Government announces decree to modernize rules on natural cavities

The Minister of Mines and Energy, Alexandre Silveira, announced this Tuesday (30) a decree to modernize the rules for the protection of natural underground cavities existing in Brazil, in an attempt to reduce legal uncertainty in environmental licensing processes involving mining, energy and infrastructure.

The measure was presented during CNN Talks: New Era of Mining. The text was created by the MME (Ministry of Mines and Energy) in conjunction with the MMA (Ministry of Environment and Climate Change) and other environmental bodies.

In practice, the decree updates the technical criteria used to classify underground natural cavities, a category that includes caves, caves, limpets, abysses, caves and other natural formations. The change seeks to reduce the margin of interpretation in environmental licensing processes.

Silveira, stated that the decree on natural underground cavities should be announced in the coming days and will aim to give more predictability to environmental licensing.

According to him, the text seeks to prevent projects from being paralyzed for an indefinite period while they await a response from environmental bodies on the classification of cavities.

One of the points mentioned by the minister is the treatment given to so-called occluded cavities, formations with no apparent opening or that depend on technical confirmation during environmental studies.

According to Silveira's assessment, in some cases, the simple understanding that there could be a cavity of this type was enough to halt projects, even without a final decision from ICMBio.

The minister argued that the problem was not just in the protection of the cavities, but in the absence of a deadline for analysis.

According to him, ICMBio had no defined limit for speaking out, which, in a scenario of lack of personnel and backlog of processes, led to indefinite stoppages. The proposal of the decree, according to Silveira, is to establish a 30-day deadline for the body to demonstrate.

The minister's assessment is that the change could unlock 30% to 35% of the Brazilian mineral sector, with an impact especially on iron ore and limestone projects.

He argued that the measure will be balanced and will avoid legal problems similar to those faced by the decree issued by the previous government, which had sections questioned.

"We are going to achieve a goal in the next few weeks. We are going to announce the cavity decree in the next few days. A balanced decree, which does not have the risk that the previous government took", said Silveira during CNN Talks: Nova Era da Minação.

Today, cavities are evaluated according to their degree of relevance. Those of greater environmental, scientific, cultural or landscape importance have stricter protection. In other cases, legislation allows intervention through authorization, technical studies and compensation measures.

The most sensitive point is precisely in the classification. Members of the mineral sector claim that the lack of more objective criteria opened space for divergent interpretations between environmental agencies, consultancies and entrepreneurs, which lengthened analyses, increased costs and, in some cases, made projects unfeasible.

The government's assessment is that the new standard does not reduce the protection of the most relevant cavities, but updates methodologies and creates clearer parameters for decision-making. The intention is to separate, with greater technical precision, training that requires full protection from those that can be made compatible with projects subject to licensing.

The topic is considered strategic because it does not just affect mining. Natural underground cavities can be identified in areas of expansion of railways, highways, transmission lines, hydroelectric plants, energy projects and infrastructure works.

LIVE: THE NEW ERA OF MINING | CNN TALKS

In the mineral sector, however, the impact tends to be more direct. The presence of cavities in areas with exploration potential can alter schedules, require new studies, change project design or impede the advancement of certain mining fronts.

The discussion gained relevance at a time when Brazil is trying to expand its participation in the global chain of critical minerals, used in sectors such as energy transition, technology, defense, fertilizers and electrification of the economy.

The government assesses that regulatory predictability is one of the conditions for attracting long-term investments. Companies in the sector state that mineral projects require a high volume of capital, years of research and complex licensing before operations begin.

At the same time, the protection of cavities is treated by environmentalists, researchers and control bodies as a sensitive topic. These formations can house geological heritage, water resources, rare species, archaeological remains and important records for scientific studies.

For this reason, the government's attempt is to present the decree as a technical update, and not as a broad relaxation of environmental protection. The measure seeks to create a more predictable rule for entrepreneurs, investors, environmental agencies and public authorities.

Interim president of Ibram (Brazilian Mining Institute), Pablo Cesário told CNN Brasil that the discussion about cavities is old and that the opening of a new stage in the debate is positive. He considered, however, that it is still necessary to wait for the official publication of the decree to evaluate the content of the measure.

"The discussion about cavities is very old, and that it has progress, a new stage, is very good. This, in itself, already shows a space for debate. Now, it is very important that it be done, as we hope it will be, based on technical criteria, technically well-founded, to guarantee the preservation of the necessary natural cavities and, at the same time, make economic activity viable", said Cesário.

CNN Talks: New Era of Mining brings together authorities, businesspeople, experts and representatives of the productive sector to discuss the paths of Brazilian mining in a new phase of global competition for critical minerals, energy transition and security of supply chains.

The meeting takes place at a time when Brazil is trying to transform its geological advantage into economic, industrial and diplomatic protagonism, with debates on financing, environmental licensing, innovation, sustainability, traceability, added value and greater participation of the country in the most noble stages of the mineral chain.

Critical minerals could increase the country's GDP by R$243 billion by 2050

Source: CNN