Introduction
Tanzania, rich in mineral resources, has a well-established legal framework governing the exploration, development, and exploitation of its mineral wealth. The Minerals Act, along with its accompanying regulations serves as the cornerstone for managing mineral rights in the country. Two critical aspects within this framework are the assignment of mineral rights and their potential cancellation. This article delves into the legal provisions and practical implications surrounding these issues.
- Assignment of Mineral Rights
The assignment of mineral rights refers to the transfer of rights from one party to another, allowing the assignee to carry out activities permitted under the mineral right. In Tanzania, assignments are governed by the following key provisions, the Mining Act, 2010 (as amended) and the Mining (Mineral Rights) Regulations, 2018. According to the Act, a mineral right holder may assign the right to another party, subject to the approval of the Mining Commission.
Approval Process
The process for obtaining approval involves submitting an application to the Mining Commission, which includes the following:
- A duly completed application form.
- The original mineral right certificate.
- A copy of the agreement for the assignment.
- The prescribed fee (Varies depending on the type of mineral right being assigned)
The Mining Commission evaluates the application to ensure the assignee meets the legal requirements including financial and technical capabilities. The approval process also considers the assignee’s compliance history particularly in adhering to environmental and social obligations.
Transfer of Liabilities
When a mineral right is assigned, the assignee assumes all rights and obligations associated with the mineral right. This includes compliance with environmental management plans, payment of royalties, and adherence to local content requirements. However, the original holder may remain liable for any breaches committed before the assignment.
- Cancellation of Mineral Rights
The cancellation of mineral rights is a serious consequence that may arise from non-compliance with the terms and conditions of the mineral right or violation of the law. The Mining Act outlines specific circumstances under which a mineral right may be cancelled.
Grounds for Cancellation
- Failure to Pay Fees and Royalties: Non-payment of annual fees, royalties, or other dues can lead to cancellation.
- Non-Compliance with Work Programs: Failure to carry out approved work programs or meet exploration or development targets.
- Environmental Violations: Non-compliance with environmental laws and regulations, including failure to manage waste or rehabilitate mining sites.
- Social Obligations: Breach of agreements with local communities or failure to adhere to corporate social responsibility commitments.
- False or Misleading Information: Providing false or misleading information in reports or applications submitted to the Mining Commission.
Procedure for Cancellation
The Mining Commission follows a specific procedure before cancelling a mineral right:
- Notice of Default: The Commission issues a notice of default, giving the right holder an opportunity to rectify the breach within a specified period.
- Hearing: If the breach is not rectified, the right holder may request a hearing before the Commission to present their case.
- Decision: After considering the facts, the Commission may cancel the mineral right, imposing additional penalties such as forfeiture of bonds or guarantees.
Consequences of Cancellation
Cancellation results in the immediate termination of the mineral right and the right holder must cease all mining activities. Additionally, the holder may be required to rehabilitate the mining site and settle any outstanding financial obligations.
Legal Recourse
A mineral right holder whose rights have been cancelled may seek legal recourse by appealing to the Minister of Minerals. If unsatisfied with the Minister’s decision, the holder may further appeal to the High Court of Tanzania.
Conclusion
The assignment and cancellation of mineral rights in Tanzania are governed by a robust legal framework designed to ensure responsible mining practices. While the assignment allows for the transfer of rights to capable parties, the cancellation serves as a deterrent against non-compliance and environmental degradation. Mineral right holders must be diligent in adhering to the terms of their licenses to avoid the severe consequences of cancellation. Understanding these legal provisions is crucial for all stakeholders involved in Tanzania’s mining sector.
Should you require assistance, Kindly reach out to our team directly at www.gerpatsolutions.co.tz info@gerpatsolutions.co.tz, Mob: +244 742 826 955
