In the mineral market, “slicing” a deposit through a partial assignment or partial lease is one of the business moves used to capitalize a company, attract strategic partners, or focus on specific substances. However, how can this be done while maintaining compliance with the National Mining Agency (ANM)?
With the recent decentralization promoted by ANM Ordinance No. 2,030/2026, the Regional Offices gained direct autonomy to decide on assignment and lease processes. As a result, the commercial process tends to become faster, however, the technical scrutiny regarding how this area is divided requires maximum documentary precision.
For an area division transaction to get off the ground with legal certainty, the miner must understand the following:
1. The “What” and the “Why”: Resizing vs. Technical-Economic Justification
When a polygonal area is divided, the ANM requires the simultaneous presentation of two documents that complement each other like gears:
- Reserve Resizing (The “What”): This involves geological expertise. It accurately recalculates and identifies the quantity and grade of the ore that specifically corresponds to the portion of the deposit being negotiated. All this mathematics must be perfectly delimited and demonstrated in a georeferenced detailed plan (in the SIRGAS 2000 Datum).
- Technical-Economic Justification (The “Why”): This is the business plan and regulatory compliance. It serves to prove to the ANM that the division will not harm or make unviable the exploitation of the original deposit that remained with the titleholder, and that the new separated portion is capable of operating in a viable, autonomous, and sustainable manner.
Important: Presenting the resizing without the economic justification, or vice versa, is grounds for the immediate freezing of the process and can jeopardize the approval of the request and the compliance of the title.
2. The New Mining Plan: Irreducible Requirements
Whoever assumes the separated area (the new assignee or lessee) does not only inherit the right to the ore; they inherit the obligation to mine with technical responsibility. The new Mining Plan must be fully compatible with the portion of the mineral reserves that was negotiated and with the original Economic Exploitation Plan (PAE) of the mother mine.
By force of law, this new plan must contain:
- The detailed technical design of all extraction and processing operations.
- The Emergency, Rescue, and Salvage Plan (essential for the safety of the work fronts).
- The Environmental Impact Control Plan in Mining (PCIAM).
Who can sign? The documents require shared responsibility and must be prepared by legally qualified professionals, accompanied by their respective Technical Responsibility Notes (ART).
3. Proof of Financial Capacity
The ANM wants to avoid the existence of purely speculative titles or mining fronts that may be abandoned due to a lack of cash flow. Therefore, proving financial capacity is an eliminatory step.
It is done through a formal declaration in the name of the new titleholder or lessee. The interested party must documentarily prove that they:
- Have their own resources available to start the operation; or
- Present a firm fundraising commitment, demonstrating how and where they will seek the necessary financing to execute the plan and operate the mine.
In summary, dividing a mineral area is an excellent market move, but the success of the transaction does not end at the signing of the contract. It depends on the strict technical approval from the ANM.
Are you planning to divide or resize the reserves of your deposit? Talk to Ígnea and count on specialized consulting to ensure total legal certainty and the technical approval of your process.
Technical data based on the current guidelines of the National Mining Agency (ANM).
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