The Mining Act

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Mining Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

compliance document access document delivery document production employment records financial reporting information disclosure licence compliance licence expiry licensing mineral information requests record keeping record retention recordkeeping records regulatory attendance regulatory notices reporting

Statute overview

About this statute

A prospecting licence holder must keep full and accurate records of prospecting operations and submit copies to the Commission each calendar quarter; the Commission may modify these requirements on application. A special mining licence holder must keep specified records, submit quarterly reports, and file an annual financial report with the Commission. Holders of a mining licence or primary mining licence must keep the records referred to in section 100(2) and send the specified reports to the licensing authority within the first month of each calendar quarter. If a mineral right ends or certain mining licences expire, the former holder must give the licensing authority the required records, maps, and any other documents it asks for in writing. When a mining, gemstone mining, or primary mining licence expires, the former Mineral Right holder must give the licensing authority the required records, plans, and maps.

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Provisions of The Mining Act

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1
Short title
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A prospecting licence holder must keep full and accurate records of prospecting operations and submit copies to the Commission each calendar quarter; the Commission may modify these requirements on application.

1.-(1) Subject to subparagraph (2), the holder of a prospecting (a) keep at the address referred to subsection (2), of section 100, full and accurate records of his prospecting operations which indicate: (i) boreholes drilled; (ii) aerial photographs; (iii) strata penetrated with detailed logs of the strata; (iv) minerals discovered; (v) the results of any seismic survey or geochemical or geophysical analysis; (vi) the results of any analysis or identification of minerals; (vii) the geological interpretations of the records maintained under items (i) to (vi) inclusive; the number of persons employed; in connection with (viii) (ix) other work done prospecting licence; (x) costs incurred; and (xi) such other matters as may be prescribed. (b) submit within the first month of every calendar quarter to the Commission copies of records of his prospecting operations together with any records prepared as a result of those records. the (2) The Commission may, on the application of the holder of a prospecting licence, modify any of the requirements of subparagraph (1).
2
Application
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A special mining licence holder must keep specified records, submit quarterly reports, and file an annual financial report with the Commission.

2. The holder of a special mining licence shall- (a) keep at the address referred to in subsection (2) of section 100 – (i) complete and accurate technical records of his operations in the mining area, including the implementation of his environmental management plan, in such form as the Commission may approve; (ii) copies of all maps, geological reports, including aerial mineral analyses, interpretations, 125 The Mining Act [CAP. 123 R.E. 2019] photographs, ore logs, analyses and tests and all other data obtained and compiled by the holder in respect of the mining area; records as records of (iii) accurate and systematic financial records of his operations in the mining area and such other books the financial of account and Commission may the require; production of minerals from the mining area; records of the number of persons employed by the holder in the mining area and the capacity in which they are employed and of the employment and training of citizens of Tanzania; (b) submit within the first month of every calendar quarter to records and other the information concerning the conduct of operations; Commission such reports, (c) furnish the Commission with a copy of every annual financial report within three months of the end of each financial year showing the profit and loss for the year and the state of the financial affairs of the holder at the end of each financial year.
3
Disapplication to petroleum
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Holders of a mining licence or primary mining licence must keep the records referred to in section 100(2) and send the specified reports to the licensing authority within the first month of each calendar quarter.

3. The holder of a mining licence or a primary mining licence shall keep the address referred to in section 100(2) such of the records, and shall furnish to the licensing authority, within the first month of every calendar quarter such of the reports specified in paragraph 2 of this Schedule.

Part

Schedule.

4
Interpretation
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If a mineral right ends or certain mining licences expire, the former holder must give the licensing authority the required records, maps, and any other documents it asks for in writing.

4. Where- (a) a mineral right terminates in accordance with provisions of this Act; or (b) the term of a prospecting licence or a special mining licence expires, the person who was the holder of the Mineral Right immediately before the termination or expiration shall deliver to the licensing authority concerned_ (i) all records which the former holder maintained in accordance with this Act with respect to the Mineral Right; (ii) all plans or maps of the area of land that was subject to the Mineral Right and which were prepared by or on the instructions of the former holder; (c) such other documents as the licensing authority concerned may, by notice in writing given to the former holder, require him to so deliver. 126 The Mining Act [CAP. 123 R.E. 2019]
5
Ownership of minerals and Government lien
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When a mining, gemstone mining, or primary mining licence expires, the former Mineral Right holder must give the licensing authority the required records, plans, and maps.

5. Where the term of a mining licence, gemstone mining licence or primary mining licence expires, the person who was the holder of the Mineral Right immediately before the expiration shall deliver to the licensing authority concerned, all records that he was required to keep under this Schedule and all plans or maps of the prospecting operations or mining operations on the area.
6
Authority required for prospecting or mining
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If the Commission has reason to believe a person can provide relevant minerals information or documents, it may serve a written notice requiring that person to provide information, attend and answer questions, or produce books or documents.

6. Where the Commission has reason to believe that a person is capable of giving information or producing or making available books or documents relating to minerals obtained or the value of minerals obtained, he may, by notice in writing served on that person, require that person- (a) to furnish to him in writing, within the period and in the manner specified in the notice, any such information; (b) to attend before him or a person specified in the notice at such time and place as is so specified and there to answer questions relating to minerals obtained, or the value of minerals obtained; or (c) to make available to a person specified in the notice at such time and place as is so specified books or documents in his custody or power relating to minerals obtained or the value of minerals obtained.
7
Mineral rights and exclusivity
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A person must still provide required information, answers, books, or documents under this Part even if doing so may incriminate them or expose them to a penalty.

7. A person is not excused from furnishing information, answering a question or making available books or documents when required to do so under this Part of this Schedule on the ground that the information so furnished, the answer to the question, or the production of; or making available, any books or documents might tend to incriminate him or make him liable to a penalty, but the information so furnished shall not be admissible in evidence against him in any proceedings other than proceedings for a contravention of paragraph 9.
8
Restriction on grant of mineral rights
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A person who is given access to books or documents may copy them or take extracts from them.

8. Where books or documents are made available in accordance with paragraph 6, the person to whom they are made available may make copies of, or take extracts from, the books or documents.
9
Mineral rights transferable
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A person must not ignore a required compliance request or give false or misleading information, statements, books, or documents under that request.

9.-(1) A person shall not- (a) refuse or fail to comply with a requirement under paragraph 6 to the extent that he is capable of complying with it; (b) in purported compliance with such a requirement, knowingly furnish information that is false or misleading in a material particular; (c) when attending the Commission or any other person in accordance with such a requirement, knowingly make a statement or produce a book or document that is false or misleading in a material particular; or 127 The Mining Act [CAP. 123 R.E. 2019] (d) when making available books or documents in accordance with such a requirement, knowingly make available a book or document that is false or misleading in a material particular. (2) Any person who contravenes subparagraph (1) of paragraph 9 Commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a period not exceeding six months or to both. ______________________________ 128

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The Mining Act

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