PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
ic matters governed by different authorities regard - ing health and safety, environmental protection, and social issues and cultural heritage may also apply. At local level, the municipalities also play an important role in the implementation of mining projects. The Portuguese Environment Agency (APA) also plays a significant role in the environmental approval pro - cess for mining activities. While the DGEG serves as the primary authority for granting mineral rights, the APA is heavily involved in managing the environmental aspects of these projects. Mineral rights are primarily granted through adminis - trative contracts. However, the granting of rights over private domain assets is subject to the awarding of a licence. 1.7 Mining: Security of Tenure The security of tenure for mining rights is guaranteed through a comprehensive legal framework. Rights Required to Conduct Reconnaissance The Mining Regulations acknowledge and regulate the concept of reconnaissance. To conduct recon - naissance, an entity must hold a prior evaluation right over an area or areas designed for the exercise of activities for the use of metallic mineral deposits. The right is granted under an administrative contract (with a maximum non-renewable term of one year) and may be requested from the DGEG by any entity with rec - ognised technical, economic and financial suitabil - ity. Prior evaluation rights entitle the rights-holder to develop studies to allow for better knowledge of the geological potential of the area in question through the analysis of available information and samples taken from the area. Rights Required to Conduct Exploration Conducting exploration for mineral deposits requires a prospecting and research right or an experimental exploitation right. The procedure for obtaining prospecting and research rights may be initiated by the interested parties through the submission of an application, or by the Portuguese State through a tender procedure (subject to the provisions of the Public Procurement Code),
while experimental exploration rights are granted at the request of the interested parties. These rights may only be granted over available areas (except if there is no incompatibility between the concessions granted, or to be granted, and the prospecting and research rights) and to legal entities who show proof of suitabil - ity and financial and technical capacity to perform the activities. The contract for prospecting and research activities and for experimental exploitation rights has a maximum term of five years. A prospecting and research title confers the right to develop activities aimed at the discovery of resourc - es and the definition of their characteristics until the determination of the economic value of any resources found. If the discovered resources fail to meet the condi - tions necessary to initiate their immediate and effec - tive exploitation, the interested parties may submit an application for experimental exploitation rights. These rights are granted through an administrative contract, with a maximum legal term of five years, and entitle their holder to perform the same activities as those entrusted to a holder of an exploitation title. Rights Required to Conduct Mining The right to exploit geological resources (mining) is granted by means of a concession (with a maximum term of 90 years), following a prior evaluation/pros - pecting and research/experimental exploitation agree - ment (if resources have been discovered) or, if no such prior agreement exists, granted directly in respect of: • available areas; or • areas covered by prior evaluation/prospecting and research/experimental exploitation rights, where these relate to different mineral resources and the different mining activities are compatible. Change of Control Further to the Mineral Deposits Law, the rules on the assignment of contractual positions in prior evalua - tion/prospecting and research/experimental exploita - tion and exploitation agreements are applicable to the following.
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