The Mining Act, 2010
This section is titled “Interpretation” and appears under Part II, “General Principles.”
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About this statute
This section is titled “Interpretation” and appears under Part II, “General Principles.” This section is about authority being required for prospecting or mining. This section is about restricting the grant of mineral rights. This section is about priority between competing applications for mineral rights, including applications by tender and exclusive areas for primary licensees. This section is titled “Offences relating to unauthorised trading of minerals.”
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Provisions of The Mining Act, 2010
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- 4 Verify source ↗
Section 4
This section is titled “Interpretation” and appears under Part II, “General Principles.”
4. Interpretation. PART II G e n e r a l P r i n c i p l e s
Part
PART II
- 6 Verify source ↗
Authority required for prospecting or mining
This section is about authority being required for prospecting or mining.
6. Authority required for prospecting or mining. - 8 Verify source ↗
Restriction on grant o f mineral rights
This section is about restricting the grant of mineral rights.
8. Restriction on grant o f mineral rights. - 14 Verify source ↗
Priority between competing applications
This section is about priority between competing applications for mineral rights, including applications by tender and exclusive areas for primary licensees.
14. Priority between competing applications. .5. Applications for mineral rights by tender. .6. Exclusive areas for primary licensees. No. 14 M ining 2010 - 18 Verify source ↗
Offences relating to unauthorised trading o f minerals
This section is titled “Offences relating to unauthorised trading of minerals.”
18. Offences relating to unauthorised trading o f minerals. PART III A d m i n i s t r a t i o n - 5 Verify source ↗
Subject to the provisions o f this Act the entire property
Subject to the Act, all mineral property and control over minerals on, in, or under land covered by the Act is vested in the United Republic, and authority is required for prospecting or mining.
5. Subject to the provisions o f this Act the entire property and control over minerals on, in or under the land to which this Act. applies is vested in the United Republic A u t h o r i ty r e q u i re d for p r o s p e c t i n g o r m i n i n g - 6 Verify source ↗
(l) No person shall, on or in any land to which this Act
A person must not prospect for minerals or conduct mining operations on land covered by the Act unless authorized by a mineral right. Unauthorized conduct can lead to criminal penalties and forfeiture.
6 .-(l) No person shall, on or in any land to which this Act applies, prospect for minerals or carry on mining operations except under the authority o f a mineral right granted or deemed to have been granted, under this Act. (2) The activities carried on by the Agency in the course o f geological mapping shall not be treated for the purpose o f subsection (1) as prospecting for minerals or mining operations. (3) Any person who contravenes subsection (1), commits an offence and on conviction is liable- (a) (b) in the case o f an individual, to a fine o f not exceeding five million shillings or to imprisonment f j r a period not exceeding three years, or to both; in the case o f a body corporate, to a fine o f not less than fifty million shillings. (4) Any minerals obtained in the course o f unauthorised prospecting or mining operations including equipment involved in such operations shall be forfeited. 12 No. 14 M in e ra l rig hts and e .\clu s i\ ity M ining 2010 - 7 Verify source ↗
(l) The following mineral rights may be granted under
This section lists mineral rights that may be granted and limits when more than one right can be granted over the same mining area.
7.-(l) The following mineral rights may be granted under this Act- (a) (b) (c) (d) under Division A o f Part IV- a prospecting licence; a gemstone prospecting licence: a retention licence; (i) (ii) (iii) under Division B o f Part IV- (i) (ii) a special mining licence: a mining licence; under Division C o f Part IV- a primary mining licence; under division D o f Part IV- a processing licence; a smelting licence: a refining licence. (i) (ii) (iii) (2) The licensing authority may, upon consent o f the mineral right holder, grant more than one mineral right over the same mining area as follows- (a) a mining licence or primary mining licence for in an area building materials may be granted subject to a mineral right for minerals other than building materials; (b) a primary mining licence for gemstones may be granted in an area subject to a prospecting licence for minerals other than gemstones; in (3) Notwithstanding the foregoing provision o f this section, this Act shall prevent any person engaged in nothing the construction o f tunnels, road, dams, aerodromes and similar public works o f an engineering nature from utilizing as building materials any minerals derived from a source approved by the Minister in writing. (4) The Minister shall not. for the purposes o f subsection (3), approve a source in a mining area. (5) The Minister may, at any time withdraw the approval given under subsection (3). R e stric tio n on g r a n t o f m in eral rights - 8 Verify source ↗
(l) Mineral rights shall not be granted to
Mineral rights shall not be granted to an individual who is described in the next part of the provision.
8.-(l) Mineral rights shall not be granted to- (a) an individual who- N 62 63 64 65 66 67 68 69 70 71 72 - 86 Verify source ↗
Section 86
This section limits who can be granted mining and prospecting licences, and gives the Minister a narrow exception for gemstone licences.
86 . No. 14 M ining 2010 (i) (ii) is under the age o f eighteen years: is an undischarged bankrupt, having been adjudged or, otherwise declared bankrupt under any written law, or enters into any agreement or scheme o f composition with his creditors, or takes advantage o f any law for the benefit of debtors; a body corporate- (b) (ii) scheme (i) which is in liquidation other than a liquidation the forms pail o f a which reconstruction or amalgamation o f the holder: in respect o f which an order has been made by a court o f competent the winding up or dissolution o f the body corporate; jurisdiction for for (iii) which has made a composition or arrangement with its creditors. (2) A primary mining licence for any minerals shall not be granted to an individual, partnership or body corporate unless- (a) (b) (c) in the case o f an individual, the individual is a citizen o f Tanzania; in the case o f a partnership, exclusively o f citizens o f Tanzania; in the case of a body corporate, it is a company and- is composed it (i) is composed exclusively o f its membership citizens o f Tanzania; its directors are all citizens o f Tanzania; (ii) (iii) control over the company, both direct and indirect, is exercised, from within Tanzania by persons all o f whom are citizens o f Tanzania. (3) A mining licence for mining gemstones shall only be granted to applicants who arc Tanzanians. (4) Notwithstanding subsection (3), where the Minister after consultation with the Board determines that the development of gemstone resources in an area o f land subject to a mineral right, is most likely to require specialised skills, technology or high level of investment, he may grant a mining licence for gemstones to the applicant, where he is satisfied that the licence will be held by that person together with a non-citizen whose undivided participating 14 No. 14 M ining 2010 shares amount to not more than fifty percent either alone, in the case o f one person or in the aggregate in the case o f more than one person. (5) A mineral rights shall not be granted to an individual who, or to any partnership or body corporate or to any one o f the partners, shareholders or directors o f the partnership or body corporate which is in default in another mineral rights or in an expired or cancelled mineral rights: Provided that- (a) an individual who or partnership or body corporate « which is in default; or (b) a partner, shareholder or director o f a partnership or body corporate which is in default, may be grated a mineral right upon rectifying the default. (6) A prospecting licence shall not be granted to an individual, partnership, body corporate, or any one o f the partner, shareholders or directors o f the partnership or body corporate who owns more than twenty other valid prospecting licences, unless the cumulative prospecting areas o f such other prospecting licences do not exceed 2,000 square kilometres. M in e ral rig h ts tr a n s f e r a b le - 9 Verify source ↗
(l) The holder o f a mineral right, or where the holder is
The holder of a mineral right may assign it in some cases, but certain assignments need written consent from the licensing authority.
9.-(l) The holder o f a mineral right, or where the holder is more than one person, every person who constitutes the holder o f subject to subsection (2), be entitled to that mineral or, as the case may be, an undivided assign proportionate part thereof to another person. right, shall, the mineral right (2) No special mining licence; mining licence or any undivided proportionate part thereof shall be assigned to another person without a written consent o f the licensing authority. (3) Notwithstanding subsection (2), consent o f the licensing authority shall not be required for an assignment to- (a) an affiliate, where the obligations o f the affiliate are guaranteed by the assignor or by a parent company the approved by the licensing authority; and, for purposes o f this paragraph, an affiliate means any company which directly or indirectly controls or is controlled by the applicant or which is controlled directly or indirectly by a company which directly or indirectly controls the applicant; 15 No. 14 M ining 2010 (b) (c) a bank or other financial institution by way o f mortgage or charge given as security for any loan or guarantee in respect o f mining operations; another person who constitutes the holder o f the special mining licence or, as the case may be, the mining licence. (4) The consent o f the licensing authority where it is required under subsection (2) shall not be unreasonably withheld or delayed. (6) Application for assignment or transfer o f mineral rights shall be made in a prescribed form and accompanied by a prescribed fee. D e v e l o p m e n t a g r e e m e n t - 10 Verify source ↗
(1) The Minister may, on behalf o f the United Republic
The Minister may make a development agreement for mining, but only subject to the stated conditions, including a Board referral before signing and limits tied to investment size and due diligence.
10.-(1) The Minister may, on behalf o f the United Republic and subject to subsection (3), enter into a development agreement, not inconsistent with this Act, with the holder of, or an applicant for, a mineral rights for which he is the licensing authority relating to the grant o f such a mineral right or mineral rights, the conduct o f mining operations under a special mining the Government free carried interest and State participation in mining, and the financing o f any mining operations under a special mining licence. the grant o f licence (2) The level o f free carried interest and State participation in any mining operations under a special mining licence shall be negotiated upon between the Government and a mineral rights holder depending on level o f investment. type o f minerals and the the (3) The Minister shall not enter into a development agreement under subsection (1) if- (a) (b) the capital expenditure o f establishing a mining operations within the special mining area which is subject for the intended development agreement is below one hundred million United States Dollars or its equivalent in any convertible currencies; and due diligence conducted on the status o f the mineral right holder or applicant does not confirm financial and technical capability for such a person o f . being able to efficiently undertake such a large scale investment. the n 16 No. 14 M ining 2010 (4) The agreement under subsection (1) shall be in the standard model as prescribed in the regulations and may contain provisions binding on the United Republic and the mineral right holder relating to a special mining licence or mining operations to be conducted under a special mining licence- (a) (b) (c) (d) which guarantee the fiscal stability o f a long term mining project, by reference to the law in force at the effective date o f the agreement, with respect to the range and applicable rates o f royalties, taxes, duties and levies and the manner in which liability in respect thereof is calculated and for that purpose and not otherwise, may contain special provisions relating to the payment o f any such fiscal impost which shall take effect in the event o f change in the applicable law; relating to the circumstances or the manner in which the Minister or the Commissioner will exercise any discretion conferred on them by this Act or the Regulations; relating in respect o f matters which are project specific and not covered by regulations o f general application; dealing with the settlement o f disputes arising out o f or the administration of terms and conditions o f a special mining licence, including provisions relating to the settlement o f any such dispute by international arbitration; the development agreement, to environmental matters, this Act, or including relating the to (e) which guarantee procurement o f good, and services ( 0 (g) available in the United Republic; relating to employment, plan; and relating to Government free carried State participation. training and succession interest and (5) Where this Act or the Regulations confer on the Minister or the Commissioner discretion, the Minister or, as the case may be, the Commissioner shall exercise that discretion subject to and in accordance with any relevant stipulation contained in a development agreement made under this section. 17 No. 14 M ining 2010 (6) The Minister shall, prior to entering into development agreement under this section, refer the proposal to enter into such development agreement to the Board for its advice. V alidity o f d e v e l o p m e n t a g r e e m e n t - 11 Verify source ↗
Section 11
A development agreement under this Act is valid for the same period as the special mining licence.
11. fhe development agreement to be entered into under this Act shall be valid for the period o f duration o f the special mining licence as stipulated in section 43. R e v ie w o f d e v e l o p m e n t a g r e e m e n t - 12 Verify source ↗
The development agreement entered into under section
Parties to a development agreement under section 10 must review its performance every five years.
12. The development agreement entered into under section 10 shall be subject to periodic performance review by parties after every five years. Jo i n t a n d se v era l o b l i g a t i o n s P riority b e t w e e n c o m p e t i n g a p p l i c a t i o n s - 13 Verify source ↗
Where a mineral right is granted to, or held by, more
If a mineral right is held by more than one person, obligations under the Act, Regulations, or a relevant development agreement are joint and several for the holder group unless the development agreement says otherwise.
13. Where a mineral right is granted to, or held by, more than one person, any obligation under this Act, the Regulations or a relevant development agreement which is to be observed and performed by the holder shall be a joint and several obligation o f the persons who constitute the holder save where the terms and conditions o f that mineral relevant development agreement otherwise provide. right or a - 14 Verify source ↗
(1) Where two or more persons, not acting together as
If multiple non-partner applicants seek mineral rights over the same land, the first registered application has priority if the applicant is eligible.
14.-(1) Where two or more persons, not acting together as partnership or joint venture, each make a specified application for the grant o f a mineral right over the same area o f land, or over areas o f land, parts o f which are the same area, the person whose if the registered under application was first circumstances in subsection (3) are satisfied, be granted the mineral right for which he has applied.. this Act shall, (2) Where two or more specified applications are received on the same day by an authorised officer or officers during the hours o f business appointed by the Commissioner for the receipt of applications, those applications shall be deemed to have been received simultaneously and priority between them shall be determined by the licensing authority in such manner as may be prescribed in the regulations. (3) The circumstances referred to in subsection (1) and (2) are- (a) that the applicant is not disqualified for a grant o f the mineral right by section 8; that than as the applicant provided in this section, to a grant o f the mineral right over the area o f land for which application is made. is entitled, otherwise (b) No. 14 M ining 2010 (4) For the purpose o f this section, a specified application means an application for the grant of- (a) a prospecting licence; (b) a special mining licence or a mining licence by a person who is not an entitled applicant; (c) a primary mining licence. (d) A processing licence. licence, smelting licence, or refining A p p l i c a t i o n s for M in e ra l R i g h ts b \ te n d e r - 15 Verify source ↗
(1) Where the Minister considers it in the public interest
The Minister may, if it is in the public interest, designate vacant areas for tender applications for mining-related licences.
15.-(1) Where the Minister considers it in the public interest to do so he may, by notice in the Gazelle or in a local newspaper, designate any vacant area other than an area already forming part of a reserved area as an area for which he invites applications by tender for- (a) a prospecting licence or licences; (b) a mining licence or licences; or (c) a special mining licence or licences. (2) The area o f a prospecting licence or part thereof which has been expired or relinquished by the holder in accordance with subsection (4) o f section 32 shall, within a period o f four months from the date o f expiry or relinquishment, be deemed to have been designated under this section as an area for which the Minister may- invite application by tender, (a) (b) declare such an area to be exclusively reserved for in accordance with allocation to small scalc miners the procedures stipulated under section 16, or on the expiry o f the four months period, the area or areas shall fall vacant. E x c lu siv e areas for p r i m a ry licensees - 16 Verify source ↗
Where the Minister, after consultation with the Board,
The Minister may, after consulting the Board and by Gazette notice, designate a vacant area or declare an area reserved for holders of primary mining licences if needed for orderly development of the mining industry.
16. Where the Minister, after consultation with the Board, the determines interests o f the orderly in development o f the mining industry in Tanzania, he may, by order published in the GazeIIe- it would be that (a) (b) designate any vacant area; or declare any area deemed to have been designated under paragraph (b) o f subsection (2) o f section 15. as an area exclusively reserved operations by persons holding primary mining uhder Division C o f Part IV. for prospecting and mining issued licences 19 No. 14 S p e c if ie d g e m s to n e M ining 2010 - 17 Verify source ↗
Where the Minister alter consultation with the Board,
The Minister may, after consulting the Board and deciding it is in the interest of gemstone industry development, designate a gemstone as a specified gemstone by Gazette order.
17. Where the Minister alter consultation with the Board, determines that it would be in the interests o f the development o f the gemstone industry in Tanzania, he may by order published in the Gazette, designate any gemstone to be a specified gemstone for special conditions on mining trading and disposal. O f f e n c e s re la tin g to u n a u t h o r i s e d t r a d i n g o f m i n e r a l s - 18 Verify source ↗
(1) Subject to subsection (2), no person other than a
Most people may not possess, dispose of, or export minerals unless they fall within the stated exceptions.
18.-(1) Subject to subsection (2), no person other than a mineral right holder, a licensed dealer, or licensed broker shall have in his possession, or dispose of, any mineral or minerals, unless as an employee, agent or contractor, he has acquired and holds the mineral or minerals for or on behalf o f a mineral right holder, licensed dealer or a licensed broker. (2) Subsection (1) shall not be construed to restrict any m em ber o f the ptiblic to have in his possession, or dispose of common salt and building materials which are commonly used for domestic purposes. (3) No person shall export from Tanzania any mineral or minerals unless he is a mineral right holder, or a licensed dealer, and- (a) (b) (c) in the case o f a mineral right holder, has paid the royalty or provisional royalty due on such mineral or minerals; in the case o f a licensed dealer has made the payment or provisional payment in lieu o f royalty due on the export o f the mineral or minerals; or in any case, has given security to the satisfaction o f the Commissioner for the payment o f any such amount. (4) Any person who contravenes the provisions o f subsections (1) and (3) commits an offence and on conviction is liable- (a) in the case o f an individual, to a fine not exceeding ten million shillings or to imprisonment for a period not exceeding three years or to both; (b) the case o f a body corporate, in exceeding fifty million shillings. to a fine not 20 No. 14 M ining 2010 PART III A d m i n i s t r a t i o n A p p o i n t m e n t o f C o m m i ss i o n e r for M i n e ra l s
Part
PART III
- 19 Verify source ↗
Appointment o f commissioner for minerals and other officers
This section is about appointing a commissioner for minerals and other officers.
19. Appointment o f commissioner for minerals and other officers. - 20 Verify source ↗
Execution and delegation o f functions o f Commissioner
Section 20 is about the execution and delegation of the Commissioner’s functions.
20. Execution and delegation o f functions o f Commissioner. - 22 Verify source ↗
Geological survey, mapping and prospecting
This section is about geological survey, mapping and prospecting.
22. Geological survey, mapping and prospecting. - 25 Verify source ↗
Prohibition against the disclosure o f information
This section is titled as a prohibition on disclosing information.
25. Prohibition against the disclosure o f information. - 27 Verify source ↗
Indemnity
Section 27 is titled “Indemnity.”
27. Indemnity PART IV M i n e r a l R i g h t s DIVISION A Prospecting Licence and Retention Licence: (i) Prospecting Licence - 19 Verify source ↗
(1) The President shall appoint a suitably qualified
The President must appoint a suitably qualified public officer as Commissioner for Minerals, and the Commissioner has powers and duties to carry out and supervise the Act, with limited delegation rules.
19.-(1) The President shall appoint a suitably qualified public officer to be a Commissioner for Minerals. (2) The Commissioner appointed under subsection (1) shall exercise and perform the functions conferred or imposed upon him by this Act or by any other written law and shall supervise and regulate the proper and effectual carrying out o f the provisions o f this Act. (3) The Minister in consultation with the Commissioner may appoint a Chief Inspector o f Mines, Zonal Mines Officers, Resident Mines Officers, inspectors o f mines and other public officers as may be required for the better performance o f functions under this Act. (4) The Commissioner may, by notice the Gazette, designate any person to be an authorised officer for the purpose o f all or any o f the provisions o f this Act. in C a p. 2 9 8 (5) There shall be appointed in accordance with the Public is the Service Act, Assistant Commissioners o f such number as necessary Commissioner. for proper performance o f functions o f the E x e c u t i o n an d d e l e g a t i o n o f fu n c t i o n s o f C o m m i s s i o n e r 2 0.-(l) Where the office o f Commissioner is vacant or the Com missioner is, owing to absence or inability to act from illness or other cause, unable to exercise and perform the functions o f his office, the Assistant the functions o f the Commissioner Commissioners to perform during the period o f his absence. the Minister shall authorise one o f (2) The Commissioner may, by notice published in the Gazette. subject to such conditions, qualifications or exemptions as may be prescribed delegate to any public officer the exercise or performance o f any o f the functions conferred or imposed on him by this Act. (3) The Commissioner may exercise powers or perform an\ function notwithstanding that he has delegated the exercise o f powers or performance o f such functions to another person. No. 14 M ining 2010 (4) The Commissioner shall not delegate any o f the functions stipulated under Part VIII. G e o l o g i c a l se rv i c e s - 21 Verify source ↗
Section 21
The Agency is responsible for geological matters other than prospecting and mining, and must advise the Minister, map Tanzania, provide geological data, assist the public, and keep necessary facilities.
21. The Agency shall be responsible for all matters related to geological activities other than prospecting and mining activities, and in particular shall- (a) advise the Minister on geological matters; (b) undertake the geological mapping o f Tanzania, and may for that purpose, engage contractors; (c) provide data concerning the geology and mineral resources o f Tanzania, and generally assist members of the public seeking information concerning geological matters; and (d) maintain such laboratory, library and record facilities as may be necessary for the discharge o f his functions. G e o l o g i c a l su rv ey , m a p p i n g an d p r o s p e c t i n g M i n i n g A d v i s o r y B o a rd - 22 Verify source ↗
The Agency, shall, for the purpose o f carrying out the
The Agency may enter land and do operations needed for geological mapping of Tanzania. The Mining Advisory Board is established, advises the Minister on listed matters, and the Minister must give written reasons if deciding a referred matter differently from the Board’s advice.
