The National Mining Agency (ANM) has approved Resolution No. 136/2023, which is awaiting confirmation by the Collegiate Board at its next Public Meeting.
This resolution proposes specific modifications to the provisions of Resolution No. 122/2022, which deals with procedures related to the investigation of infractions, imposition of sanctions, and establishment of fine amounts resulting from non-compliance with obligations in the mineral sector.
Resolution No. 136/2023 is the first outcome of the working group established by Ordinance No. 1,326/2023, responsible for conducting the ongoing normative review.
According to the established schedule, it is expected that the final proposal will be examined and deliberated by the ANM Collegiate Board by November 2023.
Within this resolution, six articles of Resolution No. 122/2022 have been amended, with a focus on articles 23 and 29, which determine different levels of severity for each infraction, aiming to facilitate understanding and assessment by entities regulated by the mineral sector.
Among the changes implemented, paragraph 3 of article 57 stands out, explicitly stating that fines charged as Financial Compensation for Mineral Exploitation (CFEM), as provided in article 21, paragraph I, are not subject to damages. Additionally, the deadline for the reduction factor, as stipulated in article 68, has been extended until December 1, 2023.
Regarding articles 22 and 56, improvements have been made to enhance comprehension. In article 22, sanctions have been redirected to the relevant paragraphs, while changes have been made to clauses I and II of article 56 to facilitate understanding of their respective calculation bases.
The ANM reaffirms its commitment to transparency and technical expertise in the development of regulations, with the aim of establishing a legitimate, secure, and effective regulatory environment.
For the full text of the regulation, please refer to the following link: Resolution No. 136/2023.
Source: Brasil Mineral and Official Gazette of the Union.
