The National Council for Mineral Policy (CNPM) published a package of resolutions over the past few weeks. In total, six rules were issued: Resolution No. 1/2026 addresses the strengthening of the national geological service, No. 2/2026 covers risk classification for mineral exploration without an Experimental Mining License (GU), Nos. 3 and 4/2026 concern TFRM and tailings reuse, and No. 6/2026 addresses uranium’s contribution to nuclear and defense programs.
This article, however, covers CNPM Resolution No. 5/2026, which seeks to reduce a recurring problem in the daily operations of mineral titleholders: idle mining areas.
Under the current scenario, a mining title can sit idle for years, without real progress in exploration or mining work, until the ANM identifies the inactivity. The outcome usually comes late: denial of an extension, forfeiture of the title, or the area’s return to the availability regime for auction.
With this in mind, the newly issued rule directs federal agencies, particularly the Ministry of Mines and Energy, to draft specific regulations over the coming months. The direction has already been set, but the practical effect still depends on that future regulation. It’s worth the attention of anyone with idle areas in their portfolio.
The 4 Fronts of the New Directive
1. Stricter Temporary Suspension
The Resolution recommends objective criteria for granting and maintaining the temporary suspension of exploration and mining activities, distinguishing between stoppages caused by external factors, beyond the titleholder’s control, and stoppages resulting from a business decision. Incomplete studies, documents, or information of poor technical quality will no longer be able to justify inactivity.
2. Mine Abandonment Under Objective Criteria
The rule directs the improvement of the framework governing the abandonment of a mineral deposit or mine, with a more objective and timely identification of non-compliance situations, respecting due administrative process while accelerating the area’s return to the availability regime once abandonment is established.
3. Mining Groups Under Scrutiny
Areas combined under a single mining group will now require a demonstration of technical rationale and proof of the operational or strategic function of each individual area, with an individualized assessment of non-productive areas, to prevent the use of mining groups as a way to retain idle areas.
4. Compensatory Charge on Mining Inactivity
The most sensitive point: the Resolution recommends that the Ministry of Mines and Energy study the creation of a financial charge on mining inactivity, with an inductive, proportional, and progressive character over time, while preserving cases of duly justified stoppage. There is still no defined value or formula, but the regulatory intent has been made explicit.
Impact on Mining Portfolio Management
Areas with little or no recorded technical progress now face a higher risk of denial and forfeiture, even without an isolated enforcement action. Mining groups formed without a clear technical justification may be dismantled or reassessed. Passively holding areas without any real intent to develop them tends to stop being a low-risk strategy.
On the other hand, greater turnover of areas expands opportunities for those looking to expand their reserves: areas that return to the availability regime tend to be offered more quickly and transparently, including through auctions.
How to Prepare?
- Portfolio audit: identify areas with limited technical progress or those that have been inactive for longer, before the detailed regulation takes effect.
- Documentation of justifications: gather and organize the technical justifications for any ongoing suspension or stoppage, with proof of external factors where applicable.
- Review of mining groups: reassess existing mining groups for technical rationale and the function of each individual area.
- Monitoring availability auctions: for those seeking new titles, closely following area-offering auctions becomes an even more strategic priority.
To review the full text of the regulation, access CNPM Resolution No. 5/2026.
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