22. The Agency, shall, for the purpose o f carrying out the geological mapping o f Tanzania- (a) (b) enter upon any land for the purpose o f carrying out such mapping; carry out any operations which may be carried out in accordance with this Act. 2 3 .-(l) There is established a Board to be known as the Mining Advisory Board. (2) The functions o f the Board shall be to advise the Minister on- (a) (b) (c) the matters which under the provisions o f this Act are required to be referred to the Board; the sound development o f the gemstone industry and undertake other matters relating to gemstone as prescribed by regulations; such the in administration o f this Act and its regulations as may be referred to the Board by the Minister. connection with other matters (3) The Board established under subsection (1) shall be composed of- (a) the the Chairman who shall be appointed by President from amongst persons with knowledge and experience in mining matters; and 22 No. 14 M ining 2010 (b) not more than nine other members who shall be appointed by the Minister as follows: (i) one member appointed from the Ministry responsible for finance; (ii) one member appointed the Ministry responsible for protection o f the environment; from (iii) one member appointed from the Ministry responsible for lands; (iv) a state attorney o f the rank o f Senior or the Attorney from above appointed General’s Office: one member appointed learning institution; and (v) from higher (vi) one member representing the Tanzania Chamber o f Minerals and Energy; (vii) one member representing small scale miners; (viii) one member representing mineral dealers; and (ix) one mining expert. (4) The Commissioner, or any person authorised by him, shall be the Secretary to the Board. (5) The Minister shall, in appointing members under this section ensure that- (a) the appointment o f a member is made from three relevant the proposed names as nominated by ministry or office; least one (b) at third o f members o f the Board is constituted by women members. (6) Provisions o f the First Schedule shall have effect as to the tenure o f office o f members, proceedings o f the meeting o f the Board and other matters relating to the Board. (7) Where, in accordance with this Act, any matter is required to be referred to the Board for advice, the Board shall submit the advice to the Minister and, in the event that the Minister proposes to dispose o f that matter otherwise than in accordance with the advice o f the Board, he shall give reasons in writing for determining the matter otherwise than in accordance with the advice o f the Board. 23 No. 14 C o m m i t t e e s o f the B o a rd P ro h ib itio n ag a i n s t the d i s c lo s u r e o f in f o rm a tio n M ining 2010 - 24 Verify source ↗
(1) The Board shall, for the purpose o f facilitating the
The Board must establish enough committees to advise it on mining and minerals matters. Committees carry out functions the Board assigns, subject to any terms and restrictions the Board sets.
24.-(1) The Board shall, for the purpose o f facilitating the performance o f functions o f the Board establish such number o f committees to advise the Board on matters relating to mining and minerals. (2) The committee shall perform the functions as may be assigned to it by the Board upon such terms and restrictions as the Board may determine. (3) The provisions o f the First Schedule shall apply mutcitis mutandis to the proceedings o f committees to subsection information - 25 Verify source ↗
(l) Subject
A holder of a mineral right must not disclose certain report information except with consent or for listed official purposes, and breach is an offence.
25 .-(l) Subject information (2). no in a report submitted, pursuant to furnished, or section 100 by the holder o f a mineral right shall, for so long as that mineral right or another mineral right granted to the holder has effect over the land to which the information relates, be disclosed, except with the consent o f the holder o f the mineral right. (2) Nothing in subsection (1) shall operate to prevent the disclosure o f information where the disclosure is madc- (a) (b) (c) (d) (e) investigation or for, or in connection with, the administration o f this Act; for the purpose o f any legal proceedings; for the purpose o f any conducted under this Act; to any person being a consultant to the Government or public officer who is authorised to receive such information; or for, or in connection with, the preparation by or on behalf o f the Government o f statistics in respect o f prospecting or mining. inquiry (3) Any person who contravenes the provisions o f subsection (1) commits an offence and is liable on conviction- (a) (b) in the case o f an individual, to a line not exceeding shillings two million or to imprisonment for a period not exceeding twelve months, or to both; in the case o f a body corporate, to a fine not exceeding twenty million shillings. 24 No. 14 Z o n a l M i n e s O f fi c e s M ining 2010 2 6 .-(l) The Minister shall, the Commissioner establish Zonal Mines Offices for the purpose o f this Act. and appoint the area o f Tanzania for which each such Zonal Mines Office shall be responsible. in consultation with (2) The establishment o f Zonal Mines Offices and the designation o f the areas for which they are responsible shall be set forth in a notice published in the Gazelle. (3) The Minister the Commissioner, make functions and procedures to be observed by Zonal Mines Officers and Resident Mines Officers in the performance o f their functions. regulations prescribing in consultation with shall, I n d e m n i ty - 27 Verify source ↗
Section 27
Certain Ministry officers, public officers, Board members, and committee members are protected from liability for bona fide acts or omissions carried out in performing, or purporting to perform, functions under the Act.
27. No officer o f the Ministry or other public officer, member o f the Board or committee shall be liable for anything done or omitted to be done bona fide in the performance or purported performance o f any function vested in him by, or in accordance with an appointment made under, this Act. PART IV M i n e r a l R i g h t s DIVISION A: Prospecting Licence and Retention Licence (i) Prospecting Licence A p p l i c a t i o n for p r o s p e c t i n g licence
Part
PART IV
- 28 Verify source ↗
Application for prospecting licence
This section is about applying for a prospecting licence.
28. Application for prospecting licence. - 30 Verify source ↗
Minimum expenditure
This section is titled “Minimum expenditure” and refers to a condition for granting a prospecting licence.
30. Minimum expenditure. 3 1. Condition for grant o f prospecting licence. - 32 Verify source ↗
Grant, renewal and relinquishment o f prospecting licence
Section heading for rules on granting, renewing, and relinquishing a prospecting licence.
32. Grant, renewal and relinquishment o f prospecting licence. - 35 Verify source ↗
Rights o f holder o f prospecting licence
Section title about the rights of the holder of a prospecting licence.
35. Rights o f holder o f prospecting licence. - 36 Verify source ↗
Obligations o f holder o f a prospecting licence
This section heading indicates obligations for the holder of a prospecting licence, and mentions retention licence.
36. Obligations o f holder o f a prospecting licence. (ii) Relent ion Licence - 37 Verify source ↗
Application for retention licence
This section is titled “Application for retention licence” and is listed alongside headings for grant of retention licence and applications for special mining licence and mining licence.
37. Application for retention licence. 38; Grant o f retention licence. 2 No. 14 M ining 2010 DIVISION B Special Mining Licence and Mining Licence (i) Applications fo r Special Mining Licence and Mining Licence - 40 Verify source ↗
Effect o f application under this head on prospecting licence
This section is about the effect of an application under this head on a prospecting licence and special mining licence.
40. Effect o f application under this head on prospecting licence. (ii) Special M ining Licence - 41 Verify source ↗
Application for special mining licence
Section 41 concerns applications for a special mining licence.
41. Application for special mining licence. - 43 Verify source ↗
Duration o f special mining licence
This section concerns the duration of a special mining licence.
43. Duration o f special mining licence. - 46 Verify source ↗
Rights o f holder o f special mining licence
Section title about the rights of the holder of a special mining licence.
46. Rights o f holder o f special mining licence. - 47 Verify source ↗
Obligations o f holder o f special mining licence
Section 47 is headed “Obligations of holder of special mining licence.”
47. Obligations o f holder o f special mining licence. - 48 Verify source ↗
Amendments o f special mining licence by holder
This section is about amendments to a special mining licence by the holder.
48. Amendments o f special mining licence by holder. (Hi) Mining Licence - 51 Verify source ↗
Rights o f holder o f mining licences
Section title about the rights of a holder of mining licences.
51. Rights o f holder o f mining licences. - 52 Verify source ↗
Obligations o f holder o f mining licences
This section is titled “Obligations of holder of mining licences.”
52. Obligations o f holder o f mining licences. - 53 Verify source ↗
Renewal o f mining licence
Section 53 is titled “Renewal of mining licence.”
53. Renewal o f mining licence. , DIVISION C Primary Licences - 54 Verify source ↗
Application for primary mining licence
This section is titled “Application for primary mining licence.”
54. Application for primary mining licence. - 55 Verify source ↗
Grant and validity o f primary mining licence
This section concerns the grant and validity of a primary mining licence.
55. Grant and validity o f primary mining licence. - 57 Verify source ↗
Allocation o f primary mining licences to mine in exclusive primary area
This section is about allocating primary mining licences for mining in an exclusive primary area.
57. Allocation o f primary mining licences to mine in exclusive primary area. - 58 Verify source ↗
Conversion o f primary mining licences to mining licences
This section is about converting primary mining licences into mining licences.
58. Conversion o f primary mining licences to mining licences. DIVISION D Processing, Smelting and Refining Licences - 59 Verify source ↗
Mineral right holder to set aside minerals for processing, smelting or refining
This section is about a mineral right holder setting aside minerals for processing, smelting, or refining.
59. Mineral right holder to set aside minerals for processing, smelting or refining - 60 Verify source ↗
Application and grant o f licence for processing minerals
Section 60 concerns the application for, and granting of, a licence to process minerals.
60. Application and grant o f licence for processing minerals - 61 Verify source ↗
Application and grant o f licence for smelting or refining minerals
Section heading about applying for and granting a licence to smelt or refine minerals.
61. Application and grant o f licence for smelting or refining minerals 3 No. 14 M ining 2010 DIVISION E Supplementary provisions affecting mineral rights Surrender o f land subject to mineral right. - 63 Verify source ↗
Section 63
This section concerns suspension and cancellation of mineral rights.
63. Suspension and cancellation o f mineral rights. - 64 Verify source ↗
Abandonment o f land subject to mineral rights
This section concerns abandonment of land that is subject to mineral rights.
64. Abandonment o f land subject to mineral rights - 69 Verify source ↗
Holder o f certain mineral right suspending mining operations
This section concerns a holder of a mineral right suspending mining operations.
69. Holder o f certain mineral right suspending mining operations. - 71 Verify source ↗
Allocation o f mining licence by tender
This section concerns allocation of a mining licence by tender.
71. Allocation o f mining licence by tender. - 72 Verify source ↗
Section 72
This section heading indicates rules about extending mineral rights during applications and ending a mining licence if production is insufficient.
72. Extension o f mineral rights during applications. Termination o f mining licence where production is insufficient. PART V L i c e n c e s f o r D e a l i n g in M i n e r a l o r M i n e r a l s (i) Dealer licence - 28 Verify source ↗
(1) An application may be made under this Division of
This section sets out how to apply for a prospecting licence, including prescribed forms, fees, required application details, registration, and tender applications.
28.-(1) An application may be made under this Division of this Part for a prospecting licence for minerals falling under any o f the following groups: (a) metallic minerals; (b) (c) (d) (e) (f) (2) energy minerals; gemstone excluding kimberlitic diamond; kimberlitic diamond; industrial minerals; or building materials. An application for a prospecting licence including an tender application in respect o f land in an area reserved for applications to by the Commissioner and form and accompanied by the prescribed fee. licences shall be made for prospecting the prescribed shall be in 25 No. 14 M ining 2010 (3) An application for the grant o f a prospecting licence- (a) shall contain- (i) (ii) (iii) and nationality, physical the case o f an individual, his full name in and postal addresses, and attach his recent passport size photograph; or in the case o f a body corporate, corporate name, place o f incorporation, names and nationality o f directors; than one person, in particulars referred in items (i) and (ii) of each o f that person. the case o f more its (b) (c) (d) (e) ( 0 shall state the type o f minerals and its relevant group, as indicated in subsection (1): shall state the size o f the area o f land over which it is sought, which shall not exceed the maximum area prescribed as provided under section 70, and be accompanied by a plan o f the area; shall contain a statement giving particulars o f the financial and technical resources available to the applicant: and shall contain a statement on the procurement plan of goods the United Republic; shall previously granted to the applicant. contain, details o f any Mineral Right available services and in (4) Every application for a prospecting licence made in the prescribed form by an applicant who has tendered to the licensing authority the prescribed fee, shall be registered immediately in the register maintained for such applications under this Act. (5) Each application registered under subsection (4) shall be assigned a number and the date on which it was received and shall be indicated on an official receipt handed to the applicant or his authorised agent or sent to the applicant by registered mail. P r o s p e c t i n g licen ce by te n d e r 2 9.-(l) An application for a prospecting licence in an area designated as an area for which applications for such a licence are invited by tender shall- (a) be in the prescribed tender form and accompanied by the prescribed tender fee; and 26 No. 14 M ining 2010 (b) subject to the terms and conditions o f the invitation to tender, include the matters required to be included in applications by section 28. (2) Applications made under subsection (1) shall be submitted to the Board for its advice. (a) (3) On receipt o f a report from the Board, the licensing authority shall consider the competing bids and shall select the bid which is most likely to promote the expeditious and beneficial development o f the mineral resources o f the area having regard to- the programme o f prospecting operations which the applicant proposes to carry out and the commitments is as prepared to make; the financial and technical resources o f the applicant; and the previous experience o f the applicant conduct o f prospecting and mining operations, regards expenditure which the applicant the (b) (c) in Minimum e x p e n d i t u r e and the successful application shall be treated as an application under section 14 which has priority over any other application and the applicant shall be notified accordingly. 3 0 .-(l) The amount per square kilometre which the holder o f a prospecting licence shall expend annually on prospecting operations shall b< prescribed and for that purpose the Regulations may prescribe different amounts in respect o f prospecting licences for building materials and gemstones minerals groups from those for prospecting licences for metallic, energy, kimberlitic diamonds or industrial minerals group. (2) The expenditure per square kilometre specified in subsection (1) shall be different amounts for the different periods specified under subsection (1) o f section 32 including making provision for a lump sum payment. C o n d i t i o n fo r g r a n t o f p r o s p e c t i n g licence - 31 Verify source ↗
Section 31
Some applicants are entitled to a prospecting licence, unless one of several listed disqualifying conditions applies.
31. licence whose An applicant for a prospecting application was properly made under section 28 and an applicant whose application has been declared to be a successful application under section 29 shall be entitled to the grant o f a prospecting licence for which he has applied unless- 27 No. 14 M ining 2010 (a) he is disqualified from holding a prospecting licence under section 8; (b) he is the holder o f another mineral right and is, in (c) (e) (d) respect o f that other mineral right, in default; the financial and technical resources available to the applicant are not adequate; the area o f land for which he has made application or part thereof is subject to another mineral right; the area o f land for which application has been made, or any part o f it. covers or includes an area designated by the Minister under section 16 as an area reserved for prospecting and mining operations by persons holding primary mining licences; the area o f land for which application has been made covers or for which application has been made by another person who has priority over the applicant under section 14; (g) except in a case to which section 29 applies, the area o f land for which application has been made, or any part o f it, covers or includes an area deemed to have been designated or designated by the Minister under section 15 as an area in respect o f which applications for the grant o f a mineral right shall be invited by tender. includes an area o f land (f) G ran t, re n e w a l an d r e l i n q u is h m e n t o f p r o s p e c t i n g licence
Part
PART V
- 75 Verify source ↗
Duration and renewal o f dealer licence
This section is about how long a dealer licence lasts and how it may be renewed.
75. Duration and renewal o f dealer licence. - 76 Verify source ↗
Rights o f holder o f dealer licence
This section concerns the rights of a dealer licence holder.
76. Rights o f holder o f dealer licence. - 77 Verify source ↗
Holder to keep records and accounts
The holder must keep records and accounts.
77. Holder to keep records and accounts. - 79 Verify source ↗
Termination o f dealer licence for default
Section 79 concerns termination of a dealer licence for default.
79. Termination o f dealer licence for default. (ii) Broker Licence - 82 Verify source ↗
Duration and renewal o f a broker licence
This section is titled “Duration and renewal of a broker licence.”
82. Duration and renewal o f a broker licence. - 83 Verify source ↗
Rights o f holder o f broker licence
This section is titled “Rights of holder of broker licence.”
83. Rights o f holder o f broker licence. - 84 Verify source ↗
Holder to keep records and accounts
The holder must keep records and accounts.
84. Holder to keep records and accounts. - 85 Verify source ↗
Termination o f broker licence for default
Section heading about termination of a broker licence for default.
85. Termination o f broker licence for default. - 86 Verify source ↗
Section 86
This section is about a prohibition against dealing in certain minerals.
86. Prohibition against dealing in certain minerals. 4 No. 14 M ining PART VI R o y a l t i e s . F e e s a n d O t h e r C h a r g e s 2010 - 74 Verify source ↗
( 1) An applicant for a dealer licence whose application
An applicant with a properly made dealer licence application is entitled to the licence, unless specific renewal, surrender, or conviction exceptions apply.
74.-( 1) An applicant for a dealer licence whose application was properly made as provided in section 73 shall be entitled to the grant o f a dealer licence for which he has applied unless- (a) (b) that dealer (4) o f he has previously held a dealer licence and- (i) to renew in subsection he is not entitled licence as provided section 75; or he has surrendered his dealer licence without sufficient reason for so doing; he has been convicted o f a criminal offence relating to the buying and selling or possession o f mineral or minerals. (ii) D u ra tio n a n d re n e w a l o f d e a le r lic e n c e - 75 Verify source ↗
(l) A dealer licence granted under section 74 shall be
A dealer licence lasts up to 12 months, expires on 30 June each year, and can be renewed if the holder applies at least one month before expiry and includes the required fee and turnover evidence.
75.-(l) A dealer licence granted under section 74 shall be valid for a maximum period o f twelve months from the date of issue, and shall expire on 30,h June o f each year. A holder o f a dealer licence may, not less than one (2) month from the date would expire, apply prescribed fee, for a renewal o f the liccnce. on which his licence or any renewal thereof in the prescribed form, accompanied by the 60 No. 14 M ining 2010 (3) Any application made under subsection (2) shall be accompanied by evidence o f turnover for the last ten months or less immediately following the date o f the application made or issued in the form o f official receipt for the making o f payment instead o f payment o f royalty. (4) The holder o f a dealer licence who applies in the proper manner shall be granted a renewal o f his licence for a maximum period o f twelve months tinless- (a) (b) he is in default; he is disqualified from holding or renewing a dealer licence under subsection (3) o f section 73 or subsection (2) o f section 78. - 76 Verify source ↗
Subject to the provisions and the regulations made
A dealer licence authorises the holder to buy, sell, possess, and export the minerals specified in the licence, subject to the Act and regulations.
76. Subject to the provisions and the regulations made under this Act, a dealer licence shall authorise the holder- (a) (b) to buy or otherwise acquire or to sell or otherwise dispose o f minerals as specified in the licence, and. for the purpose o f carrying on business as a dealer, to have possession thereof; to export minerals specified in the licence. R ig h ts o f h o ld e r o f d e a le r L ic e n c e I lo ld e r to k eep re c o rd s an d a c c o u n ts - 77 Verify source ↗
The holder o f a dealer licence shall keep full and
A dealer licence holder must keep accurate transaction records and accounts, maintain them in the prescribed form with prescribed details, and submit them quarterly to the Zonal Mines Officer.
77. The holder o f a dealer licence shall keep full and accurate records and accounts o f all transactions undertaken by him as a dealer and such records and accounts shall- (a) (b) be kept in such form and shall include details as may be prescribed; and be submitted to the Zonal Mines Officer on quarterly basis. M in im u m tu rn o v e r re q u ire m e n ts - 78 Verify source ↗
(l) The Minister, after referring the matter to the
The Minister may set minimum turnover requirements for dealer licence holders, after referring the matter to the Board. A dealer licence holder can be refused renewal if, for three consecutive years, they do not show the required turnover evidence.
78.-(l) The Minister, after referring the matter to the Board, may by notice in the Gazette, publish minimum turnover requirements for the holder o f a dealer licence. (2) A holder o f a dealer licence who in three successive years o f his licence fails to disclose, by production o f official receipts for payments in lieu o f royalty, evidence o f a turnover of turnover not requirement referred to in subsection (1) shall be disqualified from obtaining a renewal of his licence. fifty per centum o f the minimum than less 61 No. 14 T e rm in a tio n o f d e a le r lic e n c e for d e fa u lt M ining 2010 - 79 Verify source ↗
Where the holder o f a dealer licence is in default the
If a dealer-licence holder is in default, the Minister may issue a default notice; if the default is not corrected within 30 days after receipt of the notice, the Minister must terminate the licence.
