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.
Mines and Quarries Facilities (Industrial Licence)
The setting up, alteration and working of Industrial Facilities (IF) needs to be licensed in compliance with to Decree-Law nr. 169/2012 of August 1th, amended by Decree-Law nr. 73/2015 of May 11th, which establishes the Industrial Activities Practice Regulations (SIR).
Licensing applications must include the documents established by Implementing Order nr. 279/2015, of September, 14th, and submitted at the Entrepreneur’s Desk (eportugal.gov.pt).
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 (RJAIA);
- Integrated Pollution Control and Prevention (RJPCIP);
- Hazardous waste management operations (RPAG).
For these type of facilities, prior authorization procedure is applicable, ending in the granting of a exploitation/production permit.
Type 2 Industrial Facilities include all non-type 1, which have, at least, one of the following characteristics or regulations:
- European greenhouse gas emission allowance trading scheme;
- Need to obtain a permit to carry out a waste management operation that does not require prior inspection;
For these type of facilities, a procedure without prior authorization procedure is applicable, ending in the granting of a exploitation/production permit.
The Registration Regimen is applicable to Type 3 Industrial Facilities.
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 licensing coordinating authority may be the municipality or the DGEG, according to the type of IF and its Economical Activity Code (CAE).
Whenever the Industrial Facilities 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.
At the option of the applicant, the location authorization can be requested from the central administration entities, namely from the Regional Coordination and Development Commission (CCDR). In this case, CCDR intervention is triggered by the coordinating entity.
The Industrial Facilities included in the environmental impact evaluation legal frameworks do not need to request location approval.
Whenever the installation or alteration of the industrial facilities falls within the licensed area of the quarry or concession of the mine for the exploration of geological resources and the same is related to such exploration, approval of the location is not necessary.
Legal Regime of Urbanization and Edification
The urban operations to be carried out for the installation of industrial establishments are governed by the Legal Regime for Urbanization and Edification (RJUE).
Type 1 or type 2 Industrial Facilities whose installation or alteration involves carrying out urban planning or building operations subject to prior control under the terms of the RJUE, the digital title of installation or installation and operation, as applicable, may not be issued without approval of the architectural design or favorable prior information, required under the terms of the RJUE.
Public Domain Water Resources Licensing
The use of water resources is governed by Decree-Law Nr. 226-A/2007 of May 31st. 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.
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.267/2002 of November 26th, with the amendments introduced by Decree-Law nr. 217/2012 of October 9th. The competent licensing authority is Direção Geral de Energia e Geologia (DGEG) if the capacity exceeds 200 m3, otherwise, the competent licensing authority is the municipality.
Electrical Systems Licensing
All electrical systems, such as transformer stations, generators and other electrical installations are required to be licensed, under Decree-Law nr. 96/2017 of August 10th.
The licensing process begins with the electrical project, followed by the respective approval, then the execution, inspection and, finally, obtaining the exploration certificate.
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.
Rua A Gazeta de Oeiras, 18-A,
(+351) 214 461 420
(+351) 962 503 650
(+351) 214 461 421