PORTUGAL Law and Practice Contributed by: Manuel Protásio and Catarina Coimbra, VdA
Exploitation (approved by Decree-Law 10/2010 of 4 February), the Regulations on Manufac - ture, Storage, Trade and Use of Explosive Prod - ucts (approved by Decree-Law 376/84 of 30 November 1984, as amended) and the Regula - tion on Social Security for Employees in Mines (approved by Decree-Law 195/95 of 28 July). The legislative framework is complemented by several circulars enacted by the General Direc - torate of Energy and Geology (DGEG) regarding, for instance, the authorisation for the acquisi - tion and use of explosive products on mines and quarries (Circular No 9/2018, 1 April 2018). As a member state of the European Union (EU), Portugal is also subject to European legislation. In the mining sector, European environmental legislation is particularly relevant. 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 ter - ritory of Portugal are generally considered to be part of the state’s public domain and, therefore, owned by the state. This is established under Geological Resources Law, further to which min - eral deposits, natural mineral waters, mineral industrial waters, geothermal resources present within the national territory located on land or in the subsoil, as well as those found in maritime spaces, are managed and owned by the state. 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 forma - tions 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 strategic mineral resourc - es, 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- regulator in the mining industry, rather than an owner-operator. The government’s role includes granting licences and concessions for explo - ration and exploitation of mineral resources, ensuring compliance with legal and environ - mental standards. Companies must obtain these licences to conduct any mining operations, 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 ven - tures, nor does it enforce mandatory contract - ing or direct government participation in mining projects. Private companies can operate inde - pendently, as long as they secure the necessary permits and comply with the regulatory frame - work. As such, the state may control or impose con - ditions on the exploitation of mineral rights in certain circumstances, notably for reasons of national or regional interest. Also, for reasons of public interest, the Ministry 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
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