In an exploration permit, the mistakes that cost the most are administrative: a missed deadline, a report that was never filed, a fee paid late. Under the law, the consequence can be losing the title or the area. Here are six common assumptions, and what the Mining Code and Decree No. 9,406/2018 say about each.
For context: the permit authorizes exploration. Exploitation depends on an approved final exploration report and a development concession (Mining Code, art. 7). Early extraction under an Experimental Mining License (GU) is the exception, and it requires prior authorization from the National Mining Agency (ANM) (Mining Code, art. 22, §2).
“If my exploration didn’t find anything, I don’t need to file a report”
You do. The final exploration report is mandatory even when the work concludes that there is no deposit, and it must be filed within the term of the permit (Mining Code, art. 22, V, and art. 23; Decree, art. 25, §1). Without it, the permit is canceled in ANM’s records, the area is declared available to other applicants (Decree, art. 25, §3), and the failure is an administrative violation punishable by a fine (Decree, art. 54, XXII). The only exception is full relinquishment of the permit, in which case ANM may dispense with the report (Decree, art. 22, sole paragraph).
“I can request an extension when the deadline is close, and as many times as I need”
No. The extension request must be filed at least 60 days before the permit expires, with a report on the work done and a justification for continuing (Mining Code, art. 22, III, b; Decree, art. 21, II). The rule is a single extension, for up to an equal period. More than one is allowed only where access to the area is blocked, or where the competent environmental authority has not issued its consent or license, and only if the titleholder can show that it was not to blame (Decree, art. 21, §2). A request filed on time keeps the permit valid until ANM decides (Decree, art. 21, §3). How long the permit and its extension run depends on ANM’s regulations, so check the rule that applies to your permit.
“Paying the annual fee late only means a fine”
Not just that. Failing to pay the annual fee per hectare (TAH), or paying it late, is a violation (Decree, art. 54, XXI). The fine comes first. Once it is imposed, the titleholder has 30 days to pay the fee. If it is not paid, ANM declares the permit null and void ex officio (Decree, art. 54, §6; Mining Code, art. 20, §3, II). The TAH is due until the final report is filed, including during the extension (Decree, art. 48). Amounts and due dates are set by ANM, so check the rule in force.
“Once my report is approved, I have all the time in the world to apply for the concession”
No. After the final report is approved, the titleholder has one year to apply for the development concession, and may negotiate its right during that period (Mining Code, art. 31; Decree, art. 28). ANM may extend the deadline for an equal period on a justified request filed before it expires (Mining Code, art. 31, sole paragraph; Decree, art. 28, §1). Without an application, the right is forfeited and the deposit is made available by public notice (Mining Code, art. 32; Decree, art. 29).
“I sold the permit by contract, so the assignment is already valid”
Not yet. An exploration permit can be assigned or transferred to anyone who meets the legal requirements, but the act is only valid once it is recorded with ANM (Mining Code, art. 22, I and I-A; Decree, arts. 42 and 44). Buyers should check that the assignment has been recorded, and sellers should follow the process through to the end.
“I filed for the area, so it’s mine”
No. Filing an application for a free area gives you a right of priority: precedence in obtaining the title, provided the other requirements are met (Mining Code, art. 11, a; Decree, art. 7). Priority is not a title. The application is still reviewed and may draw requirements from ANM, which you have 60 days to satisfy, extendable at ANM’s discretion. If the requirements are not met, the application is denied and the area is declared available (Decree, art. 20, §1 and §2).
What the Six Have in Common
All of them turn on a time window or a formal act: the report within the term of the permit, the 60 days before expiry to request an extension, the 30 days after a fine to pay the fee, the one year to apply for the concession, the recording of the assignment, and the 60 days to satisfy requirements. They call for control: knowing, for each permit, which deadline is running and which step is still missing.
Which of these deadlines most often goes unnoticed in your portfolio?
How ÍGNEA Can Help
ÍGNEA handles Exploration Permit procedures and Title Transfers, performs Administrative Due Diligence before an acquisition, and provides Regulatory Advisory. To review the status of your titles, contact our team.
For informational purposes only. Based on the consolidated text of the Mining Code (Decree-Law No. 227/1967) and Decree No. 9,406/2018, as consulted on October 23, 2026. ANM rules change, and every case has its own particulars. This content is not a substitute for an analysis of your specific case.
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