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THE TANZANIA MINING SECTOR – A REVIEW. Geological environment Economic reforms New Mineral Policy, 1997 New Mining Act, 1998 New Land Act, 1999 Need to establish a modern Cadastre System. List of mining laws . Country Mining Act Country Mining Act

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THE TANZANIA MINING SECTOR – A REVIEW

  • Geological environment

  • Economic reforms

  • New Mineral Policy, 1997

  • New Mining Act, 1998

  • New Land Act, 1999

  • Need to establish a modern Cadastre System


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List of mining laws

Country Mining Act Country Mining Act

Argentina 1997 Ghana 1986

Bolivia 1997 Guinea 1995

Botswana 1999 Indonesia 1967

Brazil 1996 Madagascar 1999

Burkina Faso 1997 Mozambique 1986

Chile 1983 Namibia 1992

China 1986 Peru 1992

Columbia 1987 Philippines 1995

Algerie 2001 Mauritania 1999

Cameroon 2001 Congo Kinshasa en prep.

Tanzania 1998


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Key principles of mining law reforms

  • A modern, open mining cadastre and title registry

  • ‘First come, first served’

  • Grants on objective criteria

  • Exclusive rights

  • Security of the tenure

  • Free transferability of mining titles

  • Environmental protections

  • Simple financial requirements


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A New Mining Act, 1998

  • Security of tenure whereby, the progression from one licence to another is almost automatic

  • Streamlining of licensing procedures by introducing a mineral titles registry.

  • Stability of the fiscal package by including the basic rates, like royalty, in the main act.

  • Standardised environmental guidelines.


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Status as property

  • Exclusivity of the mineral rights

  • Secured right to progress from exploration to mining

  • Requirements and obligations to both the holder and the government

  • Compensation

  • The right is transferable

  • The right is mortgageable


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Land Policy

  • All land is public land

  • Existing rights and recognized long-standing occupation is secured

  • Equitable access to land by all citizen

  • Regulate amount of land occupied by person/corporate body

  • Ensure that land is used productively

  • Interest in land has a value

  • Full, fair and prompt compensation


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Lands Act, 1999

  • General Land subject to individual rights of occupancy or leases, managed by a Land Commissioner

  • Reserve Land, demarcated, reserves, public land, hazardous land

  • Village land, demarcated and managed by Village Councils (Village Land Act, 1999).


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Common issues

  • Environmental issues

  • “Surface” overlapping

  • Right of Construction

  • Compensations

  • Fees and taxes


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Environment

  • Mining is environmental destructive

  • Environment Regulation for Mining

  • Environmental Impact Reports

  • Inter-Ministerial Committees


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Overlap - Mining and Land rights

  • Different objectives, different boundaries

  • No common map, no unique coordinate system

  • General Land: no complete and up-to-date information, private negotiations

  • Reserve: reclassification or illegal mining

  • Village: compensation issues

  • MCIMS under preparation



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Plants and Building Construction

  • Lawful occupier erect buildings in non-used area (prospecting)

  • Miner erect buildings, plants, pipes, drains above and below the ground

  • Mining companies close the area for security reasons.

  • Authorization of other holder required not “unreasonably delayed”

    • lawful occupier

    • Mineral rights holder

  • no right in public land, with security perimeter


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Land Act: to any person with right of occupancy, long-standing occupation, customary use of land. Unlawful if occupying, building without any right.

Mining Act: to lawful occupier, actual occupant, or responsible if the land is rent, or occupied with possible damages

Land Act: based on market value of real property, disturbance allowance, loss of profits or accommodation, cost of acquiring

Mining Act: evaluate damage according to the interest of the Lawful occupier, not exceeding amount payable if value not enhanced by mining.

Compensation


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Disputes long-standing occupation, customary use of land. Unlawful if occupying, building without any right.

  • Artisanal miners with villagers

  • Mining companies and artisanal miners

  • Mining companies with villagers

  • Mining companies with local authorities

  • Between Artisanal miners

  • Miners and administration


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Administration and miners long-standing occupation, customary use of land. Unlawful if occupying, building without any right.

  • Illegal mining, rush area (National Parks)

  • Not clearly located rights (rivers)

  • Security or legality?

  • Working with Miners Associations


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Artisanal miners and mining companies long-standing occupation, customary use of land. Unlawful if occupying, building without any right.

  • Large scale mines surrounded by artisanal miners (Mererani)

  • No communication between Companies and Miners Associations

  • Balance support to artisanal miners and attracting foreign investors


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Mining Companies and Local Authorities long-standing occupation, customary use of land. Unlawful if occupying, building without any right.

  • Issues: Fees for Mining and Prospecting Licenses to Ministry of Energy and Minerals, no return to Local Governments.

  • Companies pay taxes, develop road access, supply water, provide long-.term employment, develop railways and shipping business

  • Local authorities: planning objectives, health and educational projects


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And the surveyor? long-standing occupation, customary use of land. Unlawful if occupying, building without any right.

  • Major issue: location at the surface and definition of the rights.

  • Preparing applications, solving disputes

  • Underground measurements difficult, unsafe.

  • Mineral rights, villages, reserves to demarcate with a unique coordinate system.

  • Mapping activity to develop.


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Thank you. long-standing occupation, customary use of land. Unlawful if occupying, building without any right.


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