MINING LAW PRACTICE – International Power law Alliance https://www.international-powerlaw-alliance.com Advocates, Professionals & Consultants Wed, 05 Jul 2023 06:25:36 +0000 en-GB hourly 1 https://wordpress.org/?v=6.5.5 https://www.international-powerlaw-alliance.com/wp-content/uploads/2019/10/cropped-favicon-150x150.png MINING LAW PRACTICE – International Power law Alliance https://www.international-powerlaw-alliance.com 32 32 RECONNAISSANCE PERMIT (SMALL-SCALE AND INDUSTRIAL MINING IN CAMEROON) https://www.international-powerlaw-alliance.com/practice-blogs/reconnaissance-permit-small-scale-and-industrial-mining-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/reconnaissance-permit-small-scale-and-industrial-mining-in-cameroon/#respond Wed, 05 Jul 2023 06:25:36 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4306 RECONNAISSANCE PERMIT (SMALL-SCALE AND INDUSTRIAL MINING IN CAMEROON) Read More »

]]>
Reconnaissance is the overall systemic and mobile survey of surfaces, notably, through geological or geophysical methods aimed at detecting traces or concentrations of useful mineral substances.

A reconnaissance permit is a legal instrument, which confers on its holder; the non-exclusive and non-transferable right to carryout reconnaissance operations within the reconnaissance perimeter; the right to enter and set up appropriate facilities within the reconnaissance perimeter, subject to the land, property, environmental and forestry laws in force.

The reconnaissance permit shall be valid for a renewable period of 1 (one) year.

The total surface area of the land for which a reconnaissance permit may be granted shall not exceed 1000 km2 (one thousand square kilometres) or its equivalent in cadastral units and shall be a single polyglonal-shaped block.

The holder of a reconnaissance permit shall be bound to carry out operations in line with his/her works schedule and submit related periodic reports, the content and periodicity of which shall be specified by regulation.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/reconnaissance-permit-small-scale-and-industrial-mining-in-cameroon/feed/ 0
NON-INDUSTRIAL AND SEMI-MECHANIZED NON-INDUSTRIAL MINING OPERATIONS IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/non-industrial-and-semi-mechanized-non-industrial-mining-operations-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/non-industrial-and-semi-mechanized-non-industrial-mining-operations-in-cameroon/#respond Wed, 05 Jul 2023 06:24:10 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4304 NON-INDUSTRIAL AND SEMI-MECHANIZED NON-INDUSTRIAL MINING OPERATIONS IN CAMEROON Read More »

]]>
Non-Industrial Mining License

Subject to the laws governing handicrafts in Cameroon, non-industrial mining shall be carried out only by natural persons of Cameroonian nationality. It shall be subject to the issuance of an individual non-industrial miner’s card and a non-industrial mining license under the terms and conditions laid down by regulation.

The non-industrial mining license is granted by the authority in charge of mines for a renewal period of 2 (two) years.

The collection of mineral substances shall be subject to the prior issuance of an individual mineral substance collector’s card.

The holder of an individual non-industrial miner’s card may, at any time, mark out one or several non-industrial mining perimeters, in accordance with the provisions of this law and the conditions laid down by regulation.

Where the holder of an individual non-industrial miner’s card marks out a non-industrial mining perimeter, he/she shall have such marking out established in accordance with the regulations in force and, within 30 (thirty) days from the date of such establishment, apply for a non-industrial mining licence from the authority in charge of mines.

The marking out of each land for which a non-industrial mining license is granted shall be a quadrangle with sides not exceeding 100 (one hundred) metres in length. The quadrangle must be contained in a cadastral unit that shall be determined by regulation.

A non-industrial mining license may be granted within an exploration permit, under the terms and conditions laid down by regulation.

Semi-Mechanized non-industrial Mining License

The license for semi-mechanized non-industrial mining of precious and semi-precious substances shall be granted by the minister in charge of mines for a renewable period of 2 (two) years to any legal person governed by Cameroonian law, under the terms and conditions laid down by regulation.

