News - Clarification on the NON-APPLICABILITY of ORDER Nº19/GDN/2018 MINERAL RESOURCES SECTOR

28/02/19

Clarification on the NON-APPLICABILITY of ORDER Nº19/GDN/2018 MINERAL RESOURCES SECTOR

Following a new request for clarification made by ANIET the Department of arms and explosives from the PSP, we make public the content of the information received from that Department:


"1-the Decree No. 19/GDN/2018 was published following the lack of standards governing the measurement of vibrations in the use of explosives in special nature that may result or any damages, in particular in proximity of dwellings or other structures;

2-in the Face of the optional measuring vibrations in these kind of works, understand the Public Security Police, the use of the powers assigned under articles 31 to 33 of the regulation on the Manufacture, storage, trade and Use of Explosives (RFCACEPE), approved by Decree-Law No. 376/84, November 30, issue the Order 19/GDN/2017, of 14 July, determine this requirement;

3-it should be noted that the work of special nature referred to in article 32 of RFCACEPE are predominantly works in the urban environment, in the vicinity of dwellings, or sensitive infrastructure installations whose damage should be avoided;

4-on the other hand, the legal regime of mineral research and exploration of masses laid down in Decree-Law No. 270/2001, of 6 October, amended by Decree-Law No. 340/2007 of 12 October, establishes the conditions and requirements which must obey the exploitation of quarries, notably through a mining plan duly approved by the competent authorities;

5-it should be noted in this connection that it is competence of the Directorate General of energy and Geology (DGEG) the authorisation for use of explosives in quarries or mines, and vibration monitoring one of the aspects considered by this Directorate General When this possibility;

6-in this terms, is already duly heeded the monitoring of vibrations in the use of explosives under the licenses made by DGEG;

7-So, don't plan to dispatch 19/GDN/2018 reach already regulated matters regarding the control of vibrations.

In this way, please be advised that the scope of the Order 19GDN2018 concerning works of special nature referred to in article 32 of RFCACEPE, does not apply to the extraction of mineral masses within the legal framework of research and exploitation of masses minerals. "

Considering the issues raised by CCDRs, the PSP will officiate these entities in order to also clarify them.