Law 14,514/2022, which addresses, among other issues, the encumbrance of mining titles, the exploitation of nuclear minerals by private parties, and the declaration of availability of resources of the miner.
On 12/30/2022, Law 14,514/2022 was published in the Federal Official Gazette, which converted Executive Order 1,133-A into law.
This regulation maintained the significant changes to the system of research and exploitation of nuclear ores and promoted important innovations to the research and exploitation of non-nuclear mineral resources, which we summarize in the table and text below
With regard to the changes made to the Mining Code, it is highlighted the extension of the term of validity of the exploration authorization, which increases from 03 to 04 years, and this term may be extended, subject to provisions to be defined by the ANM in its own regulation.
Another important change brought by Law 14,514/2022 refers to the possibility of the entrepreneur undertaking to seek the financing necessary for the compliance with the Economic Exploitation Plan (PAE) and operation of the mine, as an alternative to proving the availability of funds provided for in article 38, VII of the Mining Code (Decree-Law 227/1967).
In addition, the new law brought the possibility of mining titles, regardless of their phases, being encumbered and offered as security by their holders, which must encourage and facilitate the achievement of resources by entrepreneurs in the sector.
Furthermore, according to Law 14,514/2022, the ANM will be responsible for creating and managing a "National Register of Mining Structures", in which waste dumps, tailings dams and mineral processing facilities, as well as other facilities provided in the PAE, must be registered.
With regard to the provisions concerning the mining of nuclear minerals, it can be seen that the provisions of Executive Order 1,133-A, which was under analysis by Cescon Barrieu when it was issued, have been maintained (available at Informa Medida Provisória 1.133).
In summary, the possibility of research and mining of nuclear minerals by private parties was preserved, as long as in association with the Nuclear Industry of Brazil (INB), and the ANM was granted the power to supervise, regulate, normatize and authorize the activities of research and mining of such materials.
The full text of Law 14,514/2022 can be accessed here: L14514 (planalto.gov.br)
Cescon Barrieu’s Mining Law team is at your disposal for further clarifications regarding the new Law.
