DIPEM: The Risk of Losing Deadlines in Mining Regulation

The failure to comply with an obligation, such as the submission of the DIPEM, can put a mining title document at risk. As a legal obligation, the Mineral Exploration Investment Declaration has a fatal deadline, and its non-compliance can lead to serious penalties.

April 30th of each year is the deadline for submitting the declaration, related to the investments made in the previous year.

The failure to meet the DIPEM submission deadline constitutes a Group II administrative infraction, resulting in the application of fines. Although the declaration can be rectified at any time, the fact that it was not submitted within the initial deadline subjects the offender to sanctions.

DIPEM beyond a report

The absence of a declaration prevents the National Mining Agency (ANM) from monitoring the effectiveness of investments, which can lead to a questioning of the titleholder’s diligence in relation to their own assets.

Inattention to a deadline, even if it seems simple, can have significant consequences for the viability of a project. The legislation establishes sanctions for various types of non-compliance, which demonstrates the complexity of the control system.

Type of DeadlineWhat happens if it is not met?
Start of mining activityFines, and after 6 months of the fine, it can lead to the forfeiture of the mining title document.
Start of explorationSubject to a fine. It can lead to the forfeiture of the title.
Payment of the TAHFine of R$ 4,091.27. If not paid in 30 days after the fine, it leads to the nullity of the exploration permit.

The table illustrates that the failure to meet deadlines is directly linked to the possibility of losing an asset. The management of a mining project requires constant attention to deadlines. The viability and security of a project do not depend solely on geological feasibility, but also on the full and timely fulfillment of regulatory obligations.

The loss of a mining title document, resulting from the non-compliance with a submission date, represents the loss of an asset, a research effort, and an investment of time and resources.

📷Canva/Edition by ÍGNEABR

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