The National Mining Agency (ANM) Issued a New Resolution, ANM No. 130/2023, Altering Previous Rules on Regulatory Measures Applicable to Mining Dam Safety.
On the last day 02/27, a new resolution was issued by the National Mining Agency. The aim is to simplify and reduce bureaucracy in administrative processes, as well as to correct material errors in resolution ANM No. 95/2022.
With the change, the National Mining Agency hopes to promote greater effectiveness regarding the safety of mining dams in the country. The measure comes at a time when investors are increasingly aware of the environmental risks involved in mining projects, pressuring companies to be more transparent regarding risk management.
The new resolution will come into effect from the date of its publication and will apply to all companies involved in mining projects. The ANM and the Ministry of Mines and Energy will continue to closely monitor compliance with the standards and guide companies that need to adapt to the new rules.
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The National Mining Agency (ANM) has made significant changes to the resolution related to the safety of mining dams. The resolution ANM No. 130/2023, which came into effect on February 28, 2023, aims to simplify the rules and minimize risks related to mining.
Among the changes, the prohibition of the construction or raising of dams by the “upstream” method throughout the national territory stands out. Thus, the registration of new dams will only be effective at the beginning of construction works.
Dams with low or medium potential damage associated (dpa), in passive monitoring and with less than 10 points in the dpa framework, may have a simplified emergency action plan for mining dams (paebm). The applicable standard in case of penalties for non-compliance with the established obligations is resolution ANM No. 122/2022.
Companies and professionals responsible for technical documents will have until January 1, 2024, to meet the minimum applicable requirements. Therefore, the entrepreneur must immediately notify the National Mining Agency of any incident or accident at the mining dams under their responsibility.
The administrative law team and regulated sectors of Stocche Forbes Advogados are available to clarify doubts and provide legal advice regarding the regulation of the mineral sector. The changes implemented by ANM No. 130/2023 aim to enhance the safety of mining dams in the country.

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