The ANM clock

Brazilian mining law follows a normative sequence with deadlines established by statute, from the exploration permit to the mining concession. Each stage is linked to a time window that, if exceeded, may result in the loss of rights or the requirement for a new application. Strict compliance with these deadlines directly impacts investment legal certainty and the operational viability of exploration projects. Understanding the National Mining Agency (ANM) “clock” allows for the anticipation of requirements and the planning of execution in alignment with the regulatory regime.

Stage 1: the exploration permit and the term of up to 4 years#

The exploration permit is issued based on Decree-Law 227/1967, article 22, which sets a maximum term of four years for conducting mineral exploration activities. This term may be extended, as provided for in Law 14.514/2022, subject to technical justification and ANM approval. The term count begins on the publication date of the Ordinance granting the permit, regardless of any subsequent administrative delays.

During the validity of the permit, the titleholder must develop prospecting, drilling, and sample analysis programs to generate sufficient information for assessing the deposit's economic potential. Failure to meet the goals established in the exploration plan may result in the revocation of the permit or the need for renewal, which is subject to a new technical merit evaluation.

Stage 2: the final exploration report, within the permit's validity#

In accordance with Decree 9.406/2018, articles 25 and 28, the final exploration report must be presented before the expiration of the exploration permit. The document consolidates the results obtained, including resource delimitation, reserve estimates, and economic viability indicators. The ANM evaluates the report regarding methodological consistency, adherence to the approved exploration plan, and the sufficiency of data to support the decision to grant a mining concession.

Late or incomplete delivery of the report may prevent progression to the mining phase, as the regulatory body requires demonstration that the exploration has reached the level of detail required for the transition to the exploitation regime. In some cases, the ANM may grant an additional period, provided that a plausible justification and supporting documentation are presented.

Stage 3: the one-year window to apply for a mining concession#

Decree 9.406/2018, article 28 (Mining Code, art. 31), establishes that, after the approval of the final report, the titleholder has a period of up to 12 months to file the application for a mining concession. This period runs from the publication date of the decision recognizing the viability of the exploration and is peremptory; its expiration implies the extinction of the right to advance to the mining phase, requiring the titleholder to initiate a new exploration cycle.

Illustrative example: imagine an investor who finishes the exploration report in December and, due to an internal planning failure, only submits the mining application in January of the following year. The 12-month calendar is already in progress; if the ANM does not receive the documentation by the last day of December, the right to mine is automatically lost, requiring the reopening of an exploration permit and the repetition of field procedures.

Practice has shown that most applications are submitted between four and eight months after report approval, in order to ensure a safety margin against potential requests for complementary documentation or adjustments to technical parameters.

Stage 4: the PAE and the environmental license as conditions for the concession#

Approval of the Economic Exploitation Plan (PAE) and obtaining the environmental license are indispensable prerequisites for granting the mining concession, in accordance with Decree 9.406/2018, article 33. The PAE describes in detail the extraction methodologies, production schedule, impact mitigation measures, and mine closure plans. The environmental license, issued by the competent bodies, validates the project's compatibility with environmental protection legislation.

• Checklist of requirements for the mining concession
• Submission of the complete PAE, containing an economic feasibility study and waste management plan.
• Presentation of the Environmental Impact Report (RIMA) approved by environmental agencies.
• Obtaining the Preliminary License (LP) or Installation License (LI), depending on the project stage.
• Compliance with occupational health and safety conditions established by regulatory bodies.
• Registration of socio-environmental responsibility commitments, including prior consultation with local communities.
• Demonstration of financial capacity to implement mitigation measures and the closure plan.

Failure to satisfy any item on the list prevents the issuance of the concession, even if the mining application was filed within the 12-month period.

Stage 5: the mining concession, granted by Ordinance of the Minister of Mines and Energy#

The mining concession is formalized by an Ordinance from the Minister of Mines and Energy, in compliance with Decree 9.406/2018, article 33. The Ordinance contains the description of the granted areas, exploitation conditions, validity periods of the concession, and environmental monitoring obligations. The validity of the concession may be renewed upon demonstration of compliance with conditions and the continuity of economic activity.

The Ordinance also specifies the control instruments that the ANM may exercise, such as the requirement for periodic production reports, environmental compliance audits, and the possibility of revising conditions in the event of significant changes in operational circumstances.

How long does this take in practice today#

Data presented by the ANM at CBMINA 2025 indicates that, following the digitalization of the electronic exploration application (REPEM), the average time for issuing exploration permits has fallen from approximately 565 to 130 days — a reduction of over 75%. The full cycle, from exploration permit to mining concession, does not have a single fixed term: this initial time is added to up to 4 years of exploration (with possible extension), the 12-month window to request the mining concession, and the variable time for PAE approval and environmental licensing. The reduction in permit issuance times has allowed titleholders to advance more rapidly to the exploration phase, but the 12-month window to apply for the mining concession remains the critical link that determines the continuity of the mining right. Systematic monitoring of these time intervals ensures the maintenance of legal certainty and prevents the need to restart the regulatory process.

When observing the sequence of stages and their respective deadlines, it is evident that disciplined adherence to the ANM “clock” is determinant for the consolidation of mineral projects in Brazil, aligning exploration with the regulatory framework and ensuring the predictability required by international investors.

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