The Mining (Mineral Rights (Amendment) Regulations 2022

This section gives the short title and says the Regulations are to be read together with the 2018 principal Regulations.

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Jurisdiction: Tanzania
Instrument: Regulation
Citation: The Mining (Mineral Rights (Amendment) Regulations 2022
Version: Undated source snapshot
Language: en
Official source: View official record ↗

Citation provenance: source:tz:oag-mis · schema StatuteEnrichmentPublicV1.

POS machines amendment application attachments application form building materials charges coordinates electronic transmission fees industrial materials land area licence compliance licence transfer registration licensed area description mineral production records mineral recordkeeping mineral rights mineral rights application mineral rights registration mining mining licence payment systems penalties registration +3 more

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Statute overview

About this statute

This section gives the short title and says the Regulations are to be read together with the 2018 principal Regulations. This amendment adds definitions for “Point of Sale Machine (POS Machine)” and “POS Application” in regulation 2. The principal Regulations are amended to add a new regulation immediately after regulation 5, titled “Rights of holder of mining licence”. Some mining licence holders must possess and use more than one POS machine within the licensed area. A licence holder must use POS machines, send mineral production or sale records electronically to the POS Commission machines, and not uninstall the POS application without the Commission’s prior consent.

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Provisions of The Mining (Mineral Rights (Amendment) Regulations 2022

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1
These Regulations may be cited as the Mining
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AI-assisted research summary: This section gives the short title and says the Regulations are to be read together with the 2018 principal Regulations.

1. These Regulations may be cited as the Mining (Mineral Rights) (Amendment) Regulations, 2022 and shall be read as one with the Mining (Mineral Rights) Regulations, 2018 hereinafter the “principal Regulations”. referred to as
Referenced legislation
- Mining (Mineral Rights) Regulations, 2018 (unresolved)
2
The principal Regulations are amended in
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AI-assisted research summary: This amendment adds definitions for “Point of Sale Machine (POS Machine)” and “POS Application” in regulation 2.

2. The principal Regulations are amended in regulation 2 by adding the following definition in the appropriate alphabetical order: “Point of Sale Machine (POS Machine)” means an electronic device used for capturing industrial and building materials minerals’ production records and sell transactions; “POS Application” means an electronic software installed to the POS Machine by the Commission.
3
The principal Regulations are amended by
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AI-assisted research summary: The principal Regulations are amended to add a new regulation immediately after regulation 5, titled “Rights of holder of mining licence”.

3. The principal Regulations are amended by adding the following new regulation immediately after regulation 5: “Rights of holder of mining licence
5A
Without prejudice to the rights
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AI-assisted research summary: Some mining licence holders must possess and use more than one POS machine within the licensed area.

5A. Without prejudice to the rights of the holder of Primary Mining Licence or Mining Licence for building or industrial minerals prescribed under the shall be Act, such Licence holders required to possess and use more than one POS Machine within the licenced area. 1 GN. NO.419 (Contd.) Mining (Mineral Rights (Amendment) Obligation of holder of mining licence
5B
(1) Without prejudice to the
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AI-assisted research summary: A licence holder must use POS machines, send mineral production or sale records electronically to the POS Commission machines, and not uninstall the POS application without the Commission’s prior consent.

5B.-(1) Without prejudice to the obligations of the Primary Mining licence or Mining Licence for industrial minerals or building material prescribed under the Act, the licence holder shall be required to meet the following conditions:- (a) to have a POS Machines to production capture mineral records sale transactions; or mineral (b) to ensure that all the mineral production records or mineral sale are transactions electronically transmitted to the POS Commission Machines; and through (c) uninstall the POS Application the without prior consent of Commission. (2) A primary mining licence or mining licence holder for industrial minerals or building materials who contravenes this regulation shall pay the penalty amounting to the highest production multiplied by a number of offline vouchers transacted. (3) A primary mining licence or mining licence holder for industrial minerals or building materials who contravenes this regulation for more than three times shall be in default under the Act. Amendment of regulation 18
Referenced legislation
- Act (unresolved)
- Act (unresolved)
4
The principal Regulation is amended in
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AI-assisted research summary: Applications to register a transfer or assignment of mineral rights must be made to the Commission using Form No. MRF 15.

4. The principal Regulation is amended in regulation 18 by- (a) designating regulation 18 as subregulation (1); (b) inserting in subregulation (1) the words- (i) (ii) “or transfer” immediately after the word “assign”; “or transferor” immediately after the word “assignor”; 2 GN. NO.419 (Contd.) Mining (Mineral Rights (Amendment) (c) adding the following new subregulation (2): “(2) Application for registration of transfer or assignment of mineral rights shall be made to the Commission in Form No. MRF 15 as specified in the Second Schedule to these Regulations.” Amendment of First Schedule
5
The principal Regulations are amended in the
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AI-assisted research summary: The First Schedule is amended by replacing two shilling amounts in paragraph 8.

