Law No. 12/2021, of 30 June 2021, approving the Mining Code was recently enacted.
 

After several years of discussion and preparation of this statute, this is an important step for the country as this strategic sector was lacking an adequate legal framework. It is expected that the approval of this regime will create the conditions to attract the necessary investment for the development of the mining sector.

The new Code governs all aspects related to the exploration of mineral resources in the country, including, notably, the classification of minerals, the rights and duties of mineral rights’ holders throughout all the phases of the mining activities and the procedures for the acquisition of such rights. The Code also defines the rules on the right to access and occupy land, and relevant compensation for damages and relocation of local communities, as well as the environmental and fiscal frameworks applicable to the mining sector.
 

The Autoridade Nacional de Petróleo e Minerais (ANPM) shall act as the Regulatory Authority for the Mining Sector, and be in charge of monitoring, supervising and regulating the mining activities carried out in the country.

The Mining Code will enter into force 180 days after its publication.

For more information on this Legal Alert please contact:
Ricardo Alves Silva