79. Where the holder o f a dealer licence is in default the Minister may serve on the holder a default notice specifying the nature o f the default and if within thirty days from the date o f receipt o f the default notice, the default has not been corrected the Minister shall, by notice to the holder terminate the dealer licence. (ii) Broker Licence A p p lic a tio n for b ro k e r licen ce 8 0 .-(l) An application for the grant o f a broker licence shall be addressed to the respective Zonal Mines Officer in the prescribed form and be accompanied by the prescribed fee. (2) The application shall- (a) the names and physical address o f state applicant; state the mineral or minerals sought; and append two recent passport size photographs. (b) (c) (3) No broker licence shall be granted to or held by a person who by reason o f subsection (1) or (2) o f section 8 is not qualified to be granted a primary mining licence. the G ran t o f b ro k e r L ic e n c e - 81 Verify source ↗
(1) An applicant
A properly made applicant is entitled to a broker licence unless disqualified by the listed grounds. Any broker licence granted under this section lasts up to 12 months from issue and expires on 30 June each year.
81.-(1) An applicant licence whose application was properly made as provided under section 80 shall be entitled to the grant o f a broker licence unless- for a broker (a) (b) (c) he is disqualified from holding a broker licence under subsection (3) o f section 80; he previously held a broker licence and was disqualified from obtaining a renewal o f that licence under section 82; he has been convicted o f a criminal offence relating the buying, possession, export or selling o f mineral or minerals. to (2) A broker licence granted under this section shall be valid for a maximum period o f twelve months from the date of issue, and shall expire on the 30,h June o f each year. D u ra tio n an d re n e w a l o f a b ro k e r licen ce - 82 Verify source ↗
(l) Any holder o f a broker licence may, not less than
A broker licence holder may apply to renew the licence at least one month before expiry, using the prescribed form and paying the prescribed fee.
82.-(l) Any holder o f a broker licence may, not less than one month from the date on which his licence or any renewal would expire, apply in the prescribed form and on payment o f the prescribed fee for a renewal o f the licence. 62 No. 14 M ining 2010 (2) A holder o f a broker licence who applies in the proper manner shall be granted a renewal o f his licence unless- (a) he is in default; (b) he is disqualified from holding a broker licence under subsection (1) o f section 81. R ig h ts o f h o ld e r o f b ro k e r L ic e n c e - 83 Verify source ↗
(l ) A broker licence shall authorise the holder o f the
A broker licence lets the holder buy or acquire gold, or gemstones if specified in the licence, from an authorised miner, and sell the acquired minerals to a licensed dealer. It does not allow export, and the holder must keep records and accounts.
83.-(l ) A broker licence shall authorise the holder o f the licence to buy or acquire gold or, as the licence may specify gemstones from an authorised miner and to sell or dispose o f mineral or minerals so acquired to a licensed dealer. (2) A broker licence shall not authorise the holder to export any mineral or minerals. H o ld e r to k eep re c o rd s a n d a c c o u n ts - 84 Verify source ↗
The holder o f a broker licence shall keep full and
A broker licence holder must keep full and accurate transaction records and accounts, keep them in any prescribed form with prescribed details, and submit them to the Zonal Mines Officer when the licence expires.
84. The holder o f a broker licence shall keep full and accurate records and accounts o f all transactions undertaken by him as a broker and such records and accounts shall- (a) (b) be kept in such form and shall include details as may be prescribed; and be submitted to the Zonal Mines Officer on expiry o f his licence. T e rm in a tio n o f b ro k e r lic e n c e fo r d e fa u lt - 85 Verify source ↗
(l) Where the holder o f a broker licence is in default,
If a broker licence holder is in default, the Zonal Mines Officer may issue a default notice and may later terminate the licence if the default is not corrected in the time stated in the notice.
85.-(l) Where the holder o f a broker licence is in default, the respective Zonal Mines Officer may serve on the holder a default notice specifying the nature o f the default. (2) If within such reasonable time as the default may specify in the notice, the default has not been corrected, the Zonal Mines Officer may, by notice to the holder terminate the broker licence. P ro h ib itio n a g a in s t d e a lin g in certain m in e ra ls - 86 Verify source ↗
Section 86
Licensing authorities must not issue dealer or broker licences for dealing in uranium minerals, and authorised miners must pay mineral royalties at specified rates.
86. No person, being a licensing authority shall grant or issue a dealer licence or a broker licence to another person for dealing in uranium minerals. PART VI R o y a l t i e s , F e e s a n d O t h e r C h a r g e s R o y a ltie s 8 7 .-(l) Every authorised miner the Government o f the United Republic a royalty on the gross value o f minerals produced under his licence at the rate- shall pay to 63 No. 14 M ining 2010 (a) (b) (c) (d) (e) in the case o f uranium, o f five per centum; in the case o f gemstone and diamond, o f five per centum; in the case o f metallic minerals such as copper, gold, silver, and platinum group minerals, o f four per centum; in the case o f gem, o f one per centum: and in the case of other minerals, including building materials, salt, all minerals within industrial minerals group, o f three per centum. the (2) Notwithstanding the provisions o f subsection (1), where an authorised miner o f any mineral elects to sell his production to a licensed dealer or licensed broker, the royalties of such minerals shall be paid by the licensed dealer or broker in accordance with the provisions o f this Act. (3) The Minister where he considers that the realised price does not correspond to the price which would have been paid for the minerals if they had been sold on similar terms in a transaction at arms length between a seller and a buyer, may give notice to that effect to the licence holder. (4) Where such notice has been given under subsection (3) the amount o f the market value shall be settled by agreement between the Minister and the licence holder or, if no agreement is reached, the matter shall be referred for determination by an in a manner prescribed by the independent expert appointed Regulations. (5) Subject to this section, samples o f minerals acquired for the purposes o f assay, analysis or other technical examination shall be exempt from royalty payment if the market value o f such samples o f minerals is not more than shillings fifty thousand. (6) In this section- "gross value" means the market value o f minerals at the point of refining or sale or, in the case o f consumption within Tanzania, at the point o f delivery within Tanzania. P a y m e n t in lieu o f ro y a ltie s
Part
PART VI
- 89 Verify source ↗
Provisional assessment o f royalties.'
Section 89 is titled “Provisional assessment of royalties.”
89. Provisional assessment o f royalties.' - 91 Verify source ↗
Prohibition on disposal o f minerals
This section prohibits disposal of minerals.
91. Prohibition on disposal o f minerals. - 92 Verify source ↗
Charges in respect o f mineral rights and licences
This section is about charges for mineral rights and licences.
92. Charges in respect o f mineral rights and licences. - 93 Verify source ↗
Recovery o f fees
This section is about recovery of fees.
93. Recovery o f fees. ? PART VII R e s t r i c t i o n s , R e p o r t s a n d t h e R i g h t o i E n t r y - 88 Verify source ↗
(l) Every person who is a licensed dealer shall, in
Licensed dealers must pay the Government a payment in lieu of royalty on the gross value of specified minerals, with different sale/export situations covered.
88.-(l) Every person who is a licensed dealer shall, in accordance with the terms and conditions o f his licence and this Act. make to the Government payment in lieu o f royalty on the gross value of any mineral specified in subsection (1) o f section 87- 64 No. 14 M ining 2010 (a) exported by him; (b) (c) (d) in the case o f gold or any metallic minerals, sold to a smelter or refinery in Tanzania; in the case of gemstones, sold to a duly authorised lapidary or jewellery maker in Tanzania; or in the case o f industrial minerals, energy minerals and building materials groups, sold to any user in Tanzania. (2) This section shall not apply where the licensed dealer is a mineral right holder who has paid royalty on the minerals in accordance with the provisions o f subsection (1) o f section 87. (3) For the purpose o f subsection (1). "gross value" has the meaning attributed to those words in subsection (6) o f section 87 and that provision shall apply, with the necessary variations, to the export or a sale o f minerals by a licensed dealer as they apply under section 87 to the payment o f royalty by a mineral right holder. P rov isional a s se s sm e n t o f ro y a ltie s - 89 Verify source ↗
(l) The Minister may, where for ,any reason, it is
If royalty cannot be assessed, the Minister may set a provisional royalty or provisional payment instead, and the mineral right holder or licensed dealer must pay it.
89.-(l) The Minister may, where for ,any reason, it is impractical to assess the amount o f any royalty, or payment in lieu o f royalty, assess, and the mineral right holder or as the case may be, the licensed dealer, shall be liable to pay. a provisional royalty, or make a provisional payment in lieu o f royalty. (2^ When, in any such case, the amount o f the royalty or payment in lieu o f royalty is ascertained, the mineral right holder or the licensed dealer shall be liable for any balance or, as the case may be, repay any excess sum paid by him on such provisional assessment. S o rtin g lees - 90 Verify source ↗
(l) There shall be a sorting fee which shall be payable
A mineral right holder who sells gemstones to a company controlled by that holder must pay a sorting fee to the Government.
90.-(l) There shall be a sorting fee which shall be payable to the Government by mineral right holder who opts to sell the gemstone produced or acquired by him to the company which is in the control o f such mineral right holder. (2) The Minister shall, by notice published in the Gazelle, prescribe the fees to be payable for purposes o f sorting and 65 No. 14 M ining 2010 valuation o f gemstones produced or acquired by the mineral right holder. P ro h ib itio n on d isp o sa l o f m in e ra ls - 91 Verify source ↗
(1) If an authorised miner or a licensed dealer fails to
If an authorised miner or licensed dealer misses royalty-related payments, the Minister may prohibit disposal of minerals until payment is made or an acceptable arrangement is reached.
91.-(1) If an authorised miner or a licensed dealer fails to pay any royalty or provisional royalty, or make any payment or provisional payment in lieu o f royalty on or before the due date, or any extension allowed by the Minister, the Minister may- (a) (b) in the case o f any such mineral right holder, by order served on him. prohibit the disposal o f any mineral from the mining area concerned, or from any other mining area held by that person; or in the case o f a licensed dealer, prohibit the disposal o f any mineral by that dealer until all outstanding royalties or payments in lieu o f royalties have been paid or until an arrangement has been made acceptable to the Minister for the payment thereof. (2) mineral right holder, or licensed dealer, who to comply with an order given under contravenes or fails subsection (1), and any person who, knowing o f such order and receives any mineral the disposal o f which has been prohibited, commits an offence and is liable on conviction- (a) (b) (c) the fine not the case o f a body corporate, in the case o f an individual, to a fine not exceeding ten million shillings or to imprisonment for a period not exceeding two years, or to both; in exceeding fifty million shillings; in the case o f a person receiving minerals knowing their disposal have been prohibited, to forfeiture of the minerals, or where the Court is satisfied that the minerals so obtained by the defendant are no longer in his possession or under his control, to a penalty payable to the Government in an amount equal to the estimated market value o f the minerals for which the defendant and the mineral right holder or dealer shall be jointly and severally liable. C h a rg e s in re sp e c t o f m in e ra l rig h ts a n d lic e n c e s 9 2 .-(l) In addition to any application fee there shall be payable to the Government in respect o f every mineral right, dealer's licence or broker's licence granted under this Act an annual charge payable on the grant o f the mineral right or dealer's 66 No. 14 M ining 2010 or broker's licence and thereafter annually on the anniversary o f the grant so long as the mineral right subsists. (2) The annual charges referred to in subsection (1) shall be o f such amount as may be calculated and prescribed in the regulations. R e c o v e ry o f fees - 93 Verify source ↗
The Commissioner may demand, sue for, recover and
The Commissioner may demand, sue for, recover, and receive fees, charges, dues, rents, royalties, or other payments due under the Act.
93. The Commissioner may demand, sue for, recover and receive ail fees, charges, dues, rents, royalties or payments which may become due in respect o f any mineral right or any licence, or otherwise due under the provisions o f this Act. S e c u rity o f g o ld and g e m s to n e s m in in g o p e ra tio n s R e stric tio n o f rig h ts o f e n try o f h o ld e r o f a m in eral rig h t R e s t r i c t i o n s , R e p o r t s a n d t h e R i g h t o f E n t r y PART VII
Part
PART VII
- 94 Verify source ↗
Security o f gold and gemstones mining operations
This section is about security for gold and gemstone mining operations.
94. Security o f gold and gemstones mining operations. - 95 Verify source ↗
Restriction o f rights o f entry o f holder o f a mineral right
This section concerns restrictions on the entry rights of a holder of a mineral right.
95. Restriction o f rights o f entry o f holder o f a mineral right. - 96 Verify source ↗
Rights under a mineral right to be exercised reasonably
This section concerns rights under a mineral right being exercised reasonably.
96. Rights under a mineral right to be exercised reasonably. - 97 Verify source ↗
Compensation, relocation and resettlement
This section is titled “Compensation, relocation and resettlement.”
97. Compensation, relocation and resettlement. - 101 Verify source ↗
Authorised officer's power o f entry
Section 101 is titled “Authorised officer's power of entry.”
101. Authorised officer's power o f entry. PART VIII D i s p u t e s S e t t l e m e n t - 94 Verify source ↗
(l) The Minister may, for the security o f operations
The Minister may designate areas used for gold or gemstones mining as controlled areas, and may later amend or cancel those designations by notice in the Gazette.
94.-(l) The Minister may, for the security o f operations and by notice in the Gazette, establish any area which is subject to gold or gemstones mining operations as a controlled area. (2) The Minister may, by notice published in the Gazette, amend or cancel any area declared to be a controlled area or any notice declaring to do so under subsection (1). - 95 Verify source ↗
(l) The holder o f a mineral right shall not exercise
A mineral-right holder must not exercise rights under the licence or Act without the required consents or consultations for specified types of land and infrastructure.
95.-(l) The holder o f a mineral right shall not exercise any o f his rights under his licence or under this Act- (a) except with the written consent o f the responsible Minister, in respect of: (i) any land dedicated or set apart for any public purpose other than mining; (ii) any land dedicated as a place o f burial; o f or is (iii) any land which is the site within 100 metres o f any building, the reservoir or dam owned Government; any land forming part o f a licensed or Government aerodrome or o f any Government landing ground, or which is within the boundaries thereof; 1,000 metres (iv) o f by 67 No. 14 M ining 2010 Cap. 333 (v) (vi) any land on which there is a military installation, or on land which is within 100 metres o f the boundaries thereof; or any reserved area, or any protected the declared monument Antiquities Act; under (b) except with thorough consultation with the relevant Local Government Authority, including the Village Council, and thereafter, the written consent o f the lawful occupier, in respect of: (i) (ii) (iii) (iv) (v) any land which is the site of. or which is within 200 metres of. any inhabited, occupied or temporarily unoccupied house or building; any land within 100 metres o f land which has been cleared or ploughed or otherwise prepared in good faith for the growing o f agricultural crops or upon which agricultural crops arc growing; any land from which, during the year immediately preceding, agricultural crops have been reaped: any an aerodrome, other than an aerodrome referred to in paragraph (a) (iv); or land plan, relocation and involved, compensation, resettlement matters forming land part use o f where any consent so required is, in the opinion o f the Minister and on the advice o f the Board being unreasonably withheld, the Minister may. on such conditions if any as he may impose, direct that the need for the consent shall be dispensed with, and in that event this paragraph shall not have effect in so far as it required the consent o f the lawful occupier to be given; Cap. 282 C aP-323 (c) in respect o f land in a national park declared under the National Parks Act, reserve declared under the Forests Act, in any game reserve in any forest 68 No. 14 M ining 2010 (d) (e) ( 0 in declared under the Wildlife Conservation Act. in a range development area declared under the Range Development and Management Act or the Ngorongoro Conservation Area Act, except with the written consent of the authority having control over the park, reserve or area; in respect o f any land reserved for the purpose o f any railway, or which is within 100 metres o f the boundaries o f any land so reserved, except with the written consent o f the responsible railway authority; in respect o f any land within any city, municipality, township demarcated settlement, except with the written consent of holders o f surface rights and o f the responsible Minister or the authority having control over the city, municipality, township registered villages or demarcated settlement: registered villages or in respect o f any street, road or highway, and any land within 100 metres o f any bridge, public ferry, in any street, road or highway, culvert or drift the written pipeline or power consent o f the the authority having the control o f the street, road, highway, bridge, ferry, culvert, drift, pipeline or power line; responsible Minister or o f line, except with C a p . 328 (g) in respect o f any land within 100 metres o f every point which has been notified to the Commissioner by a licensee under the Petroleum (Exploration and Production) Act, as a site lor the drilling o f a well in connection with exploring for petroleum, except with the written consent o f the Minister; h) in respect o f any land over which an exploration licence or a development and production licence has been granted under the Petroleum (Exploration and Production) Act, except With the written consent of the Minister: (i) in respect o f any land occupied by any installations or works used the course o f prospecting operations by the holder o f a prospecting licence in 69 No. 14 M ining 2010 who has prospecting rights over the same area of land as the holder o f the first mentioned mineral right. (2) Any consent by the Minister or the responsible Minister under this section may be given unconditionally or subject to such conditions as are specified in the instrument o f consent. (3) In this section, "the responsible Minister", in relation to any matter, means the Minister for the time being having responsibility for that matter. R ig h ts u n d e r a m in eral rig h t to be e x e rc ise d re a so n a b ly - 96 Verify source ↗
(l) The rights conferred by a mineral right shall be
Mineral-right holders must exercise their rights reasonably and not harm land owners or occupiers; lawful occupiers need consent before building in a mining area; compensation is payable for damage caused by prospecting or mining.
96.-(l) The rights conferred by a mineral right shall be exercised reasonably and shall not be exercised so as to affect injuriously the interest o f any owner or occupier o f the land over which those rights extend. (2) The lawful occupier o f land in a mining area shall not erect any building or structure in the area without the consent o f the registered holder o f the mineral rights concerned but if the Minister considers is being unreasonably the consent withheld, he may give his consent to the lawful occupier to do so. that in (3) Where, the course o f prospecting or mining operations, any disturbance o f the rights o f the lawful occupier o f any land or damage to any crops, trees, buildings, stock or works thereon is caused, the registered holder o f the mineral right by virtue o f which the operations arc carried on, is liable to pay the lawful occupier fair and reasonable compensation. (4) Where the amount o f compensation to be paid pursuant to subsection (3) in any particular case is in dispute, either party may refer the matter to the Commissioner who shall, subject to section 102, deal with the matter in accordance with Part VIII. C o m p e n s a tio n , re lo c a tio n an d re se ttle m e n t
Part
PART VIII
- 102 Verify source ↗
C om m issioner may decide disputes
The Commissioner may decide disputes.
102. C om m issioner may decide disputes. - 103 Verify source ↗
Enforcement o f Commissioner's orders
This section concerns enforcement of the Commissioner's orders.
103. Enforcement o f Commissioner's orders. - 104 Verify source ↗
Appeal to High Court
This section heading concerns appeals to the High Court under the rules in Part IX on registration of mineral rights.
104. Appeal to High Court. IC5. Rules. PART IX R e g i s t r a t i o n o i : M i n e r a l R i g h t s - 102 Verify source ↗
(1) The Commissioner may inquire into and decide
The Commissioner may decide certain mining-related disputes and make orders to give effect to those decisions.
102.-(1) The Commissioner may inquire into and decide all disputes between persons engaged in prospecting or mining operations, either among themselves or in relation to themselves and third parties other than the Government not so engaged, in connection with- (a) (b) the boundaries o f any area subject to a mineral right; the claim by any person to be entitled to erect, cut. construct or use any pump, line o f pipes, flume, 73 No. 14 M ining 2010 race, drain, dam or reservoir for mining purposes, or to have priority o f water taken, diverted, used or delivered, as against any other person claiming the : same; , the assessment and payment o f compensation pursuant to this Act; or any other matter which may be prescribed. The Commissioner may make any order which may be (c) (d) (2) E n fo rc e m e n t o f C o m m is sio n e r's o rd e rs A p p e a l to I ligh C o u rt R u les necessary for the purpose o f giving effect to the decision in proceedings pursuant to this Part, and may order the payment, by any party to a dispute, o f such compensation as may be reasonable, to any other party to the dispute. - 103 Verify source ↗
( 1) The Commissioner may file for execution any
The Commissioner may ask a Resident Magistrate’s court to execute certain orders, and that court must enforce them as if it had made the order itself.
103.-( 1) The Commissioner may file for execution any order made under section 102(2) to a court presided over by a Resident Magistrate within the local limits o f whose jurisdiction the subject matter o f the order is situated. (2) On deceiving the order under subsection (1), the court shall cause the order to be enforced as if that order w'as made by the court. (3) Th’e fees payable upon the enforcement o f an order shall be those which would be payable upon the enforcement o f the like order made by the court concerned. - 104 Verify source ↗
Any person aggrieved by a decision or order o f the
A person aggrieved by a Commissioner’s decision or order under this Part may appeal to the High Court within 30 days.
104. Any person aggrieved by a decision or order o f the Commissioner made or given pursuant to this Part may appeal to the High Court within the period o f thirty days from the date on which the decision or order is given or made. - 105 Verify source ↗
The Commissioner may make rules providing for
The Commissioner may make rules about how proceedings under section 102 are started and conducted, and about keeping records and notes of evidence.
105. The Commissioner may make rules providing for the initiation and conduct o f proceedings under section 102 and the keeping o f records and notes o f evidence concerning any such proceedings. PART IX R e g i s t r a t i o n o f M i n e r a l R i g h t s R e g is te rs o f M in e ra l R ig h ts
Part
PART IX
- 86 Verify source ↗
Section 86
This text appears to be a section heading for miscellaneous provisions in the Mining Act.
