Unfair Gaps🇧🇷 Brazil

Coal Mining Business Guide

31Documented Cases
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All 31 Documented Cases

Falta de Visibilidade em Lançamentos de CFEM e Distribuição

LOGIC evidence: For a R$ 100M gross coal operation: assume 3 forecast revisions per quarter due to CFEM accrual surprises. Each revision costs ~R$ 50K–R$ 100K in staff time, re-modeling, stakeholder communication. Annualized: R$ 600K–R$ 1.2M in indirect decision-lag costs. Additionally, delayed capex approval (7–10 day avg delay per project) costs ~2–3% IRR haircut on projects with short payback windows = R$ 100K–R$ 250K opportunity cost per project.

CFEM is calculated on gross mining revenue, with aliquots varying by mineral type (coal ~2% [3]). Calculation accuracy depends on timely revenue recognition—but production sites often report final numbers 5–15 days post-month-end. Finance teams then retroactively compute CFEM and build cash forecasts. This lag creates (a) forecast revisions mid-quarter, (b) inaccurate accruals for statutory reporting, (c) incorrect debt-covenant calculations. Management cannot decide on dividend payouts, capex timing, or debt refinancing until final CFEM accrual is known. Delays in investment decisions cost opportunity (delayed project starts, missed market windows).

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Custo Brasil: Overhead de Conformidade Ambiental e Supervisão Técnica Obrigatória

Estimated 20–40 hours/month of technical supervisor labor for manual data consolidation and multi-agency reporting; R$ 60,000–180,000/year in additional staffing per mine; 2–5% operational margin compression due to compliance overhead

Mining Code Regulation mandates continuous technical supervision (item 22.3.2), with all occurrences and interventions documented. Companies must maintain separate reporting streams to ANM (mining permissions), federal environmental agencies (air/water standards), and state-level councils. Environmental recovery obligations (Decree 9.406/2018) require mine closure plans with monitoring of waste disposal, geotechnical stability, and aquifer protection—each adding staffing and operational costs. Jurisdictional complexity (federal mining rights vs. state environmental licensing) forces parallel compliance workflows.

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Penalidades Administrativas e Multas por Não-Conformidade Operacional em Mineração

Estimated: R$ 10,000–R$ 5,000,000 per infraction (per ANM penalty schedule, depending on severity). Typical scenario: single non-compliance event = R$ 100,000–R$ 500,000. Large-scale violations (dam safety, tailings failure) = R$ 1,000,000+.

Regulatory non-compliance incurs administrative penalties. Source [2] states that NR 22 (December 2024 revision) 'imposed stricter restrictions' on dam and waste pile installations; December amendment 'relaxed some requirements' but 'uncertainties remain.' This creates compliance risk: operators unsure of exact requirements face penalties for violations.

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Cálculo Incorreto da CFEM e Superficiário

LOGIC evidence: For a R$ 100M gross annual coal revenue operation: 2% CFEM = R$ 2M; superficiário portion (50%) = R$ 1M. A 2–5% calculation/payment error = R$ 20,000–R$ 100,000 annual leakage per mine. Aggregate impact across 10+ operating concessions in a major operator = R$ 200K–R$ 1M+ annually.

CFEM is calculated as a percentage of gross mining revenue (Coal typically 2% aliquot per [3]). The superficiário (land owner) receives 50% of the CFEM amount per Decreto 227/1967 and Lei 8.901/1994 [3]. Manual spreadsheet-based calculation across production batches, price variations, and multi-stakeholder distributions introduces arithmetic errors. Deduction rules are strict (transport, insurance only; no production costs allowed per [2]), yet practitioners often miscalculate the allowable deduction base.

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