The license for semi-mechanised non-industrial mining of precious and semi-precious substances shall be granted within an exploration permit by the minister in charge of mines only upon the prior approval of the President of the Republic, under the terms and conditions laid down by regulation.

The shares of Cameroonians shall make up at least 51% (fifty-one percent) of the shareholding of the legal person under Cameroonian law.

The total surface area of the land for which the license for semi-mechanized non-industrial mining of presious and semi-precious substances is granted shall not exceed 21 (twenty-one) hectares and shall be a single polygonal-shaped block within one or several cadastral units as defined by regulation.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/non-industrial-and-semi-mechanized-non-industrial-mining-operations-in-cameroon/feed/ 0
GENERAL PRINCIPLES OF MINING IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/general-principles-of-mining-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/general-principles-of-mining-in-cameroon/#respond Wed, 05 Jul 2023 06:21:32 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4302 GENERAL PRINCIPLES OF MINING IN CAMEROON Read More »

]]>
Mineral substances contained in the soil and sub-soil of the territory of the Republic of Cameroon, its territorial waters and its continental shelf shall be the property of the state that shall exercise sovereign rights thereon.

Holders of a mining title or other license shall acquire ownership of the mineral substances extracted in accordance with the provisions of this law.

The perimeter of quarry rocks shall fall under the natural public domain and the state shall grant occupancy licenses to operators in accordance with land laws.

Depending on their legal regime, natural deposits of minerals substances shall be classified into mines and quarries.

Any mineral substance classified among quarries may be reclassified under mines by the minister in charge of mines.

Any mineral substance classified under mines may be reclassified under quarries by the minister in charge of mines.

All mineral substance deposits not classified among quarries, including geothermal deposits, spring water, mineral and thermos-mineral water shall also fall under the legal regime applicable to mining.

Mineral deposits located on the continental shelf and within the exclusive economic zone, irrespective of the substances they contain, shall, according to their legal regime, be considered under the category of mineral deposits subject to the mining regime.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/general-principles-of-mining-in-cameroon/feed/ 0
MINING AGREEMENT IN CAMEROON (SMALL SCALE AND INDUSTRIAL MINING) https://www.international-powerlaw-alliance.com/practice-blogs/mining-agreement-in-cameroon-small-scale-and-industrial-mining/ https://www.international-powerlaw-alliance.com/practice-blogs/mining-agreement-in-cameroon-small-scale-and-industrial-mining/#respond Wed, 05 Jul 2023 06:19:46 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4300 MINING AGREEMENT IN CAMEROON (SMALL SCALE AND INDUSTRIAL MINING) Read More »

]]>
A mining agreement shall be signed between an exploration permit holder and the state with a view to developing and mining or financing a new mineral deposit.

The mining agreement shall be signed, on behalf of the state, by the minister in charge of mines and, on behalf of the other parties to the agreement, by their legal representatives.

The mining agreement referred to above shall be drafted according to a standard format approved by regulation. It shall comprise:

  • The purpose, justification and scope of the projects involved;

  • The site where the infrastructure required for mining activities will be established;

  • A detailed description of the activities to be carried out under the mining agreement and the technical and financial requirements for their implementation;

  • The duration of the mining agreement and the relevant renewal, non-renewal, extension, termination, expiry, renunciation and force majeure conditions;

  • Procedures for implementing transfer conditions;

  • The rights and obligations of parties to the agreement, establishing, where necessary, the difference between the rights and obligation of bodies designated by the state to manage its commercial interests and the sovereign rights of the state;

  • The terms and conditions for granting, renewing and withdrawing licenses and permits required to carry out the activities provided in the mining agreement etc.

Apart from the provisions contained in the standard agreement, other provisions may be negotiated by mutual agreement between the parties, in accordance with the laws and regulations in force.

