Environmental Engineering Reference
In-Depth Information
subjected to a mining permit (PLG) issued by the Pará state environmental agency
after approval of the DNPM. It can be granted to either a Brazilian citizen on an
individual basis or to cooperatives. The holder of a mining permit is held responsible
for the environmental damages caused by mineral extraction, and must therefore be
in the possession of an environmental licence (Sousa et al. 2011: 744). The introduc-
tion of the formal mining permit resulted in the formalisation and bureaucratisation
of the miners' law agreements on the property of gold fields and access to mining
grounds.
In 2005, a new federal government intervention limited the use of land along-
side the main road that borders the Reserva Garimpeira, the BR 163. Although the
objective of these measures was to avoid illegal timber logging, small-scale mining
activities were affected because the federal government formally declared large parts
of the Reserva Garimpeira as a protected area for nature conservation. The Reserva
Garimpeira was, however, never cancelled, a reality that symbolises the discordant
stances regarding mining in areas of conservation between different state represen-
tative bodies. Apart from nature conservation, there are also protected areas for
the indigenous population in the region, where no mining permits are allocated.
Nevertheless, in both the indigenous territories and areas reserved for nature con-
servation, small-scale mining is frequently practised without the proper licences. In
the case of the indigenous territory, it is common for a local tribal community to allow
garimpeiros
to mine their land in exchange for 10% of the gold production. Such
agreements follow the pattern of the miners' law, and continue to be the way to deal
with the interests of different populations in the gold fields. The interventions of the
state were incorporated in the existing legal system. In the case of nature reserves,
enforcement of legislation by the Federal agencies is hindered by the sheer size of the
territory and distance to the urban centres. From the point of view of the miners, they
are still working in the Reserva Garimpeira, and as such they feel entitled to work
there.
International prospector companies and mid-scale mining companies who gain
access to the land and its minerals are the new players in Tapajós. These compa-
nies are equally affected by nature conservation policies at the expense of mining.
However, they are better equipped to obtain the required permits from state agencies,
including the environmental licences. Interestingly, they also comply with customary
miners' law. The entrance of these companies in Tapajós generally occurs without
conflict, because they respect the customary land property system. Prospecting firms
give financial compensation for the land used, and in the event that economically
viable deposits are discovered, the landowner will transfer his customary mining
rights to the mining company. He will in turn receive a percentage of the gold pro-
duction revenues. Economic difficulties faced by the owners of mining areas make
them receptive to such offers. In the same line, medium-scale mining operations
allow traditional small-scale miners to work on their property with a traditional
working relations and payment-system. The relationships established in these new eco-
nomic arrangements are based on the same principles as the customary agreements in
miners' law.
Despite new legal frameworks, small-scale mining is still the main economic sector
in the Tapajós Reserva Garimpeira. Approximately 20,000 miners currently work in
the region and they produce about 20 to 30 kg of gold per day. The vast majority
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