PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry A variety of mineral resources are mined in Portugal, including metallic minerals such as copper, zinc, lead and tungsten, and industrial minerals such as lithi - um, feldspar, kaolin and limestone. Portugal also has significant deposits of ornamental stones, including marble and granite. Some of the country’s historical mines – such as Panasqueira, Aljustrel and Neves- Corvo – have played a major role in shaping the eco - nomic development of their regions. The Iberian Pyrite Belt is one of the world’s most sig - nificant mining regions, where the Neves-Corvo mine (operated by Lundin Mining) is a major producer of copper and zinc. In recent years, Portugal has emerged as a key player in the global lithium market due to rising demand for lithium-ion batteries for electric vehicles and renew - able energy storage. With several lithium exploration projects (as well as conversion plants) under way, Por - tugal has the potential to become a major supplier of this critical mineral, and to command a strategic position within the global energy transition. 1.2 Legal System and Sources of Mining Law Portugal’s legal system operates under a civil law framework. The main sources of mining legislation have evolved significantly over the years. Until 2015, mining law was regulated by Decree-Law 90/90 of March 16th, which established the Gener - al Regime for the Discovery and Use of Geological Resources, and by specific Regulations for each type of mineral resource – ie: • Decree-Law 84/90 of March 16th, which estab - lished the Spring Waters Regulation; • Decree-Law 85/90 of March 16th, which estab - lished the Heavy Waters Regulation; • Decree-Law 86/90 of March 16th, which estab - lished the Mineral Waters Regulation; • Decree-Law 87/90 of March 16th, which estab - lished the Geothermic Resources Regulation; • Decree-Law 88/90 of March 16th, which estab - lished the Mineral Deposits Regulation; and
• Decree-Law 270/2001 of October 6th, which established the Quarries Regulation. In June 2015, the Legal Framework for the Discovery and Use of Geological Resources Located in Portugal (including National Maritime Space) – Law 54/2015 of June 22nd, or the “Geological Resources Law” – was enacted. The Geological Resources Law revoked Decree-Law 90/90 of March 16th. Following the approval of the Geological Resourc - es Law, Decree Law No 30/2021 of May 7th, which approved the new mineral deposits regulation (the “Mineral Deposits Law”), came into force, revoking Decree-Law 88/90 of March 16th. The creation of this new legal regime resulted from the National Strategy for Geological Resources (ENRG- RM) (Council of Ministers Resolution 78/2012), which provided for the establishment of a new, more efficient legal and institutional framework, and has introduced significant changes to the regulation of mining rights and the extractive industry sector in general. Other key statutes include: • the General Health and Safety at Work on Mines and Quarries Regulation (approved by Decree-Law 162/90 of May 22nd); • the Regulation on Environmental Recovery of Dete - riorated Mining Sites (approved by Decree-Law 198-A/2001 of July 6th); • the Regulation on Waste Management of Mineral Deposits’ Exploitation (approved by Decree-Law 10/2010 of February 4th); • the Regulations on Manufacture, Storage, Trade and Use of Explosive Products (approved by Decree-Law 376/84 of 30 November 1984, as amended); and • the Regulation on Social Security for Employees in Mines (approved by Decree-Law 195/95 of July 28th). The legislative framework is complemented by several circulars enacted by the General Directorate of Ener - gy and Geology (DGEG) regarding, for instance, the authorisation for the acquisition and use of explosive
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