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The New MP Approved By President Jair Bolsonaro Allows Private Sector Companies To Participate In The Exploration Of Nuclear Minerals In Brazil, Attribution Previously Exclusive To The Government Organization INB.
On last Friday (08/12), Republic President Jair Bolsonaro approved a Provisional Measure (MP) that authorizes private sector companies to enter the field of nuclear mineral exploration in Brazil. This activity was previously conducted exclusively by the government company Indústrias Nucleares do Brasil S.A. (INB), and now it can also be accessed by national and international companies wishing to expand nuclear mining in Brazilian territory over the coming years.
New MP Approved By Bolsonaro Authorizes Private Sector Companies To Participate In The Exploration Of Nuclear Minerals Aiming To Expand The Mining Sector
In order to continue his plan to attract investments to the mining sector in national territory during his term in the Federal Government, President Jair Bolsonaro approved in the latest publication of the Diário Oficial da União (DOU) the MP 1.133/2022, which guarantees national and international private sector companies the opportunity to enter the nuclear mineral exploration market in national territory, a task previously exclusive to the state-owned INB.
According to the statement issued by the Ministry of Mines and Energy, the MP approved by Bolsonaro for the exploration of nuclear minerals updates “the legal framework of the nuclear mineral exploration sector, which dates back to the 1960s and 1970s. This modification aims to insert Brazil into the scenario of good international practices, modernizing the research and mining activities of these minerals,” thus altering Law 6.189, from 1974, which deals with the Union’s monopoly over these activities.
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Moreover, the measure was also responsible for revoking several actions of federal laws, including Article 31 of Law 4.118, from 1962, which states that mines and deposits of substances of interest for the production of atomic energy constitute national reserves. In other words, they are under the protection of the Union, which must control their exploration, as was the case when INB was the only company allowed to explore nuclear minerals.
The MP approved by President Bolsonaro is valid until October 10th and can be extended for another 60 days if the National Congress has not deliberated on it. Thus, senators and representatives have one day to submit amendments to the constitutional text and modify it.
Learn How Nuclear Mineral Exploration Works In Brazil And The Role Of INB In The National Mineral Sector
Until the approval of the MP that authorizes the entry of private sector companies into the nuclear mineral field, INB was the only entity responsible for research, mining, enrichment, industrialization, and trade of nuclear minerals and derivatives.
Thus, in case of discovering new reserves or any changes in the nuclear mineral segment, it was necessary to inform the National Nuclear Security Authority (ANSN), the National Mining Agency (ANM), and INB, which would analyze the possible venture.
If the reserve had an economically favorable exploitation power for the Union, the area would transfer from private sector ownership to public sector ownership, and the State would be responsible for utilizing the reserves for the benefit of the national mining market, thus creating a state monopoly over this segment.
Now, with the MP approved by President Bolsonaro, regardless of the economic value of the reserve, there is an opportunity for partnerships between the miner and INB for the utilization of all mineral resources present in the deposit, placing the private sector into the nuclear minerals market.
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