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 Portu - gal, including metallic minerals such as copper, zinc, lead, and tungsten, and industrial minerals such as lithium, feldspar, kaolin, and limestone. Portugal also has significant deposits of orna - mental 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 economic development of their regions. The Iberian Pyrite Belt is one of the world’s most significant mining regions, where the Neves-Cor - vo 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 ris - ing demand for lithium-ion batteries for electric vehicles and renewable energy storage. With several lithium exploration projects (as well as conversion plants) underway, Portugal has the potential to become a major supplier of this criti - cal 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 leg - islation have evolved significantly over the years. Until 2015, mining law was regulated by Decree- Law 90/90 of 16 March, which established the General Regime for the Discovery and Use of Geological Resources, and by specific Regula - tions for each type of mineral resource (Decree- Law 84/90 of 16 March, which established the Spring Waters Regulation; Decree-Law 85/90 of
16 March, which established the Heavy Waters Regulation; Decree-Law 86/90 of 16 March, which established the Mineral Waters Regula - tion; Decree-Law 87/90 of 16 March, which established the Geothermic Resources Regu - lation; Decree-Law 88/90 of 16 March, which established the Mineral Deposits Regulation and Decree-Law 270/2001 of 6 October, which established the Quarries Regulation). In June 2015, the Legal Framework for the Discovery and Use of Geological Resources Located in Portugal (including National Mari - time Space) – Law 54/2015 of 22 June, or the “Geological Resources Law”, was enacted. The Geological Resources Law revoked Decree-Law 90/90 of 16 March. Following the approval of the Geological Resources Law, Decree Law No 30/2021 of 7 May, which approved the new mineral deposits’ regulation (the “Mineral Deposits Law”) came into force, revoking Decree-Law 88/90 of 16 March. The creation of this new legal regime result - ed 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 gen - eral. Other key statutes include the General Health and Safety at Work on Mines and Quarries Regu - lation (approved by Decree-Law 162/90 of 22 May), the Regulation on Environmental Recov - ery of Deteriorated Mining Sites (approved by Decree-Law 198-A/2001 of 6 July), the Regula - tion on Waste Management of Mineral Deposits’
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