5. The principal Regulations are amended in the First Schedule in paragraph 8 by deleting- (a) shillings 80,000/= and substituting for it shillings 90,000/= appearing in item (a); (b) shillings 160,000/= and substituting for it shillings 180,000/= appearing in item (b). Amendment of Second Schedule

Part

Schedule

6
The principal Regulations are amended in the
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AI-assisted research summary: This section amends the Second Schedule by replacing Form No. MRF 2 with Form No. MRF 3 and adding a new Form No. MRF 3.

6. The principal Regulations are amended in the Second Schedule by- (a) deleting Form No. MRF 2 and replace it with the contents of Form No. MRF 3; (b) adding the following new Form No. MRF 3: 3 GN. NO.419 (Contd.) Mining (Mineral Rights (Amendment) APPLICATION FOR RENEWAL OF MINERAL RIGHTS UNDER DIVISION “A” The applicant(s) hereby apply (applies) to the Commission for the renewal of the mineral right in accordance with the Mining Act, Cap. 123 FORM NO. MRF 3
Referenced legislation
- Mining Act, Cap. 123 (unresolved)
4
Name and address of company, or any other body corporate
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AI-assisted research summary: Section 4 concerns the name and address of a company or other body corporate.

4. Name and address of company, or any other body corporate
5
Type/No./date of grant of relevant mineral right
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AI-assisted research summary: This section concerns the type, number, and date of grant of a relevant mineral right.

5. Type/No./date of grant of relevant mineral right
7
Locality, size and coordinates of the licenced area as granted or last renewed
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AI-assisted research summary: The provision records the locality, size, and coordinates of the licensed area as granted or last renewed.

7. Locality, size and coordinates of the licenced area as granted or last renewed locality ……………………………………………… (a) (b) size…………………………………………………….Sq.km or hectares (c) coordinates………………………………………latitudes(S)……………. longitudes(E)……………
8
Size and coordinates of the area after relinquishment
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AI-assisted research summary: This section asks for the size of the area after relinquishment and its coordinates.

8. Size and coordinates of the area after relinquishment (a) Size……………………………………………….. Sq.km or hectares (b) Coordinates …………………………………….. latitudes (S) …………... longitudes(E)……………
9
Section 9
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AI-assisted research summary: This section refers to available technical resources.

9. Indicate available technical resources
10
Information to be attached
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AI-assisted research summary: An applicant must attach Employment Appendix No. 1, a training programme, and any other information required under the Mining Act.

10. Information to be attached (a) Employment Appendix No. 1 and training programme (b) Any other information required under the Mining Act. Date Signature of applicant NOTES FORM NO. MRF 3 (notes) The notes and section references in this form are provided for guidance purposes only. They do not form part of the application. All references to “Appendix No.” mean that the information concerned is to be set out in a numbered appendix to the application. 4 GN. NO.419 (Contd.) Mining (Mineral Rights (Amendment) (c) adding the following new Form No. MRF 15: APPLICATION FOR REGISTRATION OF ASSIGNMENT/TRANSFER OF MINERAL RIGHTS FORM NO. MRF 15 The Applicant(s) hereby apply assignment/transfer of licence(s) in accordance with Section 9 (6) of the Mining Act, Cap. 123.
Referenced legislation
- Mining Act, Cap. 123 (unresolved)
- Mining Act (review)
1
Name(s) of the Applicant(s)……………………………………………………
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AI-assisted research summary: This section is a form field for the applicant’s name(s).

1. Name(s) of the Applicant(s)…………………………………………………….
2
Type/No./date of grant of mineral right(s) to be transferred/assigned
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AI-assisted research summary: This section concerns the details to be provided for registration of a transfer or assignment of mineral rights, including the type, number, and date of the grant and information about the transferee or assignee.

2. Type/No./date of grant of mineral right(s) to be transferred/assigned the Licensing Authority (applies) to registration of ………………………………….............................................................................. Information of transferee/assignee
3
Section 3
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AI-assisted research summary: This is a form for applying to register a transfer or assignment of part of a valid licence.

3. (a) Name1…………………………………………………………………… (b) Nationality……………………………………………………………… (c) Postal address………………………………………………………………… (d) Tel/Mobile number………………………………………………………………… (e) E-mail address………………………………………………………………… I/we the undersigned (herein referred to as transferor/assigner) being the owner(s) of valid licence(s) No(s)…………………………………………. do hereby apply for registration of transfer/assignment of ………………………………………………. (in words) percentum (….... %) of the said licence(s) to M/S………………………………………… (herein referred to as transferee/assignee) of in ………………………………………………………………………………Tanzanian shillings/US dollar (………………..TZS/US$) paid to me by the transferee/assignee. consideration …………………………… Signature of Applicant …………………………… Date NOTES If company, or any other body corporate attach company memorandum and certificate of incorporation. Dodoma, DOTO M. BITEKO, 6th June , 2022 Minister for Minerals 5

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