On January 30, 2020, Resolution No. 22 from the National Mining Agency (ANM) and Ordinance No. 48 from the Ministry of Environment (MMA) were published on the Federal Official Gazette to regulate the deadlines for tacit approvals of public liberation acts of economic activities, provided by Federal Decree No. 17,178/2019.
Resolution No. 22 from the ANM establishes which acts are subject to the new rule on tacit approvals. The deadline will initiate from the filing of the requirement, considering all necessary documents and elements for the analysis are duly presented. Elapsed such period with no answer from the ANM, there will be tacit approval for the beginning of the economic activity.
Ordinance Nº 48 from the MMA listed the acts of liberation that are not subject to tacit approval, as well as specific deadlines for the acts of liberation that are subject to it, which will be approved in case the Public Administration does not analyze the request. Such acts, however, do not encompass the environmental licenses and authorizations, which must be regulated by the federal environmental agencies.
Our Environment and Climate Change Team is available for further clarification on the matter.