The management of the pause in a mining venture demands a technical distinction between the paralysis of the administrative process (Stay of Proceedings) and the interruption of the mine’s physical operations. The Temporary Suspension of Mining Works is the service that allows the Development Concession titleholder to cease activities, but it imposes a series of maintenance and safety obligations that, if breached, generate the infraction that culminates in title forfeiture.
- Requested Suspension: The Procedural Rite and Technical Justification
The Temporary Suspension of Mining Works is a titleholder’s right, but it must be formally requested and duly justified. This procedure requires formality and technical rigor from the applicant:
Formal Procedure: The application must be formulated in writing, justified, addressed to the ANM Collegiate Board, and filed in the Digital Protocol System by process number.
Mandatory Documentation: The request must be instructed with the Explanatory Message and the Requested Term. The most important document is the Technical Report required by Article 58 of the Mining Code. This report must attest to the mine’s general condition, the remaining reserves (geological and exploitable), the updating of topographic surveys, and a report on the work performed.
ANM Verification: The decision on the suspension is issued only after on-site verification by an ANM technician.
- The Obligation: Maintenance, Safety, and the Risk of Infraction
The greatest risk in Temporary Suspension is the shift in the miner’s focus. Halting the exploitation is not the cessation of responsibility. The legislation is clear: the titleholder is obliged to maintain the mine in good condition and under safe conditions to allow for the future resumption of operations. The contravention of this obligation is classified as a Group IV Infraction, subject to revocation.
During the period of suspension of mining operations, the titleholder must submit and execute plans concerning:
Water Table Monitoring and Effluent Control: With characterization of controlling parameters (using Phreatic Water Table Monitoring and Effluent Control).
Maintenance of Installations and Equipment: To prevent deterioration and ensure operational safety.
Mine Drainage and Impact Mitigation: Risk management in the physical environment, especially water resources.
The omission in notifying the ANM prior to the temporary suspension also constitutes a serious infraction, subject to fines.
- Suspension Imposed by the ANM and the Six-Month Rule
The Temporary Suspension is also listed as one of the penalties that the ANM may apply for breaches, such as non-compliance with standards that compromise the safety of activities or the unjustified refusal to submit requested documents. The suspension, in this case, is a punishment that lasts until the obligation is resolved, in addition to the application of a fine.
A common error that results in a penalty is the unlawful interruption of work. Discontinuance of the already initiated exploitation for more than six consecutive months without due communication and approval of force majeure is an infringement that subjects the titleholder to sanctions, reinforcing the ineluctable need to formalize the pause via application.
Conclusion
In synthesis, the Temporary Suspension is the operational tool that allows the Development Concession titleholder to pause activities, but it requires that the application be instructed with precise technical reports that prove the capacity for maintenance and safety. The risk of Title Forfeiture is intrinsically linked to the failure to manage the obligations during the pause, and not to the act of requesting the suspension itself.
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