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Regulatory pathway

The asset ladder × the ANM pathway.

A mineral asset climbs two ladders at once: the legal one, in the mining-title process, and the knowledge one, in the reporting-code categories. This page sets them side by side, with the rule behind each step.

There are two independent tracks. The legal track is the process at the ANM (National Mining Agency): application, exploration permit (alvará), final report, mining application, mining concession (Portaria de lavra). It defines who holds the right, for how long and with which duties. The knowledge track is the set of reporting-code (CRIRSCO) categories: Exploration Target, Inferred, Indicated and Measured Resources, Probable and Proved Reserves. It defines what may be said publicly about the quantity and quality of what is in the ground.

Neither advances on its own: a right at an advanced stage may carry little declared knowledge, and a good resource may sit under a fragile right. IncorpMine reads the two together. Deadlines and rules below are those fixed by statute or regulation; nothing here describes the ANM's processing time.

The ladder, step by step#

  1. Occurrence with no titleNo title
    In Brazil (ANM)

    The area is not under a mining right held by the interested party. No priority right arises from merely observing an occurrence.

    In the reporting code

    No reportable category. A showing or anomaly is neither an Exploration Target nor a Resource.

    JORC 2012, cl. 17 and 20
  2. Exploration applicationPriority
    In Brazil (ANM)

    Filing gives priority over the area. The exploration application cannot be assigned: the DNPM Normative Consolidation (Ordinance 155/2016, in force as amended up to ANM Res. 225/2025) admits no assignment or transfer of applications for an exploration permit, a licence registration or a PLG.

    In the reporting code

    No reportable estimate. Exploration results, if any, follow the disclosure rules of the applicable code.

    DNPM Ordinance 155/2016, art. 224, §3
  3. Exploration permit (alvará)Exploration
    In Brazil (ANM)

    Valid for up to 4 years on the applicant's request, extendable for an equal period; more than one extension only in cases the regulation provides. The annual per-hectare fee (TAH) applies. The permit may be assigned or transferred to a party meeting the legal requirements, and the assignment is valid only once recorded at the ANM (art. 22, I and I-A).

    In the reporting code

    Exploration stage: Exploration Results and, where appropriate, an Exploration Target.

    Mining Code, art. 22, I, I-A and III (Law 14,514/2022); art. 20, II
  4. Exploration TargetExploration Target
    In Brazil (ANM)

    An estimate of potential within the exploration stage, before any final report. It does not change the status of the title.

    In the reporting code

    Exploration Target: a range of tonnes and a range of grade. The terms Resource and Reserve must not be used in this context.

    JORC 2012, cl. 17
  5. Drilling, QA/QC and first Inferred ResourceInferred Resource
    In Brazil (ANM)

    Exploration work carried out under the permit, whose results feed the final report.

    In the reporting code

    Mineral Resource: a concentration with reasonable prospects for eventual economic extraction, in the Inferred category (then Indicated and Measured). Requires sampling data controlled by QA/QC.

    JORC 2012, cl. 20; ANM Resolution 94/2022, art. 4
  6. Final Exploration Report (RFP) and its approvalRFP
    In Brazil (ANM)

    The RFP is filed within the permit's term, whatever the result (Decree, art. 25, § 1); failure to file cancels the title (§ 3). Its approval opens the next window. Since Resolution ANM 94/2022 took effect (07 Aug 2022), the RFP uses the art. 4 concepts (art. 10), under the responsibility of a legally qualified professional (art. 11).

    In the reporting code

    Exploration potential, Inferred/Indicated/Measured Resource and, if a study exists, Probable/Proved Reserve. In an RFP filed before the rule took effect, the old "measured/indicated/inferred reserve" is read as a Measured/Indicated/Inferred Resource (art. 9, I), never as a reserve.

    Decree 9,406/2018, art. 25; ANM Resolution 94/2022, arts. 4, 9, 10 and 11
  7. 1-year window to apply for miningNegotiable
    In Brazil (ANM)

    Once the RFP is approved, the holder has 1 year to apply for the mining concession, extendable for an equal period on a justified request filed before expiry. Within that period the holder may negotiate the right: assignment is allowed after the permit's term and before the concession is granted (Decree, art. 42, sole paragraph), and the right may be encumbered and given as security (Mining Code, art. 92-A).

    In the reporting code

    The point where a buyer asks what the RFP supports: a Resource, not a Reserve. A Reserve needs a pre-feasibility or feasibility study.

    Mining Code, art. 31 and sole paragraph, and art. 92-A; Decree 9,406/2018, arts. 28 and 42, sole paragraph; JORC 2012, cl. 29
  8. Mining application with PAEPAE
    In Brazil (ANM)

    The application is supported by the Economic Development Plan (PAE): processing facilities, indicators of reserves and production, and the mine closure plan.

    In the reporting code

    Ore Reserve: the economically mineable part of a Measured and/or Indicated Resource, defined by a pre-feasibility or feasibility study, with Modifying Factors. A Scoping Study cannot support a Reserve.

    Decree 9,406/2018, art. 32; JORC 2012, cl. 29 and 38
  9. Environmental licensing before the grantLicences
    In Brazil (ANM)

    The environmental licence does not accompany the application. The applicant has 60 days, extendable once, to meet requirements and prove that the licensing request was filed with the environmental agency (art. 31, caput and § 1); from then on it shows every six months that licensing is under way, until the licence is presented to the ANM, on pain of refusal (§ 4). The Decree says "environmental licence" without naming which of the three: LP, LI or LO (CONAMA Resolution 237/1997, art. 8).

