mineral industry.
144 Thus, mining on the territorial sea, continental shelf and exclusive economic zone depends on a research permit from the National Mining Agency
and a concession by the Minister for Mines and Energy, following the same
procedure applicable to land permissions.
145
Apart from the Mining Code, domestic environmental legislation regarding
mining activities on the continental shelf include the National Environmental Policy,
which conditions on- and offshore mining to three control instruments of potential
risks of damages to the environment: the environmental impact assessment (EIA);
the environmental licensing procedures; and the Recovery Plan for Degraded Areas.
The EIA, which precedes the environmental licensing of any mining activity, has
its definition, norms, basic criteria and implementation guidelines established by the
National Council for the Environment Resolution no. 001/1986, supplemented by
Resolutions n
009/1990 and n
010/1990. Pursuant to those norms, detailed impact
assessments are required to mining undertakings of every single mineral, except
those for immediate use in civil construction enterprises.
146 The Assessment must be
submitted to the competent environmental agency for analysis and approval, and
then be made public. Approval of an EIA is a requisite for environmental licensing,
which is required to locate, install or expand any mining activity.
Environmental licensing, on its turn, is regulated by CONAMA Resolution
no. 237/1997, which assigns the federal environmental Institute IBAMA the duty
to license ventures and activities in the territorial sea, continental shelf and exclusive
economic zone.
147 Finally, with respect to the third pollution control instrument,
mining companies are required to submit Recovery Plans for Degraded Areas upon
submission of the EIA to the competent environmental agency.
148 Such plans
disclose the technical solution chosen and considered appropriate by the licensed
miner for the rehabilitation of the degraded area for future use past the mineral
activity. Given mining’s high risk of environmental damage, sch activities are also
regulated by the Environmental Crimes Act, which specified the conditions under
which environmental damage will be treated as a crime, with penalties ranging from
fines and compensation to imprisonment. All that in line with international norms
and regulations, especially UNCLOS, regarding the coastal state’s powers over
continental shelf activities.
Measures to prevent, reduce and control pollution from mining activities on the
continental shelf also include area-based tools, particularly the designation of marine
protected areas.
149 In this regard, several MPAs have been established alongside the
144 The Mining Code was enacted by Decree-Law no. 227/1967, as amended by Act no. 9.314/1996.
145 Art. 2, Brazilian Mining Code.
146 Art. 1, Act no. 6.567/1978, amended by Act no. 8.982/1995.
147 The federal environmental Institute, IBAMA, may delegate to state-level agencies the licensing
of activities with a significant environmental impact at a regional level, standardizing, whenever
possible, the requirements, pursuant to Art. 4 (2), CONAMA Resolution no. 237/1997.
148 Art. 225 (2), Federal Constitution, as well as the entirety of Federal Decree no. 97.632/1989.
149 Act no. 9.985/2000, or Conservation Units’ Act.
342
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
144 Thus, mining on the territorial sea, continental shelf and exclusive economic zone depends on a research permit from the National Mining Agency
and a concession by the Minister for Mines and Energy, following the same
procedure applicable to land permissions.
145
Apart from the Mining Code, domestic environmental legislation regarding
mining activities on the continental shelf include the National Environmental Policy,
which conditions on- and offshore mining to three control instruments of potential
risks of damages to the environment: the environmental impact assessment (EIA);
the environmental licensing procedures; and the Recovery Plan for Degraded Areas.
The EIA, which precedes the environmental licensing of any mining activity, has
its definition, norms, basic criteria and implementation guidelines established by the
National Council for the Environment Resolution no. 001/1986, supplemented by
Resolutions n
009/1990 and n
010/1990. Pursuant to those norms, detailed impact
assessments are required to mining undertakings of every single mineral, except
those for immediate use in civil construction enterprises.
146 The Assessment must be
submitted to the competent environmental agency for analysis and approval, and
then be made public. Approval of an EIA is a requisite for environmental licensing,
which is required to locate, install or expand any mining activity.
Environmental licensing, on its turn, is regulated by CONAMA Resolution
no. 237/1997, which assigns the federal environmental Institute IBAMA the duty
to license ventures and activities in the territorial sea, continental shelf and exclusive
economic zone.
147 Finally, with respect to the third pollution control instrument,
mining companies are required to submit Recovery Plans for Degraded Areas upon
submission of the EIA to the competent environmental agency.
148 Such plans
disclose the technical solution chosen and considered appropriate by the licensed
miner for the rehabilitation of the degraded area for future use past the mineral
activity. Given mining’s high risk of environmental damage, sch activities are also
regulated by the Environmental Crimes Act, which specified the conditions under
which environmental damage will be treated as a crime, with penalties ranging from
fines and compensation to imprisonment. All that in line with international norms
and regulations, especially UNCLOS, regarding the coastal state’s powers over
continental shelf activities.
Measures to prevent, reduce and control pollution from mining activities on the
continental shelf also include area-based tools, particularly the designation of marine
protected areas.
149 In this regard, several MPAs have been established alongside the
144 The Mining Code was enacted by Decree-Law no. 227/1967, as amended by Act no. 9.314/1996.
145 Art. 2, Brazilian Mining Code.
146 Art. 1, Act no. 6.567/1978, amended by Act no. 8.982/1995.
147 The federal environmental Institute, IBAMA, may delegate to state-level agencies the licensing
of activities with a significant environmental impact at a regional level, standardizing, whenever
possible, the requirements, pursuant to Art. 4 (2), CONAMA Resolution no. 237/1997.
148 Art. 225 (2), Federal Constitution, as well as the entirety of Federal Decree no. 97.632/1989.
149 Act no. 9.985/2000, or Conservation Units’ Act.
342
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...