The document that formalizes the liability of a legally qualified professional for the execution of technical services or projects is called the Technical Responsibility Authorization, or simply: ART.
In the context of Brazilian mining regulation, the ART is a pillar of compliance, attesting to the professional’s qualifications and directly linking them to the activities before the National Mining Agency (ANM). The ART is issued by the Regional Councils of Engineering and Agronomy (CREA), under the supervision of the CONFEA/CREA System, and is required in a wide range of administrative and technical procedures.
The ART requirement is present throughout the entire life of a mining venture, from the initial prospecting phase to dam management and mine closure. Below is a detailed view of when the ART is necessary and what its purposes are:
ANM’s Requirements and Liabilities Related to the ART
| Document or Activity | Purpose of the ART | Notes and Responsibility |
| Mineral Prospecting Authorization Application | To attest to the liability for technical data, descriptive memorial, and site plan of the area. | Professional qualified by CONFEA/CREA. |
| Final Mineral Prospecting Report | To formalize the technical liability for the prospecting work performed and the results obtained. | Must be prepared by a qualified professional. |
| Economic Exploitation Plan (PAE) | To attest to the liability for the mining plan, projects, and economic forecasts. | Modifications to the PAE (new substance, scale, etc.) also require a new ART. |
| Mining Works and Mineral Water | To ensure that the extraction, beneficiation, and utilization of water operations are conducted by a qualified professional. | The professional and the mineral titleholder are responsible. |
| Relinquishment or Partial Transfer of Titles | To formalize the liability for technical reports on relinquishment and documents for area reduction. | Reports on the mine’s condition upon relinquishment of a mining concession must have an ART. |
| Mineral Servitude and Mineral Reserves Reassessment | To assign technical liability to documents such as memorials and plans, and to mineral reserves reassessment reports. | – |
| Mining Dam Management | To attest to the liability for studies, projects, and inspections, such as the Hypothetical Rupture Study and the PAEBM. | The professional who issues the Declaration of Stability Condition (DCE) must be independent of the professionals responsible for other safety plans. |
| Pollutant Load Declaration | To attest to the liability for reports and studies that substantiate the declaration. | – |
| Legal Responsibility | To guarantee the veracity and quality of information and data provided to the ANM. | The professional and the mineral titleholder are jointly and severally liable. Non-compliance may lead to sanctions and criminal liability. |
The importance of the ART extends to legal liability. The professional who signs the ART and the mineral titleholder are jointly and severally liable for the veracity and quality of the information and data provided to the Public Authority. Failure to comply with this liability can result in administrative sanctions and criminal liability.
It is a regulatory premise that the ANM’s approval of a plan or report does not transfer responsibility to the agency, keeping it entirely with the professionals and the entrepreneur. Furthermore, the failure to submit technical reports with the ART, or to entrust them to qualified professionals, constitutes an infraction, subjecting the offender to legal penalties.
The ART is, therefore, the guarantee that mining is conducted by qualified professionals, with a commitment to following regulations and managing the risks of their activities.
📷Canva/Edition by ÍGNEABR
