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Brazil: ANM publishes regulatory measures applicable to the safety of mining dams

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In brief

On 16 February 20221, the National Mining Agency (ANM) published Directive No. 95 of 7 February 2022, defining the regulatory measures applicable to mining dams pursuant to the National Policy on Dam Safety. The resolution enters into effect on 22 February 2022 and establishes mandatory deadlines for entrepreneurs.

Further details

The resolution aligns the agency’s guidelines with the modifications in the National Policy on Dam Safety introduced by Law No. 14,066/2020. It also consolidates several important guidelines, such as the registration of structures in the Integrated System of Safety Management of Mining Dams (SIGBM), and the criteria for Risk Classification and Associated Potential Damage, Dam Safety Plan, Regular Inspections, and Action and Emergency Plan.

In addition, the directive establishes, among others, the following deadlines for compliance:

  1. Submission of the flood map for all mining dams into the SIGBM by 30 September 2022, or before the first filling for new dams registered after such date
  2. Preparation of an Emergency Action Plan by 30 June 2023
  3. Removal of the facilities designed for administrative, living, health and recreational activities in ZAS until 30 June 2022
  4. Proof of mandatory compliance with the minimum qualification of the technical team responsible for the dam by 30 June 2022
  5. Registration of the Engineer of Record for dams with high Associated Potential Damage until 30 June 2022

Our Environment, Consumer Affairs and Sustainability team is available to provide further clarification on the subject.

1 Republished on 18 February, 2022 as it featured misprints in the Official Gazette 16 February publication.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America.  Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee.

Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders.

Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Fernanda Bueloni is an Associate in Trench Rossi Watanabe, Sao Paulo office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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