The Guia de Utilização (GU) is a legal instrument that provides a strategic opportunity for the holder of a Research Permit to make a mining project viable before a mining concession is granted. It allows for mineral extraction on an exceptional basis.
However, its effectiveness and continuation depend on a series of requirements and obligations. Non-compliance leads to serious risks and penalties. Inadequate management of a GU can result in severe consequences, from fines to the loss of the mining right over the area.
The GU holder must comply with the demands of the National Mining Agency (ANM) and environmental agencies. For example, the absence of a valid and current environmental license invalidates the mining permission and can lead to the immediate cancellation of the GU. Mining and environmental legislation establishes a strict framework for operations, and enforcement bodies have the power to apply sanctions that can compromise the continuity of the activity and the financial health of the enterprise.
Risks of Illegal Mining
The main risk associated with a GU is illegal mining. Mineral extraction without a valid environmental license, even with a GU, constitutes an infraction.
| Infraction Type | Consequences |
| Mining without an environmental license | Operation embargo, seizure of minerals and equipment. |
| Prior illegal mining | The applicant may be prevented from obtaining a GU for the process. |
ANM Resolution No. 37/2020 requires applicants to prove the integrity of the area with maps and images, which makes it difficult to obtain a GU for those who have previously engaged in unauthorized mining. The law treats mining with a GU but without a license, as well as mining without any authorization, as illegal acts. Both subject the offender to penalties that can result in the loss of their mining right.
Bureaucratic Challenges and Obligations
Managing the process with the ANM requires constant attention to deadlines and procedures. The predictability of processing times for requests like GU extensions or mining concessions is not guaranteed and depends on the complexity of the case.
| Deadline and Condition | Details |
| GU extension | Must be requested up to 60 days before the expiration date. For GUs issued before Resolution No. 37/2020, a new GU must be requested, as an extension is not permitted. |
| Tacit extension | Can occur for up to one year if the ANM does not respond, but compliance with obligations must be maintained. |
| Debt management (TAH) | The Annual Fee per Hectare (TAH) must be current. Outstanding debts can be paid in installments, but non-payment of the first or any subsequent installment can lead to the cancellation of the installment plan and the immediate collection of the full amount. |
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