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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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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit 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. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. 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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