86. No. 14________________________________M ining__________________________ 2010 PART X M i s c e l l a n e o u s P r o v i s i o n s - 106 Verify source ↗
( 1) The Commissioner shall
The Commissioner must keep a central register of mineral rights and arrange for similar registers in each zonal mines office.
106.-( 1) The Commissioner shall- (a) maintain a central register o f all mineral rights which shall include a record o f all applications, grants, 74 No. 14 M ining 201(1 E v id e n tia ry p ro v isio n s variations and dealings in, assignments, transfers, suspension and cancellation o f the rights; (b) cause similar registers to be maintained in each zonal mines office with regard to all mineral rights over areas the zonal mines office has responsibility. for which (2) A register required to be maintained under this section shall be open for public inspection on payment o f the prescribed fee. - 107 Verify source ↗
A certificate o f the Commissioner that
A Commissioner’s certificate may be accepted by a court as evidence of the stated mineral-right facts.
107. A certificate o f the Commissioner that- (a) a mineral right was granted, transferred, suspended or cancelled on, or with effect from, a date specified in the certificate; (b) any land identified in the certificate is, or was, on a in the certificate the subject o f a date specified specified mineral right; (c) a mineral specified in the certificate is a mineral o f which a mineral right relates; (d) any condition specified in the certificate is. or was. on a date so specified a condition o f a mineral right; ( 0 (e) a certificate o f surrender was issued in respect o f the identified, and on a date specified, land certificate; any condition specified is a condition on which a certificate o f surrender was issued or on which any consent or approval so specified was given; the certificate in in (g) a person named in the certificate is, or was, on a date specified in the certificate the holder o f a specified mineral right, may be received in proceedings before any court as evidence o f that fact, but without prejudice to the right to adduce evidence in rebuttal. PART X M i s c e l l a n e o u s P r o v i s i o n s R a d io a c tiv e m in e ra ls Cap. 188
Part
PART X
- 113 Verify source ↗
Obstruction o f holder o f mineral rights
This provision is titled “Obstruction of holder of mineral rights.”
113. Obstruction o f holder o f mineral rights - 115 Verify source ↗
Offence committed by body corporate
This section is titled “Offence committed by body corporate.”
115. Offence committed by body corporate. PART XI R e p e a l a n d S a v i n g s P r o v i s i o n s - 108 Verify source ↗
(1) A person shall not export or
People may not export or import radioactive minerals unless they comply with the Atomic Energy Act; permit applications must go to the Commissioner with the prescribed form and fee.
108.-(1) A person shall not export or import any radioactive mineral except in accordance with the terms and conditions as stipulated under the Atomic Energy Act. 75 No. 14 2010 C ap. 188 C a p . 188 L istin g w ith a sto c k e x c h a n g e C a p . 79 T ra n s fe r o f c o n tro l o v e r c o m p a m import (2) An application for a permit to export or radioactive minerals shall be submitted to the Commissioner in the prescribed form and shall be accompanied by the prescribed fee and such other information as the Commissioner may require or as mav be prescribed. (3) Any person who exports or imports or attempts to export or import any radioactive mineral otherwise than required by the preceding provisions o f this section shall be proceeded against in accordance with the provisions o f the Atomic Energy Act. (4) In this section, "radioactive mineral" means a mineral which contains by weight at least one-twentieth o f one per centum o f uranium or thorium or any such combination and includes- rnonazite sand and other ores containing thorium; (a) (b) carbonite, pitchblende and other ores containing uranium. (5) The Minister shall make special regulations for the purpose o f ensuring public safety and- (a) (b) regulating mining, processing, hauling, transporting, conveying, marketing and disposition o f radioactive minerals; and such regulations shall not be inconsistent with the Atomic Energy Act and regulations made thereunder. its licence, make - 109 Verify source ↗
The Minister shall, in consultation with holders o f
The Minister must make regulations about the minimum shareholding requirement and the procedure for selling shares, after consulting the holders mentioned in the text.
109. The Minister shall, in consultation with holders o f special mining the minimum shareholding requirement and procedure for selling shares the provisions o f the Capital Market and Securities Act. offering shares to the public through listing with the stock exchange. the Tanzania nationals, regulations prescribing in accordancc with to - 110 Verify source ↗
(1) Where a mineral right or dealer's
A company holding a mineral right or dealer’s licence must get written consent before transferring shares or making control-changing agreements. Mineral right holders also have insurance and indemnity duties.
110.-(1) Where a mineral right or dealer's licence is company, or other granted to a such body corporate, shall not. after the date o f the grant o f the right, without the written consent o f the licensing authority- body corporate, the company, or (a) register the transfer o f any share or shares in the company to any particular person or his nominee; or (b) enter into an agreement with any particular person, if the effect o f doing so would be to give that person control o f the company or other body corporate. 76 14 M ining 2010 (2) On an application for consent under this section, the Licensing Authority shall to submit require document and information which are necessary for the purpose of obtaining a consent. the applicant (3) For the purpose o f this section- (a) a person is deemed to have control o f a company or other body corporate- (i) (ii) if the person or his nominee holds, or the person and his nominee hold, a total o f fifty per centum or more o f the equity shares o f the company; or if the person is entitled to appoint, or to prevent the appointment of, half or more than half o f the number o f directors o f the company; (b) "equity shares" means shares other than preference (c) shares; "preference shares" means shares which carry the the payment o f a dividend o f a fixed right to in amount or not priority to another class or classes shares, whether with or without other rights. fixed amount exceeding a o f (4) The consent o f the licensing authority under this section shall not be unreasonably withheld. U ra n e e I e m n itie s l l l . - ( l ) Subject to any qualifications, exceptions or limitations that may be set out in a development agreement the holder o f a mineral right under Division A. B or D o f Part IV and his contractors shall- (a) in right maintain obtain and at all times during the subsistence o f the mineral respect o f mining operations insurance coverage o f such amounts and against such risks as are customarily or prudently insured in accordance with good international mining industry practice; and furnish to the Minister certificates evidencing that such coverage is in effect and provide copies o f any policies requested. international mining industry the in (b) 77 M ining 2010 (2) The insurance under paragraph (a) shall cover- (a) loss or damage to all installations, equipment and other assets for so long as they are used in or in connection with mining operations; loss o f property damage or bodily injury suffered by any third party, incurred in the course o f or as a result o f mining operations; (b) (c) pollution and environmental damage, caused in the course o f or as a result o f mining operations for which the holder or the United Republic may be held responsible; liabilities o f the holder to Republic pursuant to subsection (4); and the holder's liability to its employees engaged in mining operations. indemnify the United (d) (e) (3) The holder o f a mineral right granted under Division C o f Part IV shall- (a) if so directed by the Commissioner by a notice in writing, obtain and maintain in force in respect o f the mining operations carried on by the holder such insurance cover as the Commissioner may consider reasonably necessary in the public interest: (b) where the holder o f any such mineral right considers that any obligation imposed under this subsection, is onerous or unreasonable, he may appeal against the direction o f the Commissioner to the Minister. (4) The holder o f a mineral right shall indemnify, defend and hold the United Republic harmless against all actions, claims, demands, injury, losses or damages o f any nature whatsoever, including claims for loss or damage to property or injury or death to persons, resulting from any act or omission in the conduct of mining operations by or on behalf o f the holder. (5) Such indemnity under subsection (4) shall not apply to the extent, if any, that any action, claim, demand, loss, damage or injury has resulted from any direction given by, or wrongful act committed on behalf of, the United Republic. 78 No. 14 R e g u la tio n s M ining 2010 - 112 Verify source ↗
( 1) The Minister may make regulations for any
The Minister may make regulations on matters covered by the Act, including fees, licences, mining operations, safety, environment, complaints, and related issues. Breaches of regulations can be punished by a fine, imprisonment, or both.
112.-( 1) The Minister may make regulations for any matter which, in accordance with this Act, is to be provided for by the regulations or which may be prescribed. (2) In particular, but without limiting the generality o f subsection (1) such regulations may provide for- (a) (b) (c) (d) (e) ( 0 (g) (h) this Act or inviting in tenders response for tendering the making o f applications and the fees to be paid on applications and issuances o f licences, whether or not provided for in the foregoing provisions o f this Act: any other fee, charge, rent, due, royalty or other sum the which may be charged under regulations and the manner o f calculation o f the same; the procedures for conditions invitations; the allocation o f primary mining licences within areas declared to be reserved for such primary licences and for the regulation o f Mineral Rights in such areas; the demarcation o f prospecting and mining areas; the standard model o f development agreement and other various forms to be used under this Act; the proper and efficient working o f prospecting areas, mining areas and mines; the avoidance o f wasteful practices as described in this Act or otherwise; the such and to (i) prescribing safety standards for work and machinery (j) (k) (1) connected with prospecting and mining; the avoidance o f pollution to the air, surface and ground waters and soils and the regulation o f all matters relating to the protection o f the environment and the minimisation o f all adverse impacts to the environment including the restoration o f land on which mining operations have been conducted; the regulation o f all matters relating to sanitation and health, including the establishment o f cemeteries, as regards mining areas; the reporting o f accidents and deaths occurring on any prospecting area or mining area in connection with prospecting or mining; 79 No. 14 Mining 2010 (in) making safe any land, works or machinery over or with which prospecting or mining operations have been conducted; (n) procedures for renewal, suspension and cancellation o f licences issued under this Act; (o) procedures for termination, o f mining operations and closure o f mines; for (p) procedures lodging complaints, handling complaints and appeals; (q) such further matters as may be necessary or expedient for the security o f operations for the mining, recovery, treatment, storage and transport o f raw gold or gemstoi.es; the circumstances and procedures matters for determination o f an expert, and the procedures for selecting and appointing an expert; the documents. inspection o f records, accounts, books and referring for (r) (s) (3) Regulations made under this Act may- (a) make separate provision in respect o f mineral rights granted under Divisions A, B and D o f Part IV; the Minister, the Commissioner, authorized officers the Zonal Mines Officer, the Resident Mines Officer or an authorised officer to give directions. (b) (4) Where any matter is to be provided for by Regulations relating to royalties, fees or other charges, the Minister shall, before making such Regulations, consult the Minister responsible for financial matters. (5) Where any matter is to be provided for by Regulations relating to protection o f environment and rehabilitation bond, the Minister shall, before making such Regulations, consult the Minister responsible for environment matters. (6) Any regulations made under this Act may prescribe for any breach thereof a fine not exceeding two million shillings or imprisonment for a period not exceeding twelve months or both such fine and imprisonment. - 113 Verify source ↗
Section 113
A person must not, without reasonable excuse, obstruct or hinder a mineral right holder from doing authorised acts under the Act, regulations, or the mineral right.
113. Any person who, without reasonable excuse, obstructs or hinders the holder o f a mineral right from doing any the is authorised act which to do by this Act, that holder O b s tru c tio n o f h o ld e r o f m in e ra l R ig h ts No. 14 ________________________ M ining__________________________ 2010 C regulations or his mineral right commits an offence and on conviction is liable to a fine not exceeding ten million shillings or imprisonment for a period not exceeding twelve months or to both. M iscella n e o u s o ffe n c e s - 114 Verify source ↗
Any person who
Any person commits an offence if they knowingly make false or misleading statements or information in specified Act-related applications or reports, mislead about mineral possibilities, or tamper with ore samples.
114. Any person who- (a) (b) (c) in any application under this Act knowingly makes any statement which is false or misleading in a material particular; in any report, return or affidavit submitted in pursuance o f any provision o f this Act, knowingly includes or permits to be included any information in a material is which particular; places or deposits, or is accessory to the placing or depositing of, any material in any place with the intention o f misleading any other person as to the mineral possibilities o f that place; false or misleading (d) mingles or causes to be mingled with any sample o f ore any substance which will enhance the value or in any way change the nature o f the ore with the intention to cheat, deceive or defraud, commits an offence and on conviction is liable - (i) (ii) ten million in the case o f an individual, to a fine not to exceeding imprisonment for a period not exceeding twelve months or to both; or in the case o f a body corporate, to a fine not exceeding fifty million shillings. shillings or O ffe n c e c o m m itte d by b o d y c o rp o ra te - 115 Verify source ↗
Where an offence which has been committed by a
If a body corporate commits an offence with the consent, connivance, or neglect of certain officers, those individuals also commit an offence and are punished accordingly.
115. Where an offence which has been committed by a body corporate is proved to have been committed wiljj the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer o f the body corporate, or o f any person who was purporting to act in any such capacity, he, as well as the body corporate, commits an offence and shall be punished accordingly. 81 No. 14 R e p eal an d sa v in g s C a p . 123 “ A ct N o. 5 o f 1998 M ining PART XI 2010 R h p iz a l s a n d S a v i n g s P r o v i s i o n s
Part
PART XI
- 16 Verify source ↗
Repeal and savings
This section is titled “Repeal and savings.”
16. Repeal and savings. S C H E D U L E S _________ 6 No. 14 M ining 2010 THE UNITED REPUBLIC OI7 TANZANIA No. 14 o f 2010 \ 1 A s s e n t , J a k a y a M r i s i i o K i k w e t e , President 2 0 lh M ay . 2 0 1 0 An A ct to re-enact with substantial am en dm ents the provisions that regulate the law relating to prospecting for m inerals, mining, processing and dealing in minerals, to granting, renewal and term ination o f mineral rights, paym ent o f royalties, fees and other charges and any other relevant matters. E n a c t e d by Parliament o f the United Republic o f Tanzania. PART I P r e l i m i n a r y P r o v i s i o n s S h o r t title an d c o m m e n c e m en t - 116 Verify source ↗
(1) The Mining Act, is hereby repealed
The Mining Act is repealed, but earlier subsidiary legislation, licences, permits, authorisations, agreements, appointments, and decisions continue to operate under this Act until changed or ended.
116.-(1) The Mining Act, is hereby repealed. (2) Notwithstanding the repeal o f the Mining Act, under subsection (1) any subsidiary legislation made under the repealed Act shall continue to have effect as if made or done under this Act until they are revoked or replaced. (1), rights, Notwithstanding the repeal o f the Mining Act. under all mineral (3) licences, permits and subsection authorisations granted or in accordance with the provisions o f the repealed Act shall be deemed to have been granted, issued or authorised under this Act, subject to the modifications as may be determined under this Act in respect o f the particular grant or authorisation. issued and Agreements entered (4) All Agreements made and entered in terms o f the repealed Act, all appointments and decisions made under the repealed Act shall be deemed to have been made under this Act, until terminated, surrendered, reviewed, removed, cancelled or expired. F IR S T S C H E D U L E (Section 23) P R O C E D U R E S R E L A T IN G T O M IN IN G A D V IS O R Y B O A R D T e n u re o f o ffic e o f m e m b e rs I .- ( I ) S u b je c t to th e p r o v is io n s o f th is sc h e d u le , e v e ry m e m b e r o f th e B o a rd sh a ll h o ld o ffic e for th e p e rio d o f th re e y e a rs form th e d a te o f h is a p p o in tm e n t b u t m ay be e lig ib le fo r re -a p p o in tm e n t fo r o n e m o re term . (2 ) N o tw ith s ta n d in g su b p a ra g ra p h ( I ) , a m e m b e r m ay re sig n at a n y tim e by g iv in g n o tic e in w ritin g to th e a p p o in tin g a u th o rity an d from th e d a te sp e c ifie d in th e n o tic e o r. if no n o tic e is sp e c ifie d in th e n o tic e , from th e d a le o f re c e ip t o f th e n o tic e b y th e a p p o in tin g a u th o rity he sh a ll c e a s e to be a m e m b e r. (3 ) P e rso n w h o is a m e m b e r by v irtu e o f h is h o ld in g so m e o th e r o ffic e shall c e a s e to b e a m e m b e r u p o n c e a s in g to h o ld th e o ffic e by v irtu e o f w h ic h he is a m e m b e r. 82 No. 14 T e rm in a tio n o f a p p o in tm e n t M ining 2010 - 2 Verify source ↗
W h e re a n y m e m b e r o f th e B o a rd a b s e n ts h im s e lf form th re e c o n s e c u tiv e
If a Board member misses three consecutive meetings without reasonable excuse, the Board must tell the appointing authority, and that authority may end the member’s appointment and replace them.
2. W h e re a n y m e m b e r o f th e B o a rd a b s e n ts h im s e lf form th re e c o n s e c u tiv e m e e tin g o f th e B o a rd w ith o u t re a so n a b le e x c u s e , th e B o a rd sh a ll a d v is e the a p p o in tin g a u th o rity o f th e fact an d the a p p o in tin g a u th o rity m a y te rm in a te th e a p p o in tm e n t o f su c h a m e m b e r an d a p p o in t a n e w m e m b e r in h is p lace. C e s s a tio n o f m e m b e rs h ip - 3 Verify source ↗
W h e re a m e m b e r o f th e B o a rd c e a s e s to be su c h a m e m b e r by re sig n a tio n ,
If a Board member leaves office or cannot perform the job for listed reasons, the appointing authority may appoint a replacement, who serves for the rest of the predecessor’s term.
3. W h e re a m e m b e r o f th e B o a rd c e a s e s to be su c h a m e m b e r by re sig n a tio n , o r d e a rth o r is u n a b le to p e rfo rm h is fu n c tio n s a s su c h m e m b e r by re a so n o f h is a b s e n c e fro m th e U n ite d R e p u b lic o r by re a so n o f a n y in firm ity o f th e b o d y o r m in d o r w h e re th e a p p o in tin g a u th o rity te r m in a te s h is a p p o in tm e n t u n d e r p a ra g ra p h 2. th e a p p o in tin g a u th o rity m a y a p p o in t a n o th e r m e m b e r in h is p la c e an d a m e m b e r so a p p o in te d sh all s u b je c t to th e p r o v is io n s o f th is s c h e d u le , hold o ffic e fo r th e re m a in d e r o f th e term o f his p re d e c e s so r. V ice C h a irm a n - 4 Verify source ↗
T h e B o a rd sh a ll e le c t o n e o f its m e m b e rs to be a V ice C h a irm a n an d a n y
The Board must elect one of its members as Vice Chairman.
4. T h e B o a rd sh a ll e le c t o n e o f its m e m b e rs to be a V ice C h a irm a n an d a n y m e m b e r e le c te d a s a V ic e C h a irm a n sh a ll, s u b je c t to h is c o n tin u in g to be a m e m b e r h o ld o ffic e o f V ic e C h a irm a n for a te rm to be fix ed b y th e B o a rd and sh a ll b e e lig ib le for re -e le c tio n at th e e n d o f th at p e rio d . M e e tin g s an d p ro c e d u re s o f - 5 Verify source ↗
( l ) T h e C h a irm a n sh a ll p re sid e at all m e e tin g o f th e B o a rd , a n d w h e re at
The Chairman presides over Board meetings, the Vice Chairman steps in if the Chairman is absent, and members may choose a temporary chairman if both are absent.
5 . - ( l ) T h e C h a irm a n sh a ll p re sid e at all m e e tin g o f th e B o a rd , a n d w h e re at a n y m e e tin g o f th e B o a rd th e C h a irm a n is a b s e n t th en th e V ic e C h a irm a n sh all th e B o ard p re sid e . (2 ) In th e a b s e n c e o f b o th th e C h a irm a n an d V ic e C h a irm a n at a n y m e e tin g o f th e B o a rd th e m e m b e rs p re se n t m a y fo rm a m o n g s t th e ir n u m b e r e le c t a te m p o ra ry c h a irm a n w h o sh a ll p re sid e at th a t m e e tin g . (3 ) T h e C h a irm a n . V ic e C h a irm a n o r te m p o ra ry c h a irm a n p r e s id in g at any m e e tin g o f th e B o a rd sh a ll h a v e a v o te an d in th e e v e n t o f an e q u a lity o f v o tes, sh a ll h a v e a c a s tin g v o te in a d d itio n to h is d e lib e ra tiv e vote. N u m b e r o f m e e tin g s - 6 Verify source ↗
( l ) S u b je c t to a n y g e n e ra l o r sp e c ific d ir e c tio n s o f th e C h a irm a n the
The Board must meet at least four times each financial year, with any extra meetings set by the Chairman or, if unavailable, the Vice Chairman. The Secretary to the Board must give each member 14 days’ notice of the time and place of every meeting.
6 .- ( l ) S u b je c t to a n y g e n e ra l o r sp e c ific d ir e c tio n s o f th e C h a irm a n the B o a rd sh a ll m eet n o t less th a n fo u r tim e s d u rin g e v e ry fin a n c ia l y e a r an d at su c h a d d itio n a l tim e s a s m a y be fix ed by th e C h a irm a n o r if he is a b s e n t o r u n a b le for a n y re a s o n to act. th e V ic e C h a irm a n . (2 ) T h e S e c re ta ry to th e B o a rd sh a ll g iv e to ea c h m e m b e r o f th e B o a rd f o u rte e n d a y s n o tic e o f th e tim e a n d p la c e o f e v e ry m e e tin g o f th e B o a rd . . Q u o ru m - 7 Verify source ↗
O n e h a lf o f th e to tal n u m b e r o f m e m b e rs sh a ll form a q u o ru m fo r th e
At least half of the Board members must be present to form a quorum for a Board meeting.
