The Brazilian National Mining Agency (ANM) published Resolution No. 246 on August 6, 2026, granting an extraordinary extension for procedural deadlines impacted by operational outages across its Digital Protocol, Cadastral Data, and Mining Data systems between April 2 and July 13, 2026.
Under the new rule, procedural deadlines originally expiring within this period are now extended until September 28, 2026, at 11:59:59 PM (BRT), provided their fulfillment strictly depended on accessing and utilizing these specific institutional systems.
However, both the regulation and good corporate compliance practices establish clear boundaries regarding the application of this extension.
The deadline extension does not apply to the following obligations and circumstances:
- Safety and Environmental Obligations: Compliance with demands or actions whose non-fulfillment could pose risks to health, life, the environment, or property. The duty of diligence regarding operational safety and infrastructure integrity remains the sole responsibility of the mining titleholder.
- Right of Priority: New mineral right applications subject to precedence rules. Because system outages affected all stakeholders equally, statutory priority rules remain unchanged.
- Specific Systems and Statutory Filings: Deadlines associated with the Mining Dam Management System (SIGBM), the Annual Mining Report (RAL), and the Mineral Exploration Investment Statement (DIPEM) remain strictly governed by their respective regulations.
In addition to individual procedural deadlines for titleholders, Resolution No. 246/2026 extends the deadline to September 28, 2026, for the ANM to publish the provisional annual calculation list for royalty distributions (CFEM) owed to states and municipalities affected by mining activities (pursuant to Decree No. 11,659/2023 and ANM Resolution No. 143/2023).
Recommendations for Mining Asset Management
While this regulatory relief provides necessary breathing room until September 28, mining operators should avoid postponing action until the final deadline. We recommend three immediate measures:
- Audit Pending Deadlines: Conduct a thorough audit to identify obligations that expired specifically between April 2 and July 13 and required access to the Digital Protocol, Cadastral Data, or Mining Data systems.
- Ensure Compliance with Exceptions: Filings related to SIGBM, RAL, DIPEM, and environmental or safety requirements were not extended. Continue submitting these on schedule to avoid notices of infraction and penalties.
- File Early: Avoid waiting until September 28 to transmit filings. System traffic is expected to spike near the deadline, creating a high risk of server overload and potential technical bottlenecks.
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