The ANM has opened Public Consultation No. 03/2026 on a draft resolution governing the issuance of a Declaration of Public Utility (DUP) for purposes of mineral easement or expropriation. The proposed rule replaces the Technical Easement Report, whose basis, item 27 of DNPM Normative Instruction No. 1/1983, is repealed by art. 17 of the draft. The draft is not in force and may change; the consultation closes on Thursday, November 5, 2026.
The application steps follow, in the order the applicant will encounter them.
1. Define the purpose: easement or expropriation
The draft distinguishes the two applications by the degree of restriction imposed on private property (art. 4, §1):
- Easement: works or services that impose partial restrictions on the use of the property, such as power transmission lines, telecommunication cables, or pipelines.
- Expropriation: only where it is shown that the works or services will require full and exclusive use of the property, such as tailings dams and water reservoirs.
Two conditions apply. Expropriation of an area containing mineral resources or reserves is prohibited (art. 4, §2) and, where the property is in the public domain, the applicant must obtain the right of use from the public body that holds it (art. 4, §3). The decision template annexed to the draft includes a field for stating the purpose, and the Technical Note records that the ANM did not accept a generic DUP that leaves the purpose undefined.
2. Assemble the documents
The application is filed electronically and must be accompanied by (art. 5):
- a descriptive report of the area and a project location plan, both referenced to SIRGAS2000 and electronically signed, with the plan signed by a licensed professional;
- an explanatory report on the project, covering the facilities and the technical justification;
- a statement of siting feasibility;
- a simple power of attorney, where the application is filed by an attorney-in-fact.
Neither the identification of the landowner nor proof of a prior attempt to reach an agreement is required (art. 6).
3. Demonstrate indispensability and siting alternatives
In its review, the ANM assesses whether the works or services are indispensable, whether the size of the area is adequate for its purpose, and whether siting alternatives exist (art. 8). It may require such alternatives where the area overlaps mineral resources or reserves that are approved or pending review, poses an operational risk that a viable alternative could eliminate or reduce, or interferes with a project of significant national interest, such as pipelines, railways, and transmission lines (art. 9).
In comparing alternatives, the ANM gives preference, in the following order, to the polygon of the applicant’s own title; areas encumbered by the applicant’s own mining rights; free areas; areas in availability (disponibilidade); and, lastly, areas encumbered by third parties that are not in the exploitation phase and contain no approved or pending resources or reserves. Where no more suitable alternative exists, the DUP may be issued upon sufficient technical demonstration of the proposed solution (art. 9, §2).
4. Avoid denial
An application will be denied where (art. 11): it still lacks the required documents and information after the ANM has issued a formal requirement; it is filed directly in the mining tenement’s own case file; the works or services are not considered indispensable; or a requirement issued by the ANM is not met. The decision rests with the Superintendence for the Granting of Mining Titles, and appeals are available under ANM Resolution No. 211/2025 (art. 10).
5. After issuance
- Five-year validity: within that period, the applicant may establish the easement by agreement or bring the corresponding court action; if it expires without a lawsuit or an agreement, a new application may be filed (art. 12). An agreement with the landowner does not depend on the DUP (art. 12, §2).
- Publicity: issued DUPs will be made available on a dedicated web page (art. 13), allowing the areas already declared to be consulted.
- No priority: the DUP confers no priority for obtaining a mining title (art. 3).
- Notification: the easement or expropriation must be reported to the ANM within sixty days of its registration with the real estate registry (art. 14).
- Costs: the beneficiary establishes the easement or carries out the expropriation at its own expense (decision template annexed to the draft).
Pending cases and participation
If adopted, the resolution will apply to DUP applications and mineral easement reports pending review or decision on the date it takes effect, and the ANM may order that those cases be brought into line with its provisions, failing which the application will be denied (art. 16). The consultation closes on Thursday, November 5, 2026; contributions are submitted through the Brasil Participativo platform.
Read also: What the New DUP Regulation Proposes and Mineral Easement: An Analysis of Article 59 of the Mining Code.
Want to know how Ígnea can help with your mining tenements? Contact our team.
Source: ANM Draft Resolution No. 20348109 (July 14, 2026) and Technical Note SEI No. 1819/2026, Public Consultation No. 03/2026.