7. O n e h a lf o f th e to tal n u m b e r o f m e m b e rs sh a ll form a q u o ru m fo r th e m e e tin g o f th e B o a rd . D e c isio n by v o te s - 8 Verify source ↗
( l ) S u b je c t to th e p ro v isio n s re la tin g to c a s tin g o f v o te s , all q u e s tio n s at
Board questions are decided by a majority of members present, with a non-vote counted as a negative vote. The Board may also decide by circulating papers and getting written views, and any Board member may require a decision made this way to be considered.
8 . - ( l ) S u b je c t to th e p ro v isio n s re la tin g to c a s tin g o f v o te s , all q u e s tio n s at th e m e e tin g o f th e B o a rd sh a ll be d e te rm in e d by th e m a jo rity o f th e v o te s o f th e m e m b e rs p re se n t a n d i f a n y m e m b e rs re fu s e s o r fails to v o te on a n y q u e s tio n , he sh a ll be d e e m e d to h a v e c a s te d a n e g a tiv e vote. (2 ) N o tw ith s ta n d in g s u b p a ra g ra p h (1 ). th e d e c is io n m ay be m a d e by th e B o a rd w ith o u t th e m e e tin g by c irc u la tio n o f r e le v a n t p a p e rs a m o n g th e m e m b e rs a n d th e e x p re s s io n o f th e v iew s o f th e m a jo rity th e r e o f in w ritin g sh a ll be d e e m e d to b e th e d e c is io n o f th e B o a rd . • (3 ) A n y m e m b e r o f th e B o a rd sh a ll b e e n title d to re q u ire th a t a n y d e c is io n o f th e B o a rd m a d e u n d e r s u b p a ra g ra p h (2). > P ro c e d u re s o f th e B o a rd - 9 Verify source ↗
S u b je c t to th e p ro v is io n s o f th is A ct. th e B o a rd sh a ll h a v e p o w e r to
The Board may regulate its own procedures, subject to this Act.
9. S u b je c t to th e p ro v is io n s o f th is A ct. th e B o a rd sh a ll h a v e p o w e r to re g u la te its o w n p ro c e d u re s. 83 No. 14 M ining 2010 S E C O N D S C H E D U L E (S e c tio n 100) R E P O R T S A N D R E C O R D S - 1 Verify source ↗
( l) S u b ject to subparagraph (2 ). th e h o ld e r o f a p ro s p e c tin g licen ce
A prospecting licence holder must keep full and accurate prospecting records and send copies to the Commissioner within the first month of each calendar quarter. The Minister may modify these requirements if the holder applies.
1 .- ( l) S u b ject to subparagraph (2 ). th e h o ld e r o f a p ro s p e c tin g licen ce s h a ll- (a ) keep at the address re fe rre d to su b s e c tio n (2).' o f s e c tio n 100. full and accurate r e c o rd s o f h is p ro s p e c tin g o p e ra tio n s w h ich indicate: (i) (ii) (iii) (iv ) (v ) (v i) (v ii) (v iii) (ix ) (x ) (x i) b oreh oles drilled: aerial photographs: s tra ta p e n e tra te d w ith d e ta ile d lo g s o f th e strata: m inerals d isco vered : th e re su lts o f a n y s e is m ic s u rv e y o r g e o c h e m ic a l o r g e o p h y s ic a l a n a ly s is: the resu lts o f any a n a ly s is o r id e n tific a tio n o f th e in te rp re ta tio n s o f m inerals; th e g e o lo g ic a l m a in ta in e d u n d e r ite m s (i) to (v i) in c lu siv e : th e n u m b e r o f p e rs o n s e m p lo y e d : o th e r w o rk d o n e p ro s p e c tin g lic e n c e : c o s ts in c u rre d : an d su c h o th e r m a tte rs a s m ay b e p re sc rib e d : in c o n n e c tio n w ith the re c o rd s (b ) su b m it w ith in th e first m o n th o f e v e ry c a le n d a r q u a rte r to th e C o m m is s io n e r c o p ie s o f r e c o rd s o f h is p ro s p e c tin g o p e ra tio n s to g e th e r w ith a n y r e c o rd s p re p a re d as a re su lt o f th o se re c o rd s. (2 ) T h e M in is te r m ay . o n th e a p p lic a tio n o f th e h o ld e r o f a p ro s p e c tin g lic e n c e , m o d ify a n y o f th e re q u ire m e n ts o f s u b p a ra g ra p h (1). J - 2 Verify source ↗
Section 2
A holder of a special mining licence must keep specified mining records and submit periodic reports to the Minister.
2. (a) T h e h o ld e r o f a sp e c ia l m in in g lic e n c e sh a ll- k e e p at th e a d d re s s re fe rre d to in su b s e c tio n (2 ) o f se c tio n 100 - a c c u ra te re c o rd s o f h is the are a , th e m in in g o f h is e n v iro n m e n ta l m a n a g e m e n t c o m p le te an d in o p e ra tio n s im p le m e n ta tio n in c lu d in g te c h n ic a l (i) (ii) (iii) p lan , in su c h form as th e M in is te r m a y a p p ro v e : c o p ie s o f all in c lu d in g in te rp re ta tio n s , m in e ra l a n a ly s e s, a e ria l p h o to g ra p h s, o re lo gs, a n a ly s e s a n d te s ts a n d all o th e r d a ta o b ta in e d m a p s, g e o lo g ic a l re p o rts , an d c o m p ile d by th e h o ld e r in re sp e c t o f th e m in in g area: a c c u ra te an d re c o rd s o f his o p e ra tio n s in the m in in g a re a a n d su c h o th e r b o o k s o f sy s te m a tic fin a n c ia l 84 No. 14 M ining 2010 a c c o u n t an d fin a n c ia l re c o rd s a s th e M in is te r m ay re q u ire : re c o rd s o f th e p ro d u c tio n o f m in e ra ls fro m th e m in in g area: th e n u m b e r o f p e rso n s e m p lo y e d b y th e h o ld e r in th e m in in g a re a a n d th e re c o rd s o f c a p a c ity in w h ic h th e y a re e m p lo y e d a n d o f th e e m p lo y m e n t an d tra in in g o f c itiz e n s o f T a n z a n ia : (b ) (c) su b m it w ith in th e first m o n th o f e v e ry c a le n d a r q u a rte r to th e in fo rm a tio n re c o rd s M in is te r re p o rts , o th e r su c h a n d c o n c e rn in g th e c o n d u c t o f o p e ra tio n s : and fu rn ish th e M in is te r w ith a c o p y o f e v e ry a n n u a l fin a n c ia l re p o rt w ith in th re e m o n th s o f th e en d o f ea c h fin a n c ia l y e a r sh o w in g th e p ro fit a n d loss fo r th e y e a r a n d th e s ta te o f th e fin an cial a ffa irs o f th e h o ld e r at th e en d o f e a c h fin a n c ia l y ear. - 3 Verify source ↗
T h e h o ld e r o f a m in in g lic e n c e o r a p rim a ry m in in g lic e n c e shall
A holder of a mining licence or primary mining licence must keep the address records referred to in section 100(2) and send specified reports to the licensing authority within the first month of each calendar quarter.
3. T h e h o ld e r o f a m in in g lic e n c e o r a p rim a ry m in in g lic e n c e shall k e e p the a d d re s s re fe rre d to in se c tio n 100(2) su c h o f th e re c o rd s, a n d shall fu rn ish to th e lic e n s in g a u th o rity , w ith in th e first m o n th o f e v e ry c a le n d a r q u a rte r s u c h o f th e re p o rts sp e c ifie d in p a ra g ra p h 2 o f th is S c h e d u le . - 4 Verify source ↗
W h ere
When a mineral right ends or a prospecting or special mining licence expires, the former holder must deliver specified records, plans, maps, and any other documents required by the licensing authority.
4. W h ere- (a) (b ) a m in eral rig h t te rm in a te s in a c c o rd a n c e w ith p r o v is io n s o f th is A ct: o r th e term o f a p ro s p e c tin g lic e n c e o r a sp e c ia l m in in g licen cc ex p ire s, th e p erso n w h o w a s th e h o ld e r o f th e M in e ra l R igh t im m e d ia te ly b e fo re th e te rm in a tio n o r e x p ira tio n sh a ll d e liv e r to th e lic e n s in g a u th o rity c o n c e r n e d _ (i) (ii) all re c o rd s w h ic h th e fo rm e r h o ld e r m a in ta in e d in th e a c c o rd a n c e w ith th is A ct w ith re sp e c t to M in e ra l R ig h t: all p la n s o r m a p s o f th e a re a o f lan d th a t w as th e M in e ra l R ig h t an d w h ic h w ere su b je c t to p re p a re d by o r on th e in s tru c tio n s o f th e fo rm e r ho ld er: (c) su c h o th e r d o c u m e n ts as th e lic e n s in g a u th o rity c o n c e rn e d m ay. by n o tic e in w ritin g g iv e n to th e fo rm e r h o ld e r, re q u ire him to so d e liv e r. - 5 Verify source ↗
W h e re th e term o f a m in in g lic e n c e , g e m s to n e m in in g lic e n c e o r
A mining licence holder must hand over required records, plans, and maps to the licensing authority immediately before the licence expires.
5. W h e re th e term o f a m in in g lic e n c e , g e m s to n e m in in g lic e n c e o r p rim a ry m in in g lic e n c e R ig h t im m e d ia te ly b e fo re th e e x p ira tio n sh a ll d e liv e r to th e lic e n s in g a u th o rity c o n c e rn e d , all re c o rd s th a t he w a s re q u ire d to k eep u n d e r th is S c h e d u le an d all p la n s o r m a p s o f th e p ro s p e c tin g o p e ra tio n s o r m in in g o p e r a tio n s o n th e area. th e p e rso n w h o w a s th e h o ld e r o f th e M in e ral e x p ire s, is - 6 Verify source ↗
W h e re th e C o m m is s io n e r h a s re a so n to b e lie v e th at a p e rso n
If the Commissioner has reason to believe a person can provide information or books/documents about minerals obtained or their value, the Commissioner may serve written notice requiring compliance.
6. W h e re th e C o m m is s io n e r h a s re a so n to b e lie v e th at a p e rso n c a p a b le o f g iv in g in fo rm a tio n o r p ro d u c in g o r m a k in g a v a ila b le b o o k s or d o c u m e n ts re la tin g to m in e ra ls o b ta in e d o r th e v a lu e o f m in e ra ls o b ta in e d , he m ay . b y n o tic e in w ritin g se rv e d on th at p e rso n , re q u ire th a t p e rso n - (a) to fu rn ish to him in w ritin g , w ith in th e p e rio d a n d in th e m a n n e r sp e c ifie d in th e n o tice, an y su c h in fo rm a tio n : 85 No. 14 M ining 2010 (h ) (c ) to a tte n d b e fo re h im o r a p e rso n sp e c ifie d in th e n o tic e at such tim e an d p la c e as is so sp e c ifie d an d th e re to a n s w e r q u e s tio n s r e la tin g to m in e ra ls o b ta in e d , o r th e v a lu e o f m in e ra ls o b ta in e d : o r to m a k e a v a ila b le to a p e rso n s p e c ifie d in th e n o tic e a t su c h tim e an d p la c e a s is so sp e c ifie d b o o k s o r d o c u m e n ts in h is c u s to d y o r p o w e r re la tin g to m in e ra ls o b ta in e d o r th e v a lu e o f m in e ra ls o b ta in e d . - 7 Verify source ↗
A p e rso n is n ot e x c u s e d from fu rn is h in g in fo rm a tio n , a n s w e rin g a
A person required under this Part of the Schedule must still provide information, answer questions, and produce books or documents even if doing so may incriminate them or expose them to a penalty.
7. A p e rso n is n ot e x c u s e d from fu rn is h in g in fo rm a tio n , a n s w e rin g a q u e s tio n o r m a k in g a v a ila b le b o o k s o r d o c u m e n ts w h e n re q u ire d to d o so u n d e r th is P art o f th is S c h e d u le on th e g ro u n d th a t th e in fo rm a tio n so fu rn is h e d , the a n s w e r to th e q u e s tio n , o r th e p ro d u c tio n of. o r m a k in g a v a ila b le , a n y b o o k s o r d o c u m e n ts m ig h t ten d to in c rim in a te h im o r m a k e h im lia b le to a p e n a lty , b ut th e in fo rm a tio n so fu rn is h e d sh a ll not be a d m is s ib le in e v id e n c e a g a in s t h im in a n y p r o c e e d in g s o th e r th a n p ro c e e d in g s fo r a c o n tra v e n tio n o f p a ra g ra p h 9. - 8 Verify source ↗
W h e re b o o k s o r d o c u m e n ts a re m a d e a v a ila b le in a c c o rd a n c e w ith
If books or documents are made available under paragraph 6, the person receiving them may make copies or take extracts.
8. W h e re b o o k s o r d o c u m e n ts a re m a d e a v a ila b le in a c c o rd a n c e w ith p a ra g ra p h 6. th e p e rso n to w h o m th e y a re m a d e a v a ila b le m ay m a k e c o p ie s of. o r ta k e e x tr a c ts from , th e b o o k s o r d o c u m e n ts . - 9 Verify source ↗
( 1) A p e rso n sh all not
A person must not ignore a paragraph 6 requirement, or knowingly give false or misleading information, statements, books, or documents when complying with it.
9 .-( 1) A p e rso n sh all not- (a) re fu s e o r fail to c o m p ly w ith a re q u ire m e n t u n d e r p a ra g ra p h 6 to th e e x te n t th a t he is c a p a b le o f c o m p ly in g w ith it: (b ) in p u rp o rte d c o m p lia n c e w ith s u c h a re q u ire m e n t, k n o w in g ly fu rn ish in fo rm a tio n th a t is false o r m is le a d in g in a m aterial p a rtic u la r: (c) w h e n a tte n d in g th e C o m m is s io n e r o r an y o th e r p erso n in a c c o rd a n c e w ith su c h a re q u ire m e n t, k n o w in g ly m a k e a sta te m e n t o r p ro d u c e a b o o k o r d o c u m e n t th a t is false o r m is le a d in g in a m a te ria l p a rtic u la r: o r (d ) w h e n m a k in g a v a ila b le b o o k s o r d o c u m e n ts in a c c o rd a n c e w ith su c h a re q u ire m e n t, k n o w in g ly m a k e a v a ila b le a b o o k or d o c u m e n t th a t is false o r m is le a d in g in a m a te ria l p a rtic u la r. (2 ) A n y p e rso n w h o c o n tra v e n e s su b p a ra g ra p h (1 ) o f p a ra g ra p h 9 sh a ll be g u ilty o f an o ffe n c e an d is lia b le o n c o n v ic tio n to a fin e n o t e x c e e d in g tw o h u n d red th o u sa n d s h illin g s o r to im p ris o n m e n t for a p e rio d n o t e x c e e d in g six m o n th s o r to b o th . Passed in the National Assembly on the 23Kl April, 2010. D r . T h o m a s D . K a s h i u l a i i , Clerk o f the National Assembly 8 6
Part
PART I
- 1 Verify source ↗
This Act may be cited as the Mining Act, 2010 and shall
This section gives the Act’s short title and says it starts when the Minister appoints a date by notice in the Gazette.
1. This Act may be cited as the Mining Act, 2010 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. A p p l i c a t i o n - 2 Verify source ↗
This Act shall apply to Tanzania Mainland
This Act applies to Tanzania Mainland.
2. This Act shall apply to Tanzania Mainland. D is a p p l ic a - tion to p e t r o l e u m - 3 Verify source ↗
This Act does not apply to exploration for or production
This Act does not apply to petroleum exploration or petroleum production.
3. This Act does not apply to exploration for or production o f petroleum. 7 No. - 76 Verify source ↗
Section 76
This section defines key terms used in the Mining Act.
76. 77, 78, 79, 80 81 82 83 84 85 No. 14 I n t e rp r e t s - tion M ining 2010 4,-( l ) In this Act, unless the context otherwise requircs- “Agency” means the Geological Survey o f Tanzania established Cap- 15 under the Executive Agencies Act; "authorised officer" means the Commissioner, C hief Inspector, Inspector. Tanzania Mining Audit Agency, or a public officer appointed under section 19 or a person designated as such by the Commissioner under subscction (4) o f section 19; “ Board’' means the Mining Advisory Board established under section 23; "building materials" includes all forms o f rock, stones, gravel, sand, clay, soils, volcanic ash or cinder, scoria, pumice, or other minerals being used for the construction o f buildings, roads, dams, aerodromes, or similar works but does not include gypsum, limestone being burned for the production o f lime, or material used for the manufacture o f cement; “C h ief Inspector" means the C hief Inspector o f Mines appointed by the Minister under section 19; "Commissioner" means the Commissioner for Minerals appointed under subsection (1) o f section 19; C a p . 2 1 2 "company" means a company incorporated under the Companies Act; "development agreement" means an agreement made between the Government and the holder o f a mineral right with intention to conduct mining operations under a special mining licence: “dispute” means all disputes as referred to under section 102; “energy minerals” means a group o f minerals comprising o f coal, peat, uranium, thorium and other radioactive minerals; “entitled applicant” means an applicant to whom subscction (1) o f section 39 applies; “ free carried interest” means the interest derived from holding shares o f which the holder enjoys all the rights o f a shareholder but has no obligation to subscribe or contribute equity capital for the shares: “gems” means cut and polished or engraved gemstone; “gem stone” means- (a) diamonds, emerald and other gem varieties o f beryl, opal, ruby, sapphire, turquoise, chrysoberyl. spinel, topaz, peridot, zircon, moonstone, chrysophasc, amethyst; tourmaline, obsidian, 8 No. 14 M ining 2010 (b) (c) other gem varieties o f quartz, garnet, zoisite, tanzanite, cordierite and scapolite, in rough and uncut form; any other rough and uncut stone which may be declared to be a gemstone by the Minister by notice in the Gazette'. Provided tnat prospecting operations, the primary purpose o f which is to search for diamonds located in a kimberlite pipe, shall not be treated as prospecting for gemstones for the purpose o f Part IV and diamonds located in, and recovered from, a kimberlite pipe shall not for the purpose o f section 7 or Part IV be treated as gemstones; “gold'’ means all gold other than refined gold and includes gold in the raw or natural state, gold in ore, gold at any stage o f its extraction from its ores or other minerals including auriferous amalgam, gold slimes, pot scrapings and slags containing gold, gold-bearing concentrates and sweepings from reduction works; “ h o ld e r ’ means the person in whose name a Mineral Right is gold registered; “ in default” means in breach o f the provisions o f this Act or the regulations or any condition o f a Mineral Right; “ industrial minerals” means a group o f minerals comprising of lime, gypsum, dolomite, diatomite, vermiculite, salt, trona, pozzollana, than metallic phosphate, kaolin, bentonite, zeolite, beach sands and other minerals other minerals, normally used in industries: “ Inspector” means an Inspector o f Mines appointed by the Minister under section 19; “ kimberlitic diamonds” means o f gem or quality formed and found in a primary rock intrusion or extrusion from the earth’s crust known as kimberlite pipe; diamonds industrial "land to which this Act applies" means- (a) (b) land in Tanzania; (including land beneath the territorial sea and other territorial waters); and the seabed and subsoil o f the continental shelf; "lawful occupier" in relation to any land means the lawful occupier o f land in accordance with the Land Act, and the Village Land Act; "licensed broker" means a person holding a broker licence granted C a p. 1 13 C a p. 1 14 under section 81; 9 No. 14 M ining 2010 "licensed dealer" means a person holding a dealer licence granted under section 74; “ licensing activities” include receiving, processing and validating applications, and granting and issuing o f mineral rights; "licensing authority" means- (a) where an application for a licence is to be made to the Minister, the Minister; (b) where an application for a licence is to be made to the Commissioner, the Commissioner; or (c) where an application for a licence is to be made to the Zonal Mines Officer, the Zonal Mines Officer; “ licensing officer” includes a licensing authority or any other public licensing officer authorised or appointed activities on behalf o f the licensing authority; to perform “ metallic minerals” means a group o f minerals comprising o f gold, tungsten, zinc, titanium, aluminium, platinum silver, copper, iron, nickel, cobalt, tin, chromium, manganese, group o f metals and other metallic minerals; "mine" when used as a noun, means any place, excavation or working in or on which any operation connected with mining is carried on together with all buildings, premises, erections and appliances belonging or appertaining thereto, above or vertically below the ground within horizontal boundaries o f the licence, the purpose o f mining, treating or preparing minerals, obtaining or extracting any mineral or metal by any mode or method or for the purpose o f dressing mineral ores but does not include a smelter or a refinery; “ mine” when used as a verb, means intentionally to mine minerals, and includes any operations directly or indirectly necessary therefor or incidental thereto, including such processing of minerals as may be required to produce a first saleable product, and “mining” shall be construed accordingly; “ mineral” means any substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth, or in or under the seabed formed by or subject to a geological process, but does not include petroleum or surface water; “ mineral rights” means licences referred to in section 7; “mining area” means an area o f land subject to a special mining licence, a mining licence, or a primary mining licence; “ mining licence” means a mining licence for medium scale mining is between US$ operation, whose capital investment No. 14 M ining 2010 100,000 and US$ 100,000,000 or Tanzanian shillings; its equivalent in “ mining operations” means operations carried out in the course of mining; “ Minister” means the Minister responsible for mining; “ person” means a natural person or a body corporate or other juridical person; C a p. 3 2 8 “ petroleum” has the meaning ascribed (Exploration and Production) A c t ; to it in the Petroleum “ primary mining licence” means a licence for small scale mining operations, whose than less capital US$100,000 or its equivalent in Tanzanian shillings; “ processing area” means an area whether within or outside the mining area used for the purpose o f milling, beneficiating and dressing mineral ores, and including smelting and refining o f minerals; investment is “ prospect” means to search for any mineral by any means and to carry out any such works and remove such samples as may be necessary to test the mineral bearing qualities o f land, and includes the conduct o f reconnaissance operations; "prospecting area" means an area o f land subject to a prospecting licence; "prospecting licence" means a prospecting licence granted under Division A o f Part IV; "prospecting operations" means operations carried out in the course o f prospecting; "regulations" means regulations made under this Act; "reserved area" means- (a) (b) an area reserved in accordance with section 15 for applications for mineral rights by tender; or an area in accordance with section 16 exclusively for the grant o f primary licences to mine minerals under Division C o f Part IV; "retention area" means the area subject to a retention licence; "retention licence" means a retention licence granted under Division reserved A o f Part IV; "special mining licence" means a licence for large scale mining than operation, whose capital US$100,000,000 or its equivalent in Tanzanian shillings; “ specified gemstone” means gemstone specified under section 17; “Tax Authority” means the Tanzania Revenue Authority, investment is not less No.