The duration of the mining agreement shall correspond to that of the mining title.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/mining-agreement-in-cameroon-small-scale-and-industrial-mining/feed/ 0
EXPLORATION PERMIT (SMALL SCALE AND INDUSTRIAL MINING IN CAMEROON) https://www.international-powerlaw-alliance.com/practice-blogs/exploration-permit-small-scale-and-industrial-mining-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/exploration-permit-small-scale-and-industrial-mining-in-cameroon/#respond Wed, 05 Jul 2023 06:17:42 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4298 EXPLORATION PERMIT (SMALL SCALE AND INDUSTRIAL MINING IN CAMEROON) Read More »

]]>
The exploration permit shall be issued to a legal person under Cameroonian law by the minister in charge of mines, for the purposes of conducting exploration works to locate and evaluate mineral deposits and to determine conditions for the commercial mining thereof.

The exploration permit shall be issued for an initial maximum period of 3 (three) years. It may be renewed no more than 3 (three) times, each renewal not exceeding 2 (two) years.

No person shall be issued more than 5 (five) exploration permits.

The area of land over which an exploration permit may be issued shall not exceed 500 km2 (five hundred square kilometres) or its equivalent in number of cadastral units. The exploration perimeter shall comprise a single block, marked out under the terms and conditions laid down by regulation.

Applicants for an exploration permit shall propose a works schedule and a corresponding budget which shall be approved by the minister in charge of mines under the terms and conditions laid down by regulation.

The holder of an exploration permit may, if need be, request a change of the current works schedule, in accordance with the conditions laid down by regulation.

The holder of an exploration permit shall start exploration works in the area covered by the permit within a maximum period of 9 (nine) months with effect from the date of notification of the permit. After this deadline, the minister in charge of mines shall issue him a formal notice through any means in writing.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/exploration-permit-small-scale-and-industrial-mining-in-cameroon/feed/ 0
MINING PERMIT IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/mining-permit-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/mining-permit-in-cameroon/#respond Wed, 05 Jul 2023 06:14:07 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4296 MINING PERMIT IN CAMEROON Read More »

]]>
A non-industrial mining permit shall be granted by right to any holder of an exploration permit who has provided evidence of the existence of a deposit within his perimeter.

The grant of a non-industrial or industrial mining permit shall entail cancellation of the exploration permit within the perimeter covered by the mining permit. However, mining-related exploration shall be allowed to continue therein.

As part of the exploration referred to in section 46(1) of the 2016 mining code, where a mineral substance other than that for which the mining permit was granted is discovered, the permit holder shall enjoy the preferential right to mine it. The preferential right period shall not exceed 18 (eighteen) months with effect from the date of notification of the discovery to the state.

Where necessary, a small scale or industrial mining permit holder may request from the minister in charge of mines for a change in the originally approved work programme, under the terms and conditions laid down by regulation.

A small scale or industrial mining permit holder who undertakes to build a processing plant for all or part of the mining production may benefit from special incentives.

Small scale or industrial mining permit holders shall submit a progress reports in hard and soft copies to the minister in charge of mines, under the terms and conditions laid down by regulation.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/mining-permit-in-cameroon/feed/ 0
TYPES OF MINING TITLES IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/types-of-mining-titles-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/types-of-mining-titles-in-cameroon/#respond Mon, 29 May 2023 08:54:12 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4051 According to section 11 of the Mining code of 2016, there are five types of mining titles as follows;

  • Non-industrial mining license;
  • Semi-mechanized non industrial mining license;
  • Exploration permit;
  • Small-scale mining permit;
  • Industrial mining permit.

Contiguous mining titles of the same type covering the same mineral substance may be consolidated into one or several mining titles.

The terms and conditions for consolidating mining titles shall be laid down by regulation.

]]>
https://www.international-powerlaw-alliance.com/practice-blogs/types-of-mining-titles-in-cameroon/feed/ 0