In addition to the exploitation license that is essential for mining projects further regulations are outlined dealing with matters such as the implementation of certification and quality management systems, licensing for use of water resources and construction of supporting infrastructures.
VISA Consultores prepares projects and provides advisory support for obtaining the necessary licensing.
Industrial Licence (Mines and Quarries Facilities)
The setting up, alteration and working of Industrial Facilities (IF) needs to be licensed in compliance with to Decree-Law nr. 209/2008, of October 29th, which establishes the Industrial Activities Practice Regulations (REIA).
This specific legislation applies to all Industrial Facilities associated operations with quarries and amines, such as mineral screening, rock crushing, washing and ornamental stone cutting facilities. These facilities theresfore, require a separate licencsing processes, independent of the mining or quarry license.
The complexity of the necessary procedures for the development of the industrial activity, are proportional to the level of risk involved.
Thus, type 1 industrial Facilities are those involving a higher risk, and fall under, at least one of the following regulations:
• Environmental Impact Evaluation (EIA), ruled by Decree-Law nr. 69/2000, of May 3rd, amended by Decree-Law Nr. 197/2005, of November 8th and Implementing Order nr. 330/2001 of April 2nd.;
• Integrated Pollution Control and Prevention (PCIP), ruled by Decree-Law nr. 173/2008, of August 26th;
• Prevention of serious accidents involving hazardous substances, as determined by Decree-Law nr. 254/2007, of July 12th;
• Hazardous waste management operations (classified in accordance with the European Waste list presented in Implementing Order nr. 209/2004, of March 3rd).
For these type of facilities, prior authorization procedure is applicable, ending in the granting of a exploitation/production permit.
The type 2 and 3 facilities, with a lower environmental risk and medium size, are under the Prior Declaration Procedure.
Type 2 facilities include all non-type 1, which have, at least, one of the following characteristics:
• Contract for electrical power over 40kVA;
• Thermal power over 8,106kJ/h;
• More than 15 workers.
The licensing coordinating authority may be the municipality, the DRE or the DGEG, according to the type of IF and its Economical Activity Code (CAE).
Whenever the Industrial Facilities (IF) of type 1 and 2 imply urban planning review, under a construction licensing, the location approval is issued by the municipality, according to the previous information request process, or the previous control procedure for construction works.
The industrial facilities included in the environmental impact evaluation legal frameworks, or by accident prevention involving hazardous substances, do not need to request location approval.
This procedure is only applicable to type 1 Industrial Facilities.
It procedure starts with the presentation of the authorization request to the coordinating authority, or by the request of Environmental License Form (PCIP form), if the Industrial Facility is framed by the Integrated Pollution Prevention and Control Regimen (PCIP).
After the set up permit, the applicant must present the exploitation request along with, the declaration of liability by the technical manager and the use permit, or a copy of its request, handed at the municipality.
Previous Declaration Regimen
The exploitation of Industrial Facilities under the Previous Declaration Regimen can only begin after the applicant obtains a valid permit for the development of industrial activity. This regimen is applicable to type 2 facilities.
The process begins with the presentation of the previous declaration form to the coordinating authority, along with the elements listed in section 2 of annex IV of Decree-Law nr. 209/2008 of October 29th.
The final decision on the Previous Declaration is sent to the applicant, to the Municipality and to all the authorities involved in the process. The applicant can begin the exploitation as soon as it receives the favourable, or conditionally favourable notification. When the build up, enlargement, or alteration of the industrial facilities involves city planning actions with mandatory previous inspection (construction licensing), the beginning of the exploitation depends on the issuing of the utilization permit by the municipality.
The Registration Regimen is applicable to type 3 facilities and to the development of similar or local activity. The process is begun through the presentation of the
registration form to the coordinating authority, along with the elements listed in the section 3 of annex IV of Decree-Law nr.209/2008, of October 29th.
The exploitation of an industrial facility classified as type 3, is ruled by the legalframework in force and applicable to the building where it is installed. It is also
under legal and regulatory stipulations of the industrial activity, particularly in what health and safety at work, food and environmental safety and hygiene
are concerned, including inspections and preventive measures foreseen in the REAI.
If a decision is not issued within the mentioned period, the request is considered approved. In this case, the project manager issues and sends to the
coordinating authority, with no need for an executive ruling, a certificate with the date of the request presentation, stating the approval, with no charge for the applicant.
The operator can start the exploitation as soon as he receives the register notification or the certificate.
According to the nature of the industrial facility or the extent of the changes planned, they are subject to prior authorization or declaration.
There are also mandatory prior declaration requirements for any changes of type 3 industrial facilities, which imply their reclassification as type 2.
All other changes and alterations to industrial facilities, not mentioned above,are subject to simple notification to the coordinating authority.
Public Domain Water Resources Licensing
The use of water resources is governed by Decree-Law Nr. 226-A/2007 of May 31st, which revokes Decree-Law Nr.46/94, of February 22nd. There are several kinds of use, which require licensing. The most important related to quarrying and mine activities are those related to water collection and wastewater disposal.
Licensing applications for water resources use must include the documents established by Implementing Order nr. 1450/2007, of November 12th.
The exploitation of surface or underground water resources for irrigation, human consumption and industrial activities, needs licensing. Underground water collection must undergo the phases of exploration, well drilling and exploitation.
Industrial and domestic wastewater disposal, both into the hydrosphere or soil, must be licensed. The license holder takes responsibility for the wastewater treatment process in compliance with the defined quality standards. The provision of an insurance policy, which covers possible environmental damage, is mandatory.
All construction works, including buildings, walls, foundations, reconstructions, etc., are subject to Municipality licensing, under the legal urbanization and building law and jurisdiction (RJUE).
Fuel Depot Licensing
The construction, use and alteration of liquid fuel storage facilities requires licensing according to Decree-Law nr.125/97, of May 23rd and Decree-Law nr.267/2002 of November 26th, with the amendments introduced by Decree-Law nr.389/2007 of November 30th. The competent licensing authority is the municipality, as long as the depot capacity does not exceed 200 m3.
Electrical Systems Licensing
All electrical systems, such as transformer stations, generators and other electrical installations are required to be licensed, under Decree-Law nr. 26852 of July 30th 1936, with the amendments introduced by Decree-Law nr. 446/76, of June 5th, Decree-Law nr.4/93 of January 8th, Decree-Law nr.30/2006 of July 11th, and Decree-Law nr 101/2007, of April 2nd.
Explosives Products Storage Plants Licensing
For the use of explosives on non-daily basis, the establishment of an appropriate storeroom is required. The licensing of these storerooms is ruled by Decree-Law Nr. 376/84 of November 30th, which provides for the Regulation on Licensing of Explosives Products Manufacture and Storage Plants, amended by Decree-Law Nr. 87/2005 of May 23rd,and in compliance with Decree-Law Nr. 139/2002, May 17th, which provides for the Regulation of Safety for Explosives Products Manufacture and Storage Plants.
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