Part
Part IV and diamonds located in, and recovered from, a kimberlite
- 78 Verify source ↗
Section 78
This section defines several terms used in the Act, including “vacant area,” “zonal mines office,” “Zonal Mines Officer,” and “land subject to a mineral right.”
78. 79, 80 81 82 83 84 85 No. 14 C a p. 3 9 9 M ining 2010 established under the Tanzania Revenue Authority Act; "vacant area" means an area o f land which is not the subject of- (a) (b) (c) a mineral right, or an area subject to such a mineral right which the applicant has entered into an agreement to purchase, or respect o f which he has an enforceable option to purchase; a processing area; a pending application for a mineral right; in "zonal mines office" means such an office established for any area by the Minister in accordance with section 26; "Zonal Mines Officer" means an officer appointed under subsection (4) o f section 19 to head zonal mines office. (2) A reference in this Act to “ land subject to a mineral right’' is a reference to an area o f land in respect o f which a mineral right and or a licence for a Processing Area has been granted and subsists. PART II G e n e r a l P r i n c i p l e s C o n tr o l o f m i n e r a l s
Part
part o f it, covers or includes an area deemed to have
- 32 Verify source ↗
(l) Where an applicant is entitled to the grant o f a
The licensing authority must issue a prospecting licence to an entitled applicant, and renewal is subject to notice, fees, default, and relinquishment rules.
32 .-(l) Where an applicant is entitled to the grant o f a prospecting licence under section 31, the licensing authority shall issue to the applicant the prospecting licence as provided in that section and the licence so issued shall subsist for the following periods- (a) initial prospecting period for which for the the applicant has applied, a period not exceeding four years; (b) where application for renewal has been made by the holder in the prescribed form, for the first period of renewal for which the applicant has applied, a period not exceeding three years; (c) where application for renewal has been made by the holder in the prescribed form, for the second period o f renewal for which the applicant has applied, a period not exceeding two years; 28 No. 14 M ining 2010 (d) where the holder is not in default and at the end o f is the second period o f renewal a further period required to complete a feasibility study, already commenced by the holder, for such further period as may be reasonably required for that purpose, but not exceeding two years. (2) A holder o f the licence who intends to renew the licence shall, not later than one month before expiry date o f the licence, submit an application for renewal o f the prospecting licence. (3) The licensing authority shall, on application o f the holder o f licence granted under subscction (1) o f this section and on payment o f prescribed fees for renewal, renew the prospecting licence- (a) at the end o f the initial prospecting period or, as the case may be, at the end o f the first renewal period, for the period referred to in paragraphs (b) and (c) of subsection (1); (b) at the end o f the second renewal period, in a ease falling under paragraph (d) o f subsection (1), for the period required to complete the feasibility study. (4) The obligation o f the licensing authority to renew a prospecting licence is subject to the condition that- (a) (b) the holder is not in default except that the licensing authority shall not reject an application to renew a prospecting licence on the grounds that the holder is in default, without first serving on the holder a notice giving particulars o f the default and requiring the holder within a reasonable time specified in the notice to remedy the default; and (a) o f the holder, on subsection (3), has relinquished in the case o f a first renewal fifty per centum o f the area held during the initial prospecting period and in the case o f a second renewal fifty per centum o f the balance, and has by notice in writing to the licensing authority given a sufficient description o f the areas he is relinquishing. renewal under paragraph 29 No. 14 M ining 2010 (5) The relinquished areas shall be displayed on the notice board at the Ministry headquarters, Zonal and Resident Mines Offices on monthly basis. (6) A prospecting than kimberlitic diamonds, and a prospecting licence for building materials shall subsist for one year from the date o f grant and shall not be subject to renewal. for gemstones other licence N o t i f ic a t io n o f g r a n t s (7) The obligations o f the licensing authority under paragraph (b) o f subscction (4) shall not apply in the case where the prospecting area is not more than twenty square kilometres. 3 3.-(l) The licensing authority shall, within four weeks from the date on which an application under section 28 for the grant o f a prospecting licence was registered and consideration o f the application, notify the applicant that the application has been granted or rejected. Provided that where the application has been rejected under this section, the licensing authority shall, in notifying the applicant give reasons to that effect. (2) The applicant shall, within four weeks o f the date o f notification under subsection (1) give notice to the licensing authority o f his willingness to accept the proposed liccncc and pay the fees stipulated in the notification. (3) Where, within the time specified under subsection (2), the applicant fails to inform the licensing authority o f his acceptance o f the propose licence, the application shall be treated as having been withdrawn. (4) The licensing authority shall, within four weeks from the notice given by the applicant, grant the application and causc the licence to be issued to the applicant. (5) Not later than six weeks from the date on which application is made for the renewal o f a prospecting licence, the icensing authority shall, in accordance with subsection (2) of 'Action 32, grant the application or- (a) in a case o f default, serve on the holder a notice of the kind referred to in paragraph (a) o f subsection (3) o f section 32; or licensing where the holder has failed authority with a sufficient description o f the areas he is relinquishing the requirements of subparagraph (i), or (ii), o f paragraph (b) o f subsection (3) to provide the to satisfy in order 30 No. 14 M ining 2010 o f scction 32 serve a notice on the holder calling on him within a reasonable time to satisfy those requirements: (b) where the holder has not satisfied the licensing authority as required under paragraph (b), require the holder to provide further description o f the area for relinquishment; or; in the case o f an application under paragraph (d) o f section 32, if the conditions for the grant o f an extension in accordance with that provision have not been satisfied, serve a notice on the holder stating why. (c) C o n t e n t o f p r o s p e c t i n g licence - 34 Verify source ↗
(l) A prospecting licence shall
A prospecting licence must include specified holder, date, area, programme, expenditure, procurement, and mineral-coverage details, and the holder has rights to prospect and related activities subject to the Act and Regulations.
34 .-(l) A prospecting licence shall- (a) state the names, postal and physical address and status o f the licensee; (b) (c) (d) (e) (f) (g) state the date o f the grant o f the licence and the period for which it is granted; state the commencement and expiry dates; include a description and plan o f the area o f land over which it is granted: append the prospecting programme and its financial expenditure estimate; state in the procurement plan o f goods and services available in the United Republic; state whether the licence applies to: (i) (ii) (iii) (iv) (v) (vi) metallic minerals group and the type o f mineral; energy minerals group iand the type of mineral; gemstone minerals group and the type of mineral; industrial minerals group and the type of mineral; building materials group and the type o f mineral; kimberlitic diamonds. (2) In determining the date for the commencement o f the period for which the licence is granted, the licensing authority may 31 i No. 14 M ining 2010 take account o f any period not exceeding six months from the date o f the grant which is required by the applicant to make any necessary preparations for prospecting operations. R i g h ts o f h o l d e r o f p r o s p e c t i n g l icence 3 5 .-(l) Subject to the provisions o f this Act and the the holder the the Regulations, a prospecting right, exclusive prospecting area for minerals to which the licence applies. carry on prospecting operations in licencc confers on to (2) In the exercise o f the rights conferred by this section, the holder may, subject to section 95, cither himself or employees or agents, enter upon the prospecting area and ercct camps and temporary buildings and may ercct installations in any water forming part o f the prospecting area. by his (3) The holder o f a prospecting licence for gemstones. who in the course o f carrying out prospecting operations under the licence recovers gemstones, may dispose o f the prospecting licensed dealer and shall promptly gemstones by sale following any such the Commissioner, showing the name and business address o f the dealer, a description o f the stones, their weight and a copy o f a receipt given by the purchaser for the price received. sale submit particulars thereof to to a O b l i g a t i o n s o f h o l d e r o f n p r o s p e c tin g licence (4) The holder o f a prospecting licencc for gemstones who recovers gemstones in the course o f prospecting operations shall for the purpose o f holding the gemstones and selling them pursuant to subsection (3) be deemed to be a mineral right holder. (1) The holder o f a prospecting licence shall- - 36 Verify source ↗
Section 36
A prospecting licensee must start operations within three months (or a longer period allowed by the licensing authority), notify the licensing authority of any potentially valuable mineral discovery, follow the appended prospecting programme, and spend at least the prescribed amount on prospecting.
36.- (a) commence prospecting operations within a period o f three months, or such further period as the licensing authority may allow, from the date o f the grant o f the licence or such other date as is stated in the licence on commencement period; (b) give notice to the licensing authority o f the discovery o f any mineral deposit o f potential commercial value; (c) adhere to the prospecting programme appended to the prospecting licence; and (d) expend on prospecting operations not less than the amount prescribed. No. 14 M ining 2010 (2) A person vvho- (a) contravenes any provision o f subsection (1), shall be in default; (b) makes false statement or presentation the licensing authority regarding the obligations o f the licensee under subsection (1) commits an offence, and on conviction is liable to a fine o f not less than twenty million shillings to (ii) Retention Licence A p p l i c a t i o n lo r reten tio n licence - 37 Verify source ↗
( 1) The holder o f a prospecting licence other than a
Some prospecting licence holders may apply for a retention licence if a mineral deposit is commercially significant but cannot be developed immediately. A retention licence can last up to five years, may be renewed once for five more years, and gives the holder the right to apply for a special mining licence.
37.-( 1) The holder o f a prospecting licence other than a prospecting licence for building materials or gemstones may apply to the Minister for the grant of a retention licence on the grounds that - (a) he has identified a mineral deposit within the prospecting area which is potentially o f commercial significance; and (b) the mineral deposit cannot be developed immediately by reason o f technical constraints, adverse market conditions or other economic factors which are, or may be, o f a temporary character. (2) An application for a and accompanied independent experts or consultants acceptable to the Minister on- prospects retention assessments licence shall be appropriate studies extent, and for (a) by by recovery, the the commercial significance o f the mineral deposit, and the relevant market conditions, trends, technical and economic factors; the impact o f mining operations for the recovery o f the mineral deposit on the environment and the manner o f eliminating or minimising any adverse effects; and the Minister may such other reasonably the proposals o f the to applicant for the retention and development o f the deposit. information require as as (b) (c) (3) An application for a retention licence shall be submitted to the Board for advice. 33 No. 14 G r a n t o f reten tio n licence M ining 2010 for 3 8 .-(l) Where the commercial development o f the deposit the is not presently possible application, but may be possible within a period o f ten years, the Minister may grant a retention liccncc to the applicant over that part o f the prospecting area which the Minister, after consultation with the applicant, anticipates is required to mine the deposit identified by the applicant. reasons specified the in (2) A retention licence shall, so long as it subsists, entitle the holder to apply for a special mining licencc within the area for which the retention licence has been granted and, where such application is made, the provisions o f this Act relating to the grant o f special mining liccnces shall apply, as if the holder o f the retention licence is the holder o f a prospecting licence for that area. (3) A retention licence may be granted for a period not exceeding five years and on such conditions for the preservation o f the mineral deposit and the protection o f the environment as the Minister may determine and cause to be specified in the liccncc or in a relevant development agreement. (4) Where the commercial development is not presently possible, a retention licence may, on the application o f the holder, be renewed for a single period o f five years; but, before renewing such a licence, the Minister may require the holder to provide him with such updated studies and assessments o f the prospects o f the development and commercial exploitation o f the mineral deposit as may reasonably be required and shall refer the application to the Board for advice. (5) The Minister may, by notice in writing, require the holder o f a retention licence to show cause why he should not apply for a special mining licence in respect o f the area o f land subject to the retention licence. (6) Where the holder o f a retention licence fails to show cause within a reasonable time, specified in the notice referred to in subsection (5). or adduces reasons which the Minister considers insufficient, the Minister may by a further notice require the holder to apply for a special mining licence within a period o f sixty days from the service o f that further notice or surrender the retention licence. 34 No. 14 M ining 2010 (7) The Minister shall, before serving a notice on the holder o f a retention licencc, under subsection (6), refer the matter to the Board for its advice. DIVISION B: Special Mining Licence and Mining Licence (i) Applicalions for Special Mining Licence and M ining Licence Applicants 3 9 .- ( 1) Subject to section 42 or 5 1, as the case may be. the holder o f a prospecting licence or a retention licence hereinafter in this Division o f this Part referred to as an "entitled applicant" is entitled- (a) (b) on application to the Minister, pursuant to section 41, to the grant o f a special mining licence; on application to the Minister pursuant to section 50 to the grant of a mining licence: for the mining within the prospecting area or the retention area o f minerals to which the prospecting licencc, or the retention licence, applies. (2) Where a person who is not an entitled applicant has made an application to the licensing authority for a special mining licence or mining licence in the prescribed form and tendered the prescribed fee, the application shall be registered immediately in the register maintained for such applications in accordance with this Act. (3) The application registered under subsection (2) shall be assigned a number, date and time at which it w'as received shall be indicated on an official receipt and handed to the applicant or his authorised agent or sent to the applicant by registered mail. (4) Every applicant applying for a special mining licence or a mining licence under the provisions o f this Act shall submit copies o f his application to such persons as the Minister may prescribe in the Regulations. E ffect o f ap p l i c a t i o n u n d e r this h e a d on p r o s p e c t i n g licence
Part
part o f the prospecting area which the Minister, after consultation
- 40 Verify source ↗
( I ) Where an application is made for a special mining
If a special mining licence or mining licence is applied for over land covered by someone else’s prospecting licence, the licensing authority must give notice to end that prospecting licence.
40.-( I ) Where an application is made for a special mining licence or a mining licence for an area which includes an area subject to a prospecting licencc issued to another person, the licensing authority shall on the advice o f the Board serve notice on the holder o f the prospecting licence terminating the licence. No. 14 M ining 2010 (2) Where notice has been served in pursuance to the provisions o f subsection (1). the prospecting licence shall be deemed to have been terminated after thirty days from the date on which the notice was received. (3) At any time between the date o f the receipt o f such notice and the date o f termination o f the prospecting licence, the holder o f the licence shall be entitled, on application made to the licensing authority for the grant o f a special mining licencc or mining licence within the area o f his prospecting licence. (4) Every application under subsection (3) shall have equal priority over an application referred to in subsection (1), and the provisions o f section 15 which provides for applications by tender, shall apply. (ii) Special Mining Licence A p p l i c a t i o n for special m i n i n g licencc - 41 Verify source ↗
(1) An application for a special mining licence shall
A special mining licence application must be made in the prescribed form, pay the prescribed fee, and include specified supporting information.
41.-(1) An application for a special mining licence shall in the prescribed form and shall be accompanied by the be prescribed fee. (2) In addition to the requirements in subsection (4), an application by an entitled applicant shall identify the relevant prospecting licence or, as the case may be, retention licence and provide a full description o f the land within the prospecting area or retention area for which the special mining licence is sought and a plan o f the proposed mining area drawn in the manner and showing particulars as the Minister may reasonably require. (3) In addition to the requirements o f subsection (4), an applicant other than an entitled applicant shall include in his application such matters as are required by section 28 to be included in an application for a prospecting licence. (4) Every application for a special mining licence shall include or be accompanied by- (a) (b) a statement o f the period for which the licence is sought; a comprehensive statement by the applicant, so far as he knows, o f the mineral deposits in the proposed 36 No. 14 M ining 2010 investment, inferred, ore forecast o f capital area, and details o f all known minerals proved, reserves and mining estimated or conditions; the proposed programme for mining operations, including a the estimated recovery rate o f ore and mineral products, and the proposed treatment and disposal o f ore and minerals recovered; for resettlement and relocation, compensation o f people within the mining areas in accordance with the Land Act; the applicant’s environmental certificate issued in terms o f the Environment Management Act; details o f expected infrastructure requirements; the procurement plan o f goods and services available in the United Republic; (c) (e) (f) (g) (d) proposed plan (h) proposed plan with respect to the Employment and training o f citizens o f Tanzania and succession plan for expatriate employees, if any as may be required by the Employment and Labour Relations Act; and such other reasonably application. the Minister may the information for require disposal the (i) o f as C a p . 113 Cap. 19 1 C a p . 3 6 6 (5) the Board for advice. An application under this section shall be submitted to G r a n t o f special m i n i n g licen ce - 42 Verify source ↗
(l) Subject to the provisions o f this Act, the Minister
The Minister must grant a special mining licence if the application satisfies the listed conditions, and must give notice of decisions and reasons where required.
42.-(l) Subject to the provisions o f this Act, the Minister shall grant a special mining licence to an applicant for the mining in his o f minerals, application if, taking account o f any relevant stipulation in a development agreement- in respect o f the area o f land requested (a) (b) it is established, or may be reasonably inferred, that there are sufficient deposits or reserves o f minerals proposed to be mined to justify their commercial exploitation; the area o f land over which the licence is sought is not in excess o f the area reasonably required to e a rn out the applicant's proposed programme for mining operations and shall cover only that area required for 37 No. 14 M ining 2010 (c) (d) (e) surface mining and treatment facilities, and proved, indicated and inferred reserves; judged by international standards o f good mining practice, the applicant's proposed programme for mining operations would ensure the efficient and beneficial use o f the mineral resources o f the area over which the licencc is sought: taking account o f the size and nature o f the proposed mining operations, the applicant's proposals for the employment and training o f citizens o f Tanzania and succcssion plan on expatriate employees and plan for procurement o f goods and services available in the United Republic are adequate; the applicant is not in default in respect o f any o f the obligations under his prospecting licence, or as the case may be his retention licence, (2) Notwithstanding paragraph (c) o f subsection (1) the Minister shall not reject an application for the grant o f a special mining licence on the grounds that the applicant is in default without first serving on the applicant a notice giving particulars of the default and requiring the applicant within a reasonable time specified in the notice to remedy the default or, where a default is not capable o f remedy, the applicant has not offered in respect thereof reasonable compensation. (3) In the event that an application for a special mining licencc made by an applicant is rejected by the Minister on the grounds that the application does not satisfy one or more o f the requirements set forth in subsection (1), the Minister shall cause a notice to be served on the applicant giving full particulars of the respects in which the applicant fails to satisfy those requirements. (4) The Minister shall give notice to an applicant to which subsection (1) refers o f his decision on the application, and, if he intends to grant it, on the terms and conditions o f the special mining licence. (5) Where within sixty days o f the serv ice o f such nptice. the applicant fails to inform the Minister o f his acceptance o f the proposed special mining licence, his application shall be deemed to have lapsed. 38 No. 14 D u r a tio n o f special m i n i n g licence C o n t e n t o f special m i n i n g l icence C a p . 36 6 M ining 2010 - 43 Verify source ↗
A special mining licence granted to an entitled
A special mining licence for an entitled applicant lasts for the shorter of the ore body life in the feasibility study report or the period the applicant requests.
