With the announcement of Public Hearing ANM No. 2/2025, regarding the draft Edict for the 9th Round of Mineral Area Availability, the topic returns to the sector’s spotlight. To assist your strategy for acquiring new assets, we detail the essential concepts and procedures that govern the ANM system.
1. Origin and Purpose: Where Do Available Areas Come From?
Area Availability is a fundamental procedure for the management of mineral resources. It refers to areas that have been released or unencumbered for various reasons and have returned to the Federal Government .
- Origin of Areas: Areas are declared available when no further administrative remedy is possible against the act of release (final administrative decision), or when the mining right has been extinguished (e.g., renunciation, loss of the title).
- Purpose of the Procedure: The availability occurs via Public Offering, through objective selection and judgment criteria, defined by ANM Resolution, to confer the right of priority to the new applicant to request Exploration Authorization or Development Concession.
2. Status Conflict: Available Area vs. Free Area
For the acquisition of assets, it is crucial to differentiate the legal status of an area:
| Status of the Area | Legal Characteristic | Procedure for Acquisition |
| Encumbered Area (in Availability) | Was under a previous title, returned to the Federal Government, and is subject to a Public Offering Notice. | Acquisition depends on an Expression of Interest in SOPLE and eventual Auction (tie-breaker). Immediate Application is not possible. |
| Free Area | Was already subject to Public Offering but was not acquired; or was never subject to a concession; or was unencumbered without impediments. | It is unimpeded for immediate Application, where the rule of right of priority applies (first to request). |
The declaration of intent for areas in availability is done through the SOPLE (System of Public Offering and Auction of Areas), within the 60-day period established in the Public Notice. The attempt to request an encumbered area outside the Public Offering Notice results in the denial of the request.
3. Tie-Breaking: Ratification, Auction, and Right of Priority
After the Expression of Interest period (60 days), the result of the Public Offering defines the continuation of the process:
- Ratification Scenario (Single Expression): If there is only one expression of interest, the interested party acquires the right of priority and is notified to protocol their request for the mining title within 30 days (the auction is dispensed with).
- Auction Scenario (Multiple Expressions): The area proceeds to the tie-breaking stage. The priority criterion is by financial proposal (auction), but the Public Notice may specify other objective criteria.
Areas may be made available for both exploration and exploitation, at the ANM’s criterion, and the Granting regime may differ from the original process.
4. Perspectives and Regulatory Alert
The 9th Round of Mineral Area Availability reinforces the importance of this regulatory mechanism. However, it is essential to remember that the draft Edict is subject to 100% modification and should not be used as the final version. Participation in the Public Hearing is fundamental to influencing the terms that will govern the tie-breaking criteria and the costs.
- For a detailed analysis of the provisional schedule and the new cost structures (registration fee, acquisition fee, and proposal guarantee), check our exclusive article on the 9th Round.
For more information, please contact us!
📷Canva/Edition by ÍGNEABR
