In previous posts, we’ve discussed the possibility of transferring rights from a mining title at ANM to another holder. This transfer can occur in two ways: through the partial assignment of an area associated with a mining title or through the complete assignment of the associated area.
Today, we’ll focus on the details of the Complete Transfer.
The complete transfer of mining rights implies the full transfer of a title, where the new holder (assignee) assumes all the rights and responsibilities of the former holder (assignor), maintaining the same legal position.
To request the Complete Transfer, it’s necessary to submit an application accompanied by a public deed or private instrument with recognized signature, detailing the complete transfer of mining rights, also indicating the current phase of the process.
When can the Complete Transfer be requested?
- For Research Authorization Titles: The complete assignment can be requested from the date of publication of the Authorization in the Official Gazette of the Union until the expiration of the authorization or its extension, if the assignee is an individual or legal entity. The necessary documents for instruction must comply with article 16, item I, of the Mining Code.
- For processes in the stage of mining request, mining concession, or licensing: The complete assignment is only possible if the assignee is a legal entity or entrepreneur.
- For Garimpeira Mining Permission Titles (PLG): The complete assignment can be requested when the assignee is an individual or a cooperative of miners.
In cases where the title is in the stage of Right to Apply for Mining, the transfer of rights does not affect the legal deadline of 1 (one) year to request the mining concession.
If the title is in the stage of Mining Concession, the assignee must present proof of funds availability in their name.
In the case of registration of the complete assignment of rights, it’s necessary to include in the documentation a new municipal license in the name of the assignee, as well as a document proving ownership of the land or authorization from the surface owner for mineral extraction.
How to Request the Complete Transfer of Mining Rights
To initiate the process of requesting the complete transfer of mining rights, follow the steps below:
- Access the Mining Registry System: Go to the ANM website and fill out the electronic form “Complete Transfer Request”.
- Issue and Pay the Fee: Use the Boleto Issuance System to issue and make the payment of fee number 8.
- Access the Digital Protocol:
The applicant or their representative, through Gov.BR or CTDM password, must access the Digital Protocol. There, the generated pre-request will be available under the option “Protocol by Request Code“.
Provide the Our Number code of the issued and paid Complete Transfer fee. Attach all mandatory and complementary documents, including proof of payment of fees.
Important: The filled-out request will be available in the Digital Protocol for 30 days, exclusively for the applicant/holder or authorized representatives. Filling out the electronic pre-request alone does not guarantee the transfer of rights over the area.
The transfer will occur after the protocolization of the request, provided that the requirements established in the current legislation are met.
For more information on access and protocolization, refer to the Digital Protocol Manual and the instructional videos for accessing ANM systems.
After submitting the rights transfer request, the competent sector will analyze it, considering the process phase and the content of the documents presented.
If you still have doubts or need additional guidance on the process of Complete Transfer of Mining Rights, don’t hesitate to contact us.
We’re here to help clarify your questions and ensure you can complete all steps with confidence and efficiency.
You can reach us through the link: CONTACT US.