43. A special mining licence granted to an entitled applicant shall be for the estimated life o f the ore body indicated in the feasibility study report, or such period as the applicant may request whichever period is shorter. - 44 Verify source ↗
Section 44
A special mining licence must state the licence holder’s details, grant date, grant period, land area description and plan, and conditions covering mining operations, environmental management, employment and training of Tanzanian citizens and succession, other required matters, and the procurement plan for goods and services.
44. (a) (b) (c) (d) A special mining licence shall- state names, physical and postal address, and status o f the licence holder: state the date o f the grant o f the licence and the period for which it is granted: include a description and plan o f the area of land over which it is granted; state conditions on- (i) (ii) (iii) the programme o f mining operation; the environmental management plan; the employment and training o f citizens o f Tanzania and succession plan, as required by the Employment and Labour Relations Act; other matters as may be required; and the procurement plan o f goods and services available in the United Republic. (iv) (v) R e n e w a l o f special m i n i n g licen ce - 45 Verify source ↗
(l) The holder o f a special mining licence may, at any
A special mining licence holder may apply to renew the licence up to one year before expiry.
45 .-(l) The holder o f a special mining licence may, at any time not later than one year before the expiry o f that licence, apply to the Minister for the renewal o f his licence in respect o f all or any part o f the mining area. (2) An application for renewal shall be in the prescribed form, and shall be accompanied by the prescribed fee and shall include- (a) (b) (c) a statement on the implementation o f the conditions o f licence; a statement o f the estimated life o f the ore body for which the renewal is sought; details o f - (i) the period not exceeding the latest proved, estimated and inferred ore reserves; the capital investment to be made in, and production costs and revenue forecasts in respect of, the period o f renewal; (ii) 39 No. 14 M ining 2010 (iii) (iv) in methods of any expected changes mining and treatment; any expected in mining activities and the estimated life o f the mine; increase or reduction C a p. 191 (d) (e) (f) a proposed programme o f mining operations for the period o f renewal; an environmental certificate, Environment Management Act; operations period; if the renewal is sought in respect only o f part o f the mining area, a plan identifying that part. • in to be conducted during the respect o f the renewal issued under (3) An application for renewal shall be referred to the Board for advice. (4) Save as provided in subsection (5), on an application duly made under this section, a special mining licence shall be renewed by the Minister for a period not exceeding the estimated life o f the remaining ore body and the Minister may, subject to any relevant development agreement and after consultation with the applicant, renew the licence with variation o f conditions o f the licence. (5) The Minister may reject an application for renewal after taking account o f any relevant stipulation in a development agreement if- (a) (b) requiring the applicant is in default, provided that the Minister shall not reject an application on the grounds that the applicant is in default without first serving on the applicant a notice giving particulars o f the default and the applicant within a reasonable time specified in the notice to remedy the default or, where a default is not capable o f remedy, requiring the applicant to offer in respect thereof reasonable compensation; the development o f proceeded with reasonable diligence; the mining area has not (c) minerals in workable quantities do not remain to be produced; 40 No. 14 M ining 2010 C a p. 191 R ig h ts o f h o l d e r o f s pecial m i n i n g licence O b l i g a t i o n s o f h o l d e r o f special m i n i n g licence (d) (e) the programme o f intended mining operations will not ensure the proper development o f the mineral resources o f the mining area and their recovery in accordance with good mining practice; the applicant has not included in his application for renewal relevant environmental certificate issued under the Environment Management Act in respect o f operations to be conducted during the period o f renewal. the - 46 Verify source ↗
A special mining licence confers on the holder the
A special mining licence gives the holder exclusive rights to conduct mining operations in the licensed mining area, subject to the Act and Regulations.
46. A special mining licence confers on the holder the exclusive right, subject to this Act and the Regulations, to carry on mining operations in the mining area for minerals as specified in the licence, and for that purpose the holder, his servants and agents may. in particular- (a) enter on the mining area and take ail reasonable measures on or under the surface for the purpose o f facilitating and undertaking his mining operations; (b) erect the necessary equipment, plant and buildings for the purposes o f mining, transporting, dressing or treating the mineral recovered by him in the course o f mining operations; subject to the payment o f royalties in accordance with this Act and the Regulations, dispose o f any mineral product recovered; (c) (d) stack or dump any mineral or waste products in a environmental for manner management plan and the Regulations, and may prospect within the mining area for any mineral specified in the licence. provided his in - 47 Verify source ↗
Section 47
A special mining licence holder must meet operating, training, demarcation, closure, and relocation/compensation conditions, and the Minister may require a rehabilitation bond if mine-closure obligations are not met.
47. the Subject the holder o f a special mining licence shall, as a the provisions o f this Act and to Regulations, condition o f the licence- (a) and carry on mining develop the mining area the compliance with in substantial operations programme his and operations o f mining environmental management plan and commence production in accordance with the programme o f mining operations; 41 No. 14 M ining 2010 (b) (c) (d) (e) ( 0 on plan succession train citizens o f Tanzania and expatriate in accordance with his proposals as employ and implement employees appended to the special mining licence; demarcate and keep demarcated in the prescribed manner the mining area; prepare and update mine closure plans for making safe the mining area on termination o f mining operations in a manner as prescribed in the relevant regulations implement proposed plan for relocation, settlement and payment of compensation to people within the mining area in accordance with the Land Act; the the Minister shall, after consultation with Board, provide for the posting o f a rehabilitation bond, as provided for in the regulations, to finance the costs o f rehabilitating and making safe the mining area on termination o f mining operations where the holder o f the special mining licence has failed to meet his obligations under paragraph (d) relating to the mine closure plan or updated mine closure plan, as the case may be. A m e n d m e n t s o f special m i n i n g l icen ce b y h o l d e r - 48 Verify source ↗
( I) The holder o f a special mining licence may make
A special mining licence holder may amend certain mining and training programmes, but some amendments need the Minister’s express approval.
48.-( I) The holder o f a special mining licence may make amendments to la) the programme o f mining operations; (b) the programme for the employment or training o f citizens o f the United Republic o f Tanzania. including, where (2) Particulars o f appropriate, particulars o f any the impacts environment that any amendment could endanger, shall be served on the amendment shall have effect when so served. the amendments, significant to subsections (3) and (4), the Minister and. subject to (3) An amendment which substantially alters any provision which forms part o f the conditions o f the licence, shall not take effect without the express approval o f the Minister, and where any such amendment appears to the Minister to make such a substantial alteration, he shall refer the amendment to the Board for its advice. 42 No. 14 Mining 2010 (4) On receiving the advice o f the Board, the Minister shall within thirty days and, subject to any relevant development agreement, determine whether or not to approve the amendment and, if he decides to approve the amendment, the terms and conditions if any, on which such approval is granted, shall be complied with. (iii) Mining Licencc A p p lic a tio n for m in in g liccn cc - 49 Verify source ↗
(1) An application for a mining licence for minerals
An applicant for a mining licence must apply to the Minister in the prescribed form and pay the prescribed fee.
49.-(1) An application for a mining licence for minerals shall be made to the Minister in the prescribed form and shall be accompanied by the prescribed fee. (2) Every application tinder this section shall- (a) (b) identify the relevant prospecting licencc; describe the area, not exceeding the maximum area prescribed over which a mining licence is sought, and shall be accompanied by a sketch plan in sufficient detail to enable the Minister to identify the area; describe the mineral deposits in the proposed area; include a feasibility study which should set out- (i) (ii) (iii) its the proposed programme o f mining operations including such measures as the applicant proposes to take in relation to any adverse impacts to the environment; the estimated recovery rate o f ore and the applicant's proposals for treatment and disposal; the applicant’s estimate o f the quantity o f minerals to be produced for sale annually; state the duration, not exceeding ten years, for which the mining licencc is sought; append a plan on employment and training of Tanzanians and succession plan on expatriate employees in accordance with the Employment and Labour Relations Act as appended to the special mining licence; include a statement giving particulars o f financial and technical resources available to the applicant; submit a procurement plan o f goods and services available in the United Republic. (c) (d) (e) ( 0 (g) (h) C a p . 3 6 6 43 No. 14 M ining 2010 (i) include such further information as the Minister may required for disposing o f the application. G ra n t o f m in in g licen ce - 50 Verify source ↗
(l) The Minister shall grant an application for a
The Minister must grant qualifying mining licence applications, unless one of the listed exceptions applies. The initial mining licence period is up to ten years and may be renewed under section 53.
50.-(l) The Minister shall grant an application for a mining licence for minerals which has been properly made under section 49 and a successful application for a mining licence made under section 71 unless- (a) (b) the applicant is a person to whom section 8 applies; the area in respect o f w hich a mining licence is sought is in excess o f the area required to mine the deposits identified by the applicant; (c) employment and training programme for citizens o f Tanzania and succession plan on expatriate employees in accordance with his proposals is not satisfactory; the applicant is or was in default in respect o f any other mineral right and has failed to rectify such fault; the applicant is not an entitled applicant and- (d) (e) (i) (ii) (iii) (iv) an area than other reserved the area o f land for which the applicant has made application or part o f it is subject to another mineral a right, prospecting licence for building materials or gemstones; the area o f land for which application has been made, or part o f it, covers or includes an area designated by the Minister under section for 14 as and mining operations by prospecting persons holding primary licences to mine minerals; the area o f land for which application has been made covers or includes an area o f land for which application has been made by another person who has priority over the applicant under section 14; except in a case o f an application made in accordance with section 71, the area o f land for which application has been made, or part o f it, covers or includes an area designated by the Minister under section 15 as an area in respect o f which applications for the grant o f a mineral right have been, or will be, invited by tender; 44 No. 14 M ining 2010 (v) (vi) financial and technical resources available to the applicant are not adequate for the conduct o f mining operations; the applicant has not included an application for relevant licence environmental certificate issued under the Environment Management Act. mining the (2) The maximum initial period for which a mining licence may be granted is ten years but the licence may be renewed as provided in section 53. R ig h ts o f h o ld e r o f m in in g lic e n c e s - 51 Verify source ↗
A mining licence confers on the holder the exclusive
A mining licence gives its holder the exclusive right to carry on mining operations in the mining area, and lets the holder and related servants or agents do specified work there.
51. A mining licence confers on the holder the exclusive right, subject to this Act and the Regulations, to carry on mining operations in the mining area for the stated minerals, and for that purpose the holder, his servants and agents may, in particular- (a) enter on the mining area and take all reasonable measures on or under the surface for the purpose of facilitating and under taking his mining operations; (b) erect the necessary equipment, plant and buildings for the purposes o f mining, transporting, dressing or treating the mineral recovered by him in the course o f mining operations; subject to payment o f royalties in accordance with this Act and the Regulations, dispose o f any mineral product recovered; (c) C a p . 3 6 6 O b lig a tio n s o f h o ld e r o f m in in g lic e n c e s (d) (e) stack or dump any mineral or waste product in a manner applicable for Regulations, provided the in employ and train citizens o f Tanzania and expatriate implement employees in accordance with the Employment and Labour Relations Act, succession plan on and may prospect within the mining area for any minerals other than gemstones. - 52 Verify source ↗
Section 52
A mining licence holder must carry out mining work diligently and in line with the licence holder’s programme, keep the mining area demarcated, protect the environment, handle relocation/resettlement and compensation as required, employ and train Tanzanian citizens, plan for expatriate employees, and follow the procurement plan.
52. Subject to the provisions o f this Act and the Regulations the holder o f a mining licence shali- (a) develop the mining area and carry on mining operations his programme o f mining operations with due diligence; in substantial compliance with 45 No. 14 M ining 2010 C ap . I 13 C a p . 366 R e n e w a l o f m in in g liccn cc (b) (c) (d) (e) (f) in environment accordance with the proposed plan demarcate and keep demarcated in the prescribed manner the mining area; take all appropriate measures for the protection o f the the Environment Management Act; implement relocation, resettlement of, and payment o f compensation to people within the mining areas in accordance with the Land Act; employ and train citizens o f Tanzania and succession plan on expatriate implement employees in accordance with the Employment and Labour Relations Act. implement plan for procurement o f goods and services available in the United Republic. the for - 53 Verify source ↗
(I) The holder o f a mining licence may, not later than
A mining licence holder may apply for renewal up to six months before expiry, using the prescribed form and fee, with a tax clearance certificate.
53.-(I) The holder o f a mining licence may, not later than six months prior to expiry date o f the licence, apply to the Minister for a renewal o f his licence; an application for renewal shall be in the prescribed form and shall be accompanied by the prescribed fee and tax clearance certificate issued by the Tax Authority in respect o f operations to be conducted during the renewal period. (2) On an application made under this section, the Minister shall renew the mining licence for the period for which application has been made, but not exceeding ten years, unless- (a) the applicant is in default; Provided that the licensing authority shall not reject an application to renew a mining licence on the grounds that the holder is in default, without first serving on the holder a notice specifying particulars o f the default and requiring the holder to remedy the default time specified in the notice. (b) the development o f the mining area has not proceeded with reasonable diligence; minerals in workable quantities do not remain to be produced; the applicant has to conduct mining (c) (d) failed operations in the mining area in strict compliance with the applicable Regulations relating to safety and environmental management. 46 No.. 14 M ining 2010 DIVISION C: Primary Mining Licences A p p lic a tio n fo r p rim a ry m in in g lic e n c c - 54 Verify source ↗
(1) Any person not disqualified under section 8. may
People who are not disqualified may apply for a primary mining licence, and the Zonal Mines Officer must grant or renew it unless listed exceptions apply.
54. (1) Any person not disqualified under section 8. may apply to the Zonal Mines Officer for the grant o f a primary mining licence. G ra n t and v a lid ity o f p rim a ry M in in g lic e n c e (2) Every such application shall- (a) be in the prescribed form and accompanied by the prescribed fee; and describe the area not exceeding the maximum area prescribed over which1 the licence is sought. (b) (3) A primary mining licence shall confer on the holder the right to prospect for and mine minerals as provided for in this Division o f this Part. 5 5 .-(l) The Zonal Mines Officer o f the respective Zone shall grant an application for a primary mining licence which has been properly made under section 54 unless- (a) (b) the applicant is or was in default in respect o f any other mineral right and has failed to rectify such default; the area for which application has been made or part o f it covers or includes an area which is: (i) (ii) (iii) an area subject to another mineral right or an area which subsection (3) o f section 7 relates; an area designated by the Minister under as section for 16 prospecting and mining operations by persons holding primary mining licences; an area designated by the Minister under section 15 (2) (a) as an area in respect o f which applications for the grant o f a mineral right have been, or will be, invited by tender. reserved (2) A primary mining licence granted under this section shall be valid for a period o f seven years and may be renewed under section 56. (3) A primary mining licence to mine minerals granted under this section shall confer on the holder the exclusive right, subject to this Act and the Regulations including the Regulations 47 No. 14 M ining 2010 applicable to safety and the protection o f the environment, to carry on prospecting and mining operations in the mining area, and for that purpose the holder, his servants and agents (being persons not disqualified under subsection (2) o f section 8 from holding a primary mining licence) may. in particular- (a) (b) (c) (d) (e) enter on the mining area and take all reasonable measures on or under the surface for the purpose of mining operations; erect the necessary equipment, plant and buildings for the purpose o f mining, transporting, dressing or treating the minerals recovered by him in the course o f mining operations; subject to payment o f royalties in accordance with this Act and the regulations dispose o f any mineral recovered; stack or dump any mineral or waste product compliance with the applicable regulations; carry on prospecting operations in the mining area. in R e n ew al o f p rim a ry m in in g licen ce 5 6.-(l) Not later than three months before the expiry date o f primary mining licence, the holder may apply to the Zonal Mines Officer for renewal o f the licence. (2) The Zonal Mines Officer shall renew the licence on an application made under subsection (1) and accompanied by the prescribed fee. (3) An application for renewal o f the licence under this section may be refused if- f (a) the applicant is in default; (b) the development o f proceeded with due diligence: the mining area has not (c) minerals in workable quantities do not remain to be produced; (d) failed applicant has the conduct mining operations in the mining area in strict compliance with the applicable Regulations relating to safety and environmental management; to 48 No. 14 M ining 2010 A llo c a tio n o f p rim ary m in in g lic e n c e s to m in e in e x c lu s iv e p rim a ry area C o n v e rs io n o f p rim a ry m in in g lic e n c e s to m in in g licen ces Provided that the licensing authority shall not reject an application to renew a primary mining licence on the grounds that the holder is in default, without first serving on the holder a notice specifying particulars o f the default and requiring the holder to remedy the default time specified in the notice. - 57 Verify source ↗
(l) Primary mining licences in an area designated
Primary mining licences in a designated area must be allocated under a regulatory scheme, and applications for those licences may not be made under section 54.
57 .-(l) Primary mining licences in an area designated under section 16 shall be allocated in accordance with a scheme o f allocation provided for by the regulations and no application for any such licence may be made under section 54. (2) A scheme o f allocation made under the regulations pursuant to this section, shall make provision for the renewal amalgamation and conversion o f such primary mining licences in the designated area. - 58 Verify source ↗
( 1) The holder o f one or more primary mining
A primary mining licence holder may apply to convert the licence to a mining licence, and the Commissioner and Minister must process and issue it if the application meets the stated conditions.
58.-( 1) The holder o f one or more primary mining licences may- (a) at any time before the licences expire; (b) if the holder has tendered the prescribed fee, is not in default and has provided particulars which would be required in an application under sections 49 as the case may be. apply to the Commissioner to convert the licence or licences to a mining licence. (2) An application made in accordance with subsection (1) shall be granted by the Commissioner and the mining licence shall be issued by the Minister within the period o f thirty days from the date o f receipt o f the application. (3) When granting the licence under this section the remaining period o f the former licences shall not be taken into account. DIVISION D Mineral Processing, Smelting and Refining M in e ra l rig h t h o ld e r to set asid e m in e ra ls fo r p ro c e ss in g , s m e ltin g o r refin in g - 59 Verify source ↗
The mineral right holder shall be required to set a
A mineral right holder must set aside some minerals at a percentage set by the Minister after consultation with the holder and the Board.
59. The mineral right holder shall be required to set a side certain amount of minerals at such percentage as the Minister may after consultation with the mineral right holder and the Board determine for processing, smelting or refining within the United Republic. 49 No. 14 A p p lic a tio n an d g ra n t o f lic e n c e for p ro c e ss in g M in e ra ls M ining 2010 - 60 Verify source ↗
(l) A person who is not entitled to process minerals in
A person who is not already entitled to process minerals may apply to the Commissioner for a processing licence, but the application must use the prescribed form and include required documents and fees.
60.-(l) A person who is not entitled to process minerals in any area within or outside the area subject to a mineral right may apply to the Commissioner for a licence for processing minerals. (2) An application under subsection (1) shall be made in la) (b) the prescribed form and accompanied by- prescribed fee; environment management plan as described relevant regulations; process plant layout; procurement, haulage and processing inputs plan; compensation, relocation and resettlement plan, if required; and such other documents and information as may be required by the licensing authority. (c) (d) (e) (f) in (3) The Commissioner shall, if satisfied with the content o f the application under subsection (2), register the applicant and issue the licence upon such terms and conditions as may be prescribed in the licence. (4) The Processing Licence issued under this section shall be valid for a period not exceeding ten years and shall be subjects to renewal. (5) Procedures for application and granting o f licence for processing minerals under this section shall be prescribed in the regulations. - 61 Verify source ↗
(1) A person who wishes to smelt or refine minerals
A person who wants to smelt or refine minerals must apply to the Minister for the relevant licence and submit the required form, fee, and supporting documents.
61.-(1) A person who wishes to smelt or refine minerals shall submit an application to that effect to the Minister for a smelting licence or as the case may be, a refining licence. (2) The application under subsection (1) shall be made in the prescribed form and shall be accompanied by- A p p lic a tio n an d g ra n t o f lic e n c e for sm e ltin g o r re fin in g m in e ra ls (a) (b) prescribed fee; environment management plan as prescribed relevant regulations; smelter or refinery plant layout; (c) (d) waste disposal management plan; in 50 No. 14 M ining 2010 (e) ( 0 compensation relocation and resettlement plan; such other documents or information as may be required by the licensing authority; (3) The smelting licence or a refining licence issued under this section shall be valid for a period not exceeding twenty five years and shall be subject for renewal. S u rre n d e r o f land su b je c t to m in eral rig h t DIVISION E: Supplementary Provisions Affecting Mineral Rights - 62 Verify source ↗
(l) The holder of a mineral right who wishes to
A mineral-right holder who wants to surrender land must apply to the licensing authority at least three months before the surrender takes effect, and the authority may issue a certificate with conditions or refuse it in specified cases.
