BRAZIL Trends and Developments Contributed by: Tiago de Mattos Silva and Bruno Costa, William Freire Advogados Associados
Specifically, the updated NR 22 prohibits: • any installations in downstream areas of min- ing dams subject to flooding; and • several kinds of installation within the safety perimeter of waste piles, including operational facilities. These changes imposed stricter restrictions than those already established by existing regulatory standards, raising substantial concerns about the operational continuity of such structures. In December 2024, the standard was amended again by Ordinance MTE 2,105/2024, which relaxed some requirements and extended adap - tation deadlines for the new rules. However, uncertainties remain about which types of instal - lations the Ministry will consider permissible downstream of dams and around waste piles. This will likely require further regulatory clarifica - tion and potentially lead to legal disputes. Utilisation of waste and tailings: Resolution 189/2024 Resolution 189/2024 unexpectedly introduced new requirements for miners to reuse waste and tailings generated from their operations – a topic of critical importance in terms of sustainability and reducing the environmental impact of min - ing. The regulation imposed requirements that deviate from existing mining legislation, includ - ing that: • the disposal sites for such materials must be covered by a mineral easement registered in the land registry; • these disposal structures must be included in the project’s economic feasibility plan; and • these materials must be listed in the annual mining report.
The regulation was published in the wake of a controversial ANM decision regarding the legal nature of waste and tailings, as well as their own - ership, particularly when deposited outside the boundaries of the original mining title area. Given its inconsistency with mining legislation, both the new regulation and the ANM’s decision are likely to be subject to legal disputes. Strategic Minerals Investment Fund – BNDES and Vale In October 2024, the Brazilian Development Bank (BNDES) and Vale S.A. announced the selection of the manager for the Strategic Miner - als Investment Fund ( FIP Minerais Estratégicos ). This fund aims to mobilise up to BRL1 billion to invest in up to 20 junior and mid-sized compa - nies engaged in mineral exploration, develop - ment, and the establishment of new strategic mineral mines in Brazil. The initiative prioritises minerals essential for the energy transition, such as lithium, nickel, and cobalt, which are crucial for technologies like batteries and renewable energy systems. On January 31, 2025, the Brazilian Ministry of Mines and Energy proposed new regulations to govern infrastructure debentures with tax incentives, specifically targeting mineral projects linked to the energy transition. This regulatory framework aims to stimulate private investment in the development of critical minerals essential for clean energy technologies, such as lithium, nickel, and rare earth elements. By offering fis - cal benefits to investors, the proposal seeks to enhance the financial attractiveness of these projects, fostering sustainable growth in the min - ing sector while aligning with Brazil’s strategic objectives for decarbonization and energy secu - rity. The public consultation period for contribu - tions and feedback will remain open until March
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