1 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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3 List of mining laws CountryMining Act Country Mining Act Argentina1997 Ghana 1986 Bolivia1997 Guinea 1995 Botswana 1999 Indonesia1967 Brazil1996 Madagascar1999 Burkina Faso 1997 Mozambique 1986 Chile1983 Namibia 1992 China1986 Peru1992 Columbia1987Philippines1995 Algerie2001Mauritania1999 Cameroon2001Congo Kinshasa en prep. Tanzania 1998

4 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

5 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.

6 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

7 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

8 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).

9 Common issues Environmental issues Surface overlapping Right of Construction Compensations Fees and taxes

10 Environment Mining is environmental destructive Environment Regulation for Mining Environmental Impact Reports Inter-Ministerial Committees

11 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

12 Reserves, General Land

13 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

14 Compensation 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.

15 Disputes Artisanal miners with villagers Mining companies and artisanal miners Mining companies with villagers Mining companies with local authorities Between Artisanal miners Miners and administration

16 Administration and miners Illegal mining, rush area (National Parks) Not clearly located rights (rivers) Security or legality? Working with Miners Associations

17 Artisanal miners and mining companies Large scale mines surrounded by artisanal miners (Mererani) No communication between Companies and Miners Associations Balance support to artisanal miners and attracting foreign investors

18 Mining Companies and Local Authorities 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

19 And the surveyor? 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.

20 Thank you.