62 .-(l) The holder of a mineral right who wishes to surrender all or any pail o f the land subject to his licence, shall apply to the licensing authority not less than three months before the date on which he wishes the surrender to have effect, for a certificate o f surrender, and. subject to subsection (3) and any relevant stipulation in a development agreement, the licensing authority shall issue to the applicant a certificate o f surrender either unconditionally or subject to such conditions relating to the surrendered land as the licensing authority may determine. (2) An application under this seclion- (a) shall identify the land to be surrendered and, if the application applies to only a part o f the land subject to the licence, include a plan clearly identifying both the part to be surrendered and the part to be retained; (b) shall state the date on which the applicant wishes (c) (d) the surrender to take effect; shall give particulars o f the operations which have been carried oi] under the licence on the land to be surrendered; and shall be supported by such records and reports in licensing those operations as relation authority may reasonably require. the to (3) The licensing authority shall not issue a certificate o f surrender- (a) (b) to an applicant who is in default; to an applicant who fails the reasonable requirements o f the licensing authority under subsection (2); to comply with 51 No. 14 M ining 2010 (c) (d) if the licensing authority is not satisfied that the applicant will leave the land to be surrendered and on which prospecting or mining operations have been carried on in a condition which is safe, which accords with good mining practice, and, as applicable, conforms to the requirements o f the environmental management plan or the applicable Regulations relating to safety and environmental management; in respect o f any part o f the land subject to the licence if the licensing authority is not satisfied that the land which remains subject to the licencc is capable o f being efficiently used or developed according to the terms o f the licence. (4) A certificate o f surrender shall take effect on the date on which it is issued to the applicant. (5) Where the certificate relates to the whole o f the land subject to the holder's licence, the iicencc shall be cancelled with effect from the same date; in any other case, the licence shall be amended to take account o f the surrender. (6) Notwithstanding the issue o f a certificate o f surrender, the surrender o f any land shall not affect any liability incurred before the date on which the surrender had effect in respect o f the land, and any legal proceedings that might have been commenced or continued in respect o f any liability against the holder o f the licence may be commenced or continued against the holder or, as the case may be. the former holder. 6 3.-(l) Subject to this section and any relevant stipulation in a development agreement, where the holder o f a mineral right- (a) fails in a material to comply with any respect requirement o f this Act or the Regulations which are binding on him; (b) fails to comply with a condition o f the licence (not being exempted under this Act or the Regulations from doing so); (c) fails to comply with a direction lawfully given under this Act or the Regulations or with a condition on which any certificate o f surrender is issued or on 52 S u sp e n s io n an d c a n c e llatio n o f M in e ra l R ight No. 14 Mining 2010 which any exemption or consent is given under this Act or the Regulations; (d) fails to comply with the conditions relating to the exercise o f his rights under his licencc which are contained in a relevant development agreement, the Licensing Authority may. on that ground but subject to subsection (2) and the provisions o f any relevant development agreement, by notice in writing served on the holder o f the licence, suspend or cancel the licence. (2) The Licensing Authority shall not suspend or cancel a licence on a ground referred to in subsection (1) unless- (a) (b) (c) he has first served on the holder a default notice specifying the grounds on which, under subsection (1), the licence is liable to be suspended or cancelled; the holder has failed within a period o f thirty days from the date on which the default notice was served or such longer period as the Licensing Authority may allow to remedy the default specified or, where such default is not capable o f being remedied, has failed to offer in respect thereof reasonable compensation; for matters related to licences other than primary licences the matter has been referred to the Board for advice. (3) The Licensing Authority may, by notice in writing to the holder o f a mineral right, cancel the relevant licence on the occurrence o f an event which, as provided under subsection (1) o f section 8, would render that person ineligible to be granted a mineral right. (4) Where two or more persons constitute the licensee and- (a) an event occurs o f a kind referred to in section 8 in respect o f one or more but not all o f those persons; or (b) one or more, but not all. o f those persons fails to comply with an obligation which, under the terms and conditions o f the licence or a relevant development agreement, is a several obligation, the Licensing Authority shall not suspend or cancel the licence, but may serve on any such person (in this section referred to as an "affected person") a notice o f compulsory assignment requiring 53 N o. 14 M ining 2010 the affected person unconditionally, without consideration and free from any encumbrance, to assigli to the liccncc holders who are not affected persons (in this section referred to ds "unaffected persons") the entire interest in the licence held by the affected person. (5) For the purposes o f subsection (4), the affected person shall make such assignment to the unaffected persons in undivided shares the unaffected persons hold the licence, and the unaffected persons shall be obliged to accept such assignment. the undivided shares in proportion in which to (6) The provisions o f subsection (2) and (3) shall apply to a proposal to serve on an affected person a notice o f compulsory assignment as they apply to a notice suspending or cancelling a licence. (7) On the cancellation o f a licence or a compulsory assignment under this section, the rights o f the holder, or as the case may be the affected person, cease, but the cancellation or compulsory assignment does not affect any incurred before the cancellation or assignment and any legal proceedings that might have been commenced or continued against the former holder may be commenced or continued against him. liability A b a n d o n m e n t o f land su b je c t to m in e ra l rig h ts - 64 Verify source ↗
(l) The holder o f a mineral right who wishes to
A mineral-right holder who wants to abandon land must apply to the Chief Inspector for a certificate at least 90 days before the intended date.
64.-(l) The holder o f a mineral right who wishes to abandon all or any part o f the land subjcct to licence shall apply to the C hief Inspector, not later than ninety days before the date on which he wishes the abandonment to have effect, for a certificate o f abandonment. a the applicant (2) Subject to this section, the C h ief Inspector shall issue to either unconditionally or subject to such conditions relating to the abandoned land as the C hief Inspector may determine. (3) An application under this section- (a) shall identify the land to be abandoned and, if the abandonment certificate o f application applies to only a part o f the land subject to the licence, shall include a plan clearly identifying both the part to be abandoned and the part to be retained; 54 No. 14 M ining 2010 (b) (c) (d) shall state the date on which the applicant wishes the abandonment to take effect; shall give particulars o f the operations which have been carried on under the licence on the land to be abandoned; and shall be supported by such record and reports in relation to those operationsyas'm e C hief Inspector may reasonably require^— ^___ (4) A certificate o f abandonment shall take effect on the date on which it is granted to the applicant, and- (a) where the certificate relates to the whole o f the land subject to the holder's licence, the licence shall be cancelled with effect from the same date; and in any other case, the licence shall be amended to take account o f the abandonment. (b) (5) The abandonment o f any land does not affect any liability incurred before the date on which the abandonment has effect in respect o f the land, and any legal proceedings that might have been commenced or continued in respect o f any liability against the applicant for the certificate may be commenced or continue against that applicant. A p p e a ls - 65 Verify source ↗
(l) Any person aggrieved by a decision o f the
People who are aggrieved by certain decisions may appeal within 60 days to the Minister or the High Court, depending on who made the decision.
65.-(l) Any person aggrieved by a decision o f the licensing authority other than the Minister for suspension and cancellation o f mineral rights aiid compulsory assignment of undivided shares under this Act, may within sixty days from the date o f decision appeal to the Minister. (2) Any person aggrieved by a decision o f the Minister for suspension and cancellation o f mineral rights and compulsory assignment o f undivided shares and or any other matter under this Act, may within sixty days from the date o f decision appeal to the High Court. (3) Procedures for lodging complaints and appeals under this Act shall be prescribed in the regulations. 55 No. 14 P enally for failu re to p ay ro y a lty M ining 2010 - 66 Verify source ↗
(l) Where the holder o f a mineral right fails to pay
If the holder of a mineral right is late paying annual rent, royalty, or a payment in lieu of royalty, a penalty becomes payable after 90 days.
66.-(l) Where the holder o f a mineral right fails to pay annual rent, royalty or to make payment in lieu o f royalty payable by him under this Act or the regulations, shall, after ninety days from the date upon which such amount becomes due, in addition to the amount payable by him, pay a penalty- (a) in case o f an individual person, twenty five per centum o f the amount which is due; and (b) in case o f a body corporate, fifty per centum o f the amount which is due. (2) The liability to pay penalties under this section shall not exempt any person from any other liability under this Act. (3) Any unpaid annual rent, royalty or payment in lieu of royalty, shall be a debt which shall be recovered in a court o f competent jurisdiction. E x te n sio n o f M in e ral R ig h ts d u rin g a p p lic a tio n s - 67 Verify source ↗
Where the holder
If the holder applies in time, the current licence stays in force until the renewal or grant is decided, or the application is refused.
67. Where the holder- (a) o f a mineral right applies, during the currency o f that mineral right for a renewal o f the licence in respect o f that mineral right; (b) licencc or a retention o f a prospecting licence applies, during the currency o f that liccnce, for a mineral right to which he is entitled, the current licence shall remain in force until- (i) the date o f the renewal or grant o f the licence for which application is made; or (ii) the application is refused, as the case may be. E n la rg e m e n t o f m in e ra l rig h t - 68 Verify source ↗
(l) The holder of mineral right may apply to the
A mineral-right holder may apply to enlarge the licensed area, and the licensing authority may approve or refuse the request.
68.-(l) The holder of mineral right may apply to the licensing authority for the enlargement o f the area for which his licence is granted and the licensing authority may, subject to subsections (2) and (3) and any relevant development agreement, approve the application or refuse to do so. (2) Subject to the provisions o f subsection (1), the licensing authority shall not approve an application under this section unless the land in respect o f which the application is made is a vacant area which is not part o f a reserved area and the relevant area shall not, as enlarged, exceed the maximum area prescribed in accordance with section 70. 56 No. 14 A lining 2010 (3) An approval under this section may be given unconditionally or subject to such conditions as the licensing authority may determine and any such conditions shall be in the document signifying the licensing authority's specified approval. (4) An approval under this section, together with any the conditions applicant's licence and the licence shall be deemed to be amended in accordance with the endorsement. is subject, shall be endorsed on to which it I (o ld e r o f cc rta in M in e ral R ight su s p e n d in g m in in g o p e ra tio n s - 69 Verify source ↗
(l) The holder o f a mineral right other than a mineral
A mineral-right holder (except under Division A) must notify the licensing authority before suspending production and include a report explaining the suspension.
69.-(l) The holder o f a mineral right other than a mineral right under Division A shall, within two weeks prior to the date o f suspension notify the licensing authority if he intends to suspend production from the mining area. (2) Such notification shall be accompanied by a report giving details o f the intended suspension, the reasons therefor and the duration o f such suspension. (3) On receiving notification under subscction (1) or. if he the otherwise becomes aware o f a cessation or suspension, licensing authority shall cause the matter to be investigated and- (a) (b) in any case in which the cessation or suspension has been caused by an event beyond the reasonable control o f the holder, shall give his approval to the cessation or suspension for so long as that event continues to affect mining operations or processing operations, as the case may be; in any other case, after reference to the Board and subject a relevant development agreement, shall- (i) stipulations any to in if it is fair and reasonable to do so. give his approval to the cessation or suspension: otherwise direct to continue mining operations in substantial compliance with the programme o f mining operations or processing operations as the case may be. the holder (ii) (4) A person who fails to comply with the requirement or direction given under this section shall be deemed to be in default, 57 No. 14 M ining 2010 and the licensing authority may, in addition to other penalties under the provisions o f this Act. in accordance with this Act-; cancel licence the M a x im u m are a lo r M in e ra l R ig h ts A llo c a tio n o f m in in g lic e n c e by te n d e r - 70 Verify source ↗
The maximum area for which a mineral right may be
The maximum area for a mineral right must be prescribed, and regulations may set different maximum areas for different minerals and mineral rights.
70. The maximum area for which a mineral right may be granted shall be prescribed and for that purpose the Regulations may prescribe different maximum areas for different minerals and in respect o f different mineral rights. - 71 Verify source ↗
(1) An application for a mining licencc in an area
In tender-designated areas, a mining licence application must use the prescribed tender form, include the prescribed tender fee, and follow the invitation’s terms. The Board advises on the applications, and the Minister chooses the bid most likely to best develop the area’s mineral resources.
71.-(1) An application for a mining licencc in an area designated as an area in which applications for the relevant licence are invited by tender shall be- (a) (b) (c) in the prescribed tender form; accompanied by the prescribed tender fee; and subject to the terms and conditions o f the invitation to tender, shall include the matters required to be included in applications o f Division B o f this Part. (2) All applications under this section shall be referred to the Board for its advice. (3) On receipt o f a report from the Board, the Minister shall consider the competing bids and shall select the bid which in his opinion will be most likely to promote the expeditious and beneficial development o f the mineral resources o f the area having regard to la) (b) (c) the and commitments the programme o f prospecting or as the case may be, mining operations which the applicant proposes to regards carry out to expenditure which make; the financial and technical resources o f the applicant; the previous experience o f the applicant conduct o f prospecting and mining operations. the applicant is prepared the as in (4) The successful application under this section shall be treated as an application under section 49. which has priority over any other application. 58 No, 14 T e rm in a tio n o f m in in g lic c n c c w h e re p ro d u c tio n is in su ffic ie n t A p p lic a tio n fo r d e a le r liccn v c M ining 2010 \ - 72 Verify source ↗
(l) Where over a continuous period, not being less
The Minister may terminate a mining licence if the holder underperforms for at least three continuous years, and must then notify the holder to stop operations and settle liabilities and closure costs.
72.-(l) Where over a continuous period, not being less than three years, the holder o f a mining licencc has in each year of production recovered less than fifty per centum of- (a) (b) rate recovery specified estimated in the case of the holder o f a mining licencp for minerals specified in the licence the quantity o f minerals which should have been recovered under the in his in accordance with feasibility stucjy submitted section 49; or the shortfall in the quantities recovered has not been caused by events beyond the reasonable control o f the continuous period does not the holder and include any perjod during which the Minister under section 69, has approved the cessation or suspension o f production, the Minister may, on the advice o f the Board, terminate the licence. (2) The Minister shall, upon terniination o f the mining licence under section (1) notify the licence holder in writing requiring him to cease the operations with effect from the date specified including employees entitlement, mine environmental rehabilitation costs as may be necessary for the termination of mining operations. in the notification, and pay all liabilities, closure and L i c i -n c i -s i-o r D h a i. i n g in M i n e r a l o r M i n e r a l s PART V (i) Dealer Licence 7 3.-(l) An application liccnce shall be addressed to the relevant Zonal Mines Officer in the prescribed form and be accompanied by the prescribed fee. for a dealer (2) The applicant under subsection (1) shall state the type o f mineral or minerals for which the liccnce is sought. (3) The application for dealer licence in respect o f gemstonps shall be accompanied by commitment statement indicating the capacity to undertake lapidary. 59 No. 14 M ining 2010 (4) No dealer iieence shall be granted to or held by a person who by reason o f subsection (1) or (2) o f section 8 is not qualified to be granted a primary mining licence unless the dealer licence is held by such person in undivided participating shares with a person or persons qualified to hold the licence under (2) o f section 8 and whose undivided subsection participating share or shares amount to not less than twenty five per centum either alone, in the case o f one person, or in the aggregate, in the case o f more than one person. (1) or (5) For the purpose o f this section, dealer licence shall be applied for any o f the following mineral or minerals- (a) (b) (c) (d) (e) ( 0 gold; metallic minerals; coloured gemstones; diamond; coal; and industrial minerals. G ran t o f d e a le r licen ce
Part
Part VIII.
- 97 Verify source ↗
Section 97
A mineral right holder must advise affected owners or occupiers to vacate, consult the local government authority on changing the land use plan, and submit a compensation, relocation, and resettlement plan.
97. ( I ) Where the rights conferred by a mineral right cannot reasonably be exercised without affecting injuriously the interest o f any owner or occupier o f the land over which those rights extend as required under section 96, the mineral right holder shall - 70 No. 14 M ining 2010 C a p . I i 3 C a p 113 an d 114 R e m o v a l o f m in e ra ls W astefu l p ra c tic e s (a) (b) advise the owner or occupier o f the land to vacate the area, and consult the relevant local government authority on amendment o f the land use plan; submit a proposed plan on compensation, relocation and resettlement o f the owner or occupier o f the land as per the Land Act. (2) The procedures established under the Land Act and the Village Land Act with regard to establishing the market value o f reasonable in determining compensation o f land referred in this section and section 96. shall apply fair and land - 98 Verify source ↗
The holder o f a prospecting licence shall not, without
A holder of a prospecting licence must not remove minerals from the prospecting area unless the Commissioner gives written permission.
98. The holder o f a prospecting licence shall not, without the written permission of the Commissioner, and subject to such conditions as the Commissioner may specify in the instrument o f permission, remove any mineral from the prospecting area, except for the purpose o f having the mineral analysed, determining the value o f the mineral or conducting tests on the mineral. - 99 Verify source ↗
( 1) Where the Commissioner considers that a holder
If the Commissioner thinks a mineral right holder is using wasteful mining practices, the Commissioner must notify the holder and can require the holder to explain why the practices should continue. If the holder does not satisfy the Commissioner, the Commissioner may order the holder to stop those practices, and the holder must comply. An aggrieved holder may appeal to the Minister.
99.-( 1) Where the Commissioner considers that a holder o f a mineral right is using wasteful mining practices he shall give notice to the holder accordingly (giving in the notice particulars o f the practices) and require the holder to show cause, by notice within such period as the Commissioner shall specify in the notice, why he should not cease to use those practices. i (2) Where, within the peripd specified in the notice given under subsection (1), the holder fails to satisfy the Commissioner that he is not using the wasteful practices concerned, or that the use o f those practices is justified, the Commissioner may give notice to the holder directing him to cease using all o f those practices, or the practices specified in the notice, by such date as is specified in the notice, and the holder shall do as directed. (3) Where the holder o f a mineral right is aggrieved by a notice given by the Commissioner under subsection (2) he may appeal to the Minister against the directions given in the notice. R e p o rts, re c o rd s and in fo rm a tio n - 100 Verify source ↗
(1) The holder o f a mineral right shall keep records
A mineral right holder must keep records, submit required reports and information, maintain a Tanzania address, notify the Commissioner of that address and any changes, and comply with inspection directions from the Commissioner.
100.-(1) The holder o f a mineral right shall keep records within the Mining areas or at the mineral rights holders' office located in Tanzania for as long as the mineral right subsist, and 71 I No. 14 M ining__________________________ 2010 shall submit reports and furnish such information as required in the Second Schedule. (2) The holder o f a mineral right shall maintain an address in Tanzania to which communications may be sent and shall give notice to the Commissioner o f that address and o f any changes of such address. (3) The Commissioner may direct the holder o f a mineral right, at a reasonable time and place specified in the direction, to make available to, or to produce for inspection by, himself or the Zonal Mines Officer or any public officer specified the direction any books, accounts, vouchers, documents or records of any kind concerning the mineral right, and the holder o f the mineral right shall comply with the direction. in (4) Without prejudice to subsection (3). the provisions o f Second Schedule shall apply with regard to the obtaining of information relating to minerals obtained, or the value o f minerals obtained, in exercise o f a mineral right. A u th o rise d o ffic e r's p o w e r o f en try - 101 Verify source ↗
(1) The Commissioner or an authorised officer may
The Commissioner or an authorised officer may enter and inspect mineral-right areas and related records, and the mineral-right holder must give reasonable assistance. Obstructing the Commissioner or an authorised officer without reasonable excuse is an offence.
101.-(1) The Commissioner or an authorised officer may at any time, enter upon any area over which a Mineral Right has been granted or any premises or working places other than a dwelling house for the purpose of- (a) inspecting that area, premises or working places and examining prospecting or mining operations or the treatment o f minerals being performed or carried out; (b) ascertaining whether or not the provisions o f this Act or the Regulations, or the conditions o f a mineral right, are being complied with; (c) ascertaining whether any nuisance exists upon that area, premises or working places; (e) (d) giving directions, and taking steps, to enforce any provision o f this Act or the Regulations, or to abate or remove any nuisance: taking soil samples or specimens o f rocks, ores concentrates, tailings or minerals situated upon that area, premises or working places for the purpose of examination or assay; 72 No. 14 M ining 2010 (f) examining books, accounts, vouchers, documents, maps, drilling logs, or records o f any kind: or (g) obtaining any information which he may deem necessary for the administration o f this Act. (2) The Commissioner or an authorised officer may, at all reasonable times, inspect and take copies o f any book o f accounts, vouchers, documents, maps, drilling logs or records o f any kind, kept by the holder o f a mineral right, dealer's or broker's licence pursuant to the provisions o f this Act and Regulations made thereunder. (3) The holder o f the mineral right shall provide such reasonable assistance (including the provision o f necessary means o f transport) as is required to enable the Commissioner or an authorised officer to exercise or perform any power or function under this section. (4) Any person who, without reasonable excuse, hinders or obstructs the Commissioner or an authorised officer in carrying out any function under subsection (1) or (2) commits an offence and on conviction is liable to a fine not exceeding twenty live million shillings or to imprisonment for a term, not exceeding twelve months, or to both such line and imprisonment. to believe (5) Where the Commissioner or authorized officer has reasonable grounds the commission o f an offence under this Act may be located in any premises, vehicle, vessel or aircraft, he may. without warrant enter the premises, vehicle, vessel or aircraft in question and search for such evidence. that evidence relating to PART VIII D i s p u t e s S e t t l e m e n t C o m m is s io n e r m a y d e c id e d isp u te s
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The Mining Act, 2010
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