The government of President Luiz Inácio Lula da Silva is in the final stage of approving a national rule that waives environmental licensing for mineral exploration, the early phase of mining when companies survey, drill and test deposits without permission to extract or sell ore. Folha de S.Paulo reported on Tuesday (Sept. 15) that it obtained the draft resolution, which has already cleared legal review and is being prepared by the Mines and Energy Ministry and the Entrepreneurship Ministry. The stated goal is to speed up the hunt for critical and strategic minerals such as rare earths, nickel, niobium, potassium and phosphate.
How the waiver works
Under the draft, exploration activities would be classified as risk level 1, the lowest category of Brazil's Economic Freedom Law, which allows low-risk activities to skip licensing. The text sets limits: no new access roads in the surveyed area, no clearing of Atlantic Forest in medium or advanced stages of regeneration, and no impact on cave systems. Extraction, removal and processing of ore remain outside the exemption.
Rules currently vary by state. According to the National Mineral Policy Council, cited by Folha, 18 of the 26 states plus the Federal District have no risk classification for authorizing exploration at this stage. The government's assessment is that the lack of a standard creates legal uncertainty and subjects companies to different demands depending on where they drill.
The Mines and Energy Ministry confirmed the changes and said standardization could "reduce processing times, stimulate mineral exploration in the country and expand the identification of new areas with potential for the activity." In a statement, the ministry said the initiative "aims above all to favor exploration of critical and strategic minerals such as rare earths, nickel, niobium, potassium and phosphate."
The proposal originated in the National Mineral Policy Council, which is tied to the ministry. On July 2, the council approved a resolution recommending that mineral exploration be treated as a low environmental risk activity, according to CNN Brasil. Mines and Energy Minister Alexandre Silveira defended the measure the same day.
"Whoever wants to invest and produce in Brazil needs to find a state that provides security and eliminates unnecessary bureaucracy. We are simplifying procedures without loosening environmental protection, because economic development and socio-environmental responsibility go together in the view of Brazil's government," Silveira said.
The waiver does not erase other requirements. The Environment Ministry, which took part in drafting the rule, said that "the possible waiver of environmental licensing does not exempt the entrepreneur from obtaining other authorizations, licenses or consents provided for in legislation." The ministry said the current patchwork produces "administrative subjectivity, distinct requirements, asymmetric decisions and legal uncertainty." Ibama, the federal environmental agency, said it has applied the same framing since June 2025 for activities of negligible impact. The National Mining Agency told Folha it had not yet seen the proposal.
The final step sits with CGSIM, a simplification committee run by the Entrepreneurship Ministry and the Federal Revenue Service, which issues the binding resolution. According to Folha, the text is in its final stage of approval. Once published, the low-risk classification becomes the national standard for mineral exploration.