    In the reporting code

    Environmental, social and governmental Modifying Factors are part of the Reserve definition.

    Decree 9,406/2018, art. 31, caput and §§ 1 and 4; CONAMA Resolution 237/1997, art. 8; JORC 2012, cl. 29
  10. Mining concession (Portaria de lavra)Concession
    In Brazil (ANM)

    The mining concession is granted by Ordinance of the Minister of Mines and Energy. For substances under Law 6,567/1978, by ANM Resolution.

    In the reporting code

    Reserves declared on the basis of the approved PAE. Public statements follow the CRIRSCO/CBRR guides.

    Decree 9,406/2018, art. 33, caput and sole paragraph; ANM Resolution 94/2022, art. 5
  11. Mining and periodic obligationsProduction
    In Brazil (ANM)

    Mining per the PAE, the Annual Mining Report (RAL) and payment of CFEM on the production sold.

    In the reporting code

    Resources and Reserves are dated estimates: the statement is updated by a Competent Person when material new information arrives.

    Decree 9,406/2018, art. 36; DNPM Ordinance 155/2016, art. 70; Law 13,540/2017; JORC 2012, cl. 9

Side paths#

Not every asset climbs the whole ladder through the exploration permit. Four paths enter or leave it from the side.

Side paths to the exploration permit
PathBasisEssential rule
Utilisation Permit (Guia de Utilização)Decree 9,406/2018, art. 24; ANM Resolution 37/2020Extraction on an exceptional basis, before the mining concession, by prior ANM authorisation. Issued for 1 to 3 years, with one extension of equal length. The resolution sets the cases (feasibility testing, industrial trials) and quantity limits per substance.
Licensing regimeLaw 6,567/1978, arts. 1 to 3Art. 1 substances: sand, gravel and saibro for immediate use in construction; rock dressed for paving stones, kerbs, gutters and posts; clays; crushed rock for immediate use in construction and agricultural limestone; ornamental and cladding rock; calcium and magnesium carbonates. Maximum area 50 ha (sole paragraph). Open only to the landowner or a person the owner expressly authorises, except on land owned by a public-law entity (art. 2). Requires a municipal licence and registration at the ANM (art. 3).
Area availabilityDecree 9,406/2018, art. 45; ANM Resolution 24/2020Released areas return to the market on objective criteria, in SOPLE rounds: public offer and, if more than one party is interested, an electronic auction. With no interested party, the area becomes available.
Assignment and recordingMining Code, art. 22, I and I-A, and art. 55, §1; Decree 9,406/2018, arts. 42 and 44Assignment of a permit, and transfer or encumbrance of a concession, are valid only once recorded (averbado) at the ANM. See the next section for what is, and is not, an assignment.

Utilisation Permit term per the sole paragraph of art. 24 of the Decree and the ANM's official FAQ.

Assignment, recording and purchase options#

Assignment or transfer, in whole or in part, of an exploration permit, a mining concession, a licence registration or a PLG is allowed if the assignee meets the constitutional, legal and regulatory requirements (Decree 9,406/2018, art. 42), including after the permit's term and before the concession is granted (sole paragraph). The ANM regulates by Resolution the cases of encumbrance and the recording procedures (art. 44) and keeps a register of contracts aimed at raising funds or forming partnerships (art. 44, sole paragraph). The basis for recording varies with the title: for the permit, the Code itself says the assignment is valid only once recorded at the ANM (art. 22, I-A); for the concession, art. 55, §1. Mining titles and rights, including the right between the end of the permit and the grant, may be encumbered and given as security (art. 92-A, Law 14,514/2022).

For the exploration permit, the basis is the Code, art. 22, I and I-A, with Decree 9,406/2018, arts. 42 and 44; for a licence registration and a PLG, the Decree, arts. 42 and 44; for the concession, the Code, art. 55, §1. An exploration application cannot be assigned (DNPM Ordinance 155/2016, art. 224, §3); the right to apply for mining and the mining application can be (art. 224, §1). A purchase option is not an act of transfer: it is not recorded as an assignment and does not change the holder of the right; contracts for raising funds or partnerships may be registered at the ANM (Decree, art. 44, sole paragraph). Only a recorded assignment changes the holder. And the holder is always a Brazilian national or a company incorporated under Brazilian law with its seat and management in Brazil (Constitution, art. 176, §1).

Obligations by stage#

Periodic obligations and the stage each applies to
ObligationStageBasisWhat it is
TAHExplorationMining Code, art. 20, II; Decree 9,406/2018, art. 47Annual per-hectare fee on the exploration authorisation, with progressive values. Values are adjusted by the ANM.
RALMiningDecree 9,406/2018, art. 36; DNPM Ordinance 155/2016, art. 70; ANM Res. 122/2022Annual report on the previous year's activities. By 15 March: mine manifests, mining decrees and concessions, mine groupings, mining consortia, licence registrations with an approved PAE, PLG, extraction registrations and areas under a utilisation permit; by 31 March: licence registrations without an approved PAE (art. 70).
CFEMProduction and saleLaw 13,540/2017Financial compensation for mineral exploitation. Rate set by substance; see the CFEM calculator.
Environmental licences and closure planBefore the grant and during miningDecree 9,406/2018, arts. 31 and 32Environmental licence presented before the grant; the mine closure plan is part of the PAE.

RAL dates per art. 70 of the Normative Consolidation and the ANM's official page; if the deadline falls on a weekend or holiday it moves to the next business day (art. 70, § 1).

Where to look, free of charge#

Three free public ANM sources let you check the status of a right before any conversation: