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.
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:
- 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
- Preparation of an Emergency Action Plan by 30 June 2023
- Removal of the facilities designed for administrative, living, health and recreational activities in ZAS until 30 June 2022
- Proof of mandatory compliance with the minimum qualification of the technical team responsible for the dam by 30 June 2022
- 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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