Recently published in the Official Gazette of the Union, CNPM Resolutions No. 3 and 4/2026 set forth key guidelines from the National Mineral Policy Council for two major priorities in the mining sector.
While Resolution No. 4 provides recommendations for regulating the Mineral Resources Inspection Fees (TFRM) levied by Brazilian states, Resolution No. 3 establishes a Working Group to propose the National Program for the Reduction and Reuse of Mining Tailings (PNRRM).
Resolution No. 4, published on August 14, 2026, guides the Ministry of Mines and Energy (MME) to coordinate with federative entities and industry stakeholders to build regulatory alternatives for the TFRM.
The alternatives proposed under the rule cover:
- Exercise of Police Power: Direct alignment of the fee with the actual exercise of regulatory oversight and inspection activities.
- Proportionality: Equivalence between operational inspection costs and the fee amounts charged.
- Revenue-Raising Purpose: Guidelines to prevent these fees from serving a strictly revenue-raising purpose for public coffers.
- Transparency and CFEM: Public disclosure of calculation methodologies and harmonization with the Financial Compensation for the Exploration of Mineral Resources (CFEM).
Resolution No. 3, published on the same date, establishes a Working Group to draft the PNRRM, grounded in the principles of the National Solid Waste Policy (Law No. 12,305/2010).
The Working Group will bring together key entities, including the Ministry of Mines and Energy, the Ministry of Environment and Climate Change, the ANM, the Geological Survey of Brazil, the Centre for Mineral Technology, and the Ibama. The WG will have a 150-day deadline to submit proposals regarding:
- Reduction and Utilization Strategies: Alternatives for reducing, recycling, and beneficially using tailings and waste rocks.
- Land Rehabilitation: Proposals for reclaiming lands degraded by mining activities.
- Regulatory Enhancements: Assessment of potential updates to existing frameworks and the introduction of environmental incentives.
- Research and Innovation: Support for scientific and technological development across the life cycle of mineral products.
To maintain regulatory compliance and foresight, industry players should track the ongoing discussions between the MME, state authorities, and trade associations regarding fee standardization, as well as the findings and proposals to be presented by the Working Group at the end of its mandate.
📄 To review the full text of the rules, access the official publication here. [CNPM Resolution No. 3/2026 and CNPM Resolution No. 4/2026]
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