PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
products in mines and quarries (Circular No 9/2018, 1 April 2018). As a member state of the European Union (EU), Por - tugal is also subject to EU legislation. In the mining sector, EU environmental legislation is particularly rel - evant. Finally, legislation with a regional scope also applies in connection with mining activities in the Azores and Madeira autonomous regions. 1.3 Ownership of Mineral Resources Mineral resources found within the national territory of Portugal are generally considered to be part of the State’s public domain and, therefore, owned by the State. This is established under the Geological Resources Law, further to which the following are managed and owned by the State: • mineral deposits; • natural mineral waters; • mineral industrial waters; and • geothermal resources present within the national territory located on land or in the subsoil, as well as those found in maritime spaces. This means that private landowners do not auto - matically own mineral resources beneath their land. Instead, these resources are under national control. Nonetheless, the Geological Resources Law also allows for certain exceptions – mineral masses and spring waters, along with geological formations and structures that do not qualify as part of the State’s public domain, can be privately owned. Consequently, while the State retains control over major and strate - gic mineral resources, certain minor or non-strategic resources can be subject to private property rights. 1.4 Role of the State in Mining Law and Regulations In Portugal, the State primarily acts as a grantor-reg - ulator in the mining industry, rather than as an owner- operator. The government’s role includes granting licences and concessions for exploration and exploi - tation of mineral resources, ensuring compliance with legal and environmental standards. Companies must
obtain these licences to conduct any mining opera - tions, and the application process involves rigorous assessments, including environmental impact studies and public consultations. Unlike some countries, Portugal does not require mandatory national or government joint ventures, nor does it enforce mandatory contracting or direct government participation in mining projects. Private companies can operate independently, as long as they secure the necessary permits and comply with the regulatory framework. As such, the State may control or impose conditions on the exploitation of mineral rights in certain circum - stances – notably, for reasons of national or regional interest. Also, for reasons of public interest, the Min - istry of the Economy may exercise preferential rights in the acquisition of mineral deposits. 1.5 Nature of Mineral Rights The Portuguese Constitution determines which assets are to be considered public domain assets. Ordinary law regulates the terms and conditions and the limits for the use of such goods. As stated previously, under the Geological Resourc - es Law, geological resources are divided into pub - lic domain goods (mineral deposits, mineral waters, mineral industrial waters, geothermic resources, and geological resources located in the seabed and sub - soil of the national maritime space) and private assets (quarries and spring waters). The granting of rights over public domain assets is subject to the awarding of a concession contract, while the granting of rights over the private domain assets is subject to a licensing procedure. 1.6 Granting of Mineral Rights In Portugal, expertise in mining matters is centralised with the Minister of the Economy, under the super - vision of the Directorate-General for Energy and Geology (DGEG). Some geological resources are, by virtue of their specific characteristics – eg, geologi - cal resources located in the national maritime space – overseen by the General Directorate of Natural Resources, Security and Maritime Services. Specif -
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