summary
The Brazilian mining law in vigor since the time of the Brazilian Empire (the period between Brazilian Independence Day and the start of the Republican Regime, 07/09/1822 to 15/11/1889), has undergone significant changes. Dimension stone miners target at raw material, and the companies engaged usually are of small business category, with no capital funded by the stock market When considering these peculiarities, we can say that the dimension stones do not properly fit in the definition for commodity as other mineral resources do. We can say that the dimension stones do not properly fit in the definition for commodity as other mineral resources do Another interesting point of that segment is the fact that dimension stone quarries are essentially operated by medium to low sized companies. They are, frequently a family business type, with a low grade of specialized technical utilization at its mining operations. It is important to highlight that some aspects pointed out in the documental miscellany came from the authors' opinions built during years of experience working as federal agents in this mining segment, performing their roles in the Espírito Santo state, where the dimension stone industry has been quite relevant for at least half of a century at a national purview
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