These measures are contained in a presidential decree, to which Lusa had access, which approves the regulation on the exercise of these activities, resulting from the Environmental Conservation Areas Law, which, exceptionally, authorizes the exercise of mining, oil and gas activities in conservation areas.
The diploma stipulates that operators and holders of mining rights who explore mineral, oil and gas resources in conservation areas will have to comply with several environmental obligations.
In the prospecting, research and evaluation phases, companies with activities in partial nature reserves, special nature reserves and national parks are required to have at least one biologist to monitor the fauna and flora.
The regulation prohibits the use of seismic activity during the reproduction period of wildlife and any interference in unique ecosystems or unique landscapes without express authorization, also establishing that geophysical and underground sampling techniques must occur during times of little wildlife movement.
After prospecting, if the project ends, companies are obliged to dismantle and remove all infrastructure installed for this purpose, as well as restoring the site's landscaping.
Already in the exploration/production phase, companies whose workers are caught violating environmental rules, hunting fauna species or harvesting flora species will be fined and sanctioned.
"Before starting any activity, it is mandatory to foresee and ensure wildlife corridors within the exploration zones", reads the regulation, which also determines that the biophysical structure of rivers and lakes within environmental conservation areas must not be can be modified during mining exploration.
Exploration areas within environmental conservation areas cannot have electric fences and the need to install some other type of protection must respect the standards established for wildlife, in accordance with the new regulations.
Among other precautions, the decree also points out the need to preserve the sand removed during mining under specific conditions to be reused during the area's recovery process.
The activity must not hinder local communities' access to resources such as water, passage, firewood, among others.
In the abandonment phase, companies must finance and guarantee the reintroduction of wildlife reduced as a result of their activity.
Of the revenue generated from fees and charges within the scope of environmental licensing, 40 percent goes to the Treasury's Single Account, 30 percent to the National Institute of Biodiversity and Conservation, 20 percent to the National Environment Fund and 10 percent to communities local authorities, this part being managed by the municipal administration and a "legally recognized" representative of the communities
Local communities also receive 10 percent of the value of sanctions applied for infractions, while offenders and whistleblowers receive another 10 percent.
The remainder is distributed across the Treasury's Single Account, the National Institute of Biodiversity and Conservation and the National Environment Fund.
The national oil concessionaire and operators must have a declaration of access to the reserve or park in which they intend to carry out exploration of mineral, oil and gas resources in conservation areas, issued by the environmental sector, valid for five years, renewable for equal periods, Appeal is permitted in case of rejection.
Holders and operators are obliged to contribute after the start of the exploration and/or production phase with financial or material resources to support biodiversity conservation and protection programs, as well as for scientific studies and support for local communities.
