Following the occurrence in Brumadinho/MG, the National Mining Agency (“ANM”) published Resolution No. 4 (“Resolution”) on February 15, 2019, which establishes the adoption of precautionary regulatory measures to ensure the stability of mining dams.
According to the ANM database, there are 218 mining dams classified as having high associated potential damage, i.e. damage that could occur due to the breach or malfunction of a dam.
Among the main provisions of the referred resolution, one can highlight: (i) a definitive prohibition of the method classified as “upstream”[1], whose efficiency and safety is controversial, for the construction or raising of mining dams throughout the national territory; (ii) prohibiting the construction of dams for effluent storage immediately downstream of mining dams included in the National Dam Safety Policy (“PNSB”); and (iii) obligation of entrepreneurs to submit to the ANM, by August 15, 2019, new economic utilization plans for their enterprises containing dams.
Failure to comply with the determinations and procedures contained in the resolution may result in the adoption of punitive measures, such as the immediate interdiction of part or all of the operations of the enterprises, as well as the imposition of administrative penalties.
The DDSA team is at your disposal for further clarifications and assistance on this matter.
[1]
“upstream” method: the dam construction methodology where the containment dikes rest on the tailings or sediment itself previously dumped and deposited.