THE TANZANIA MINING SECTOR – A REVIEW
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Geological environment
Economic reforms
New Mineral Policy, 1997
New Mining Act, 1998
New Land Act, 1999
Need to establish a modern Cadastre
System
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List of mining laws
Country
Mining Act
Country
Mining Act
Argentina
Bolivia
Botswana
Brazil
Burkina Faso
Chile
China
Columbia
Algerie
Cameroon
1997
1997
1999
1996
1997
1983
1986
1987
2001
2001
Ghana
1986
Guinea
1995
Indonesia
1967
Madagascar 1999
Mozambique 1986
Namibia
1992
Peru
1992
Philippines
1995
Mauritania
1999
Congo Kinshasa en prep.
Tanzania
1998
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Key principles of mining law reforms
• A modern, open mining cadastre and title registry
• ‘First come, first served’
• Grants on objective criteria
• Exclusive rights
• Security of the tenure
• Free transferability of mining titles
• Environmental protections
• Simple financial requirements
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A New Mining Act, 1998
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Security of tenure whereby, the
progression from one licence to another is
almost automatic
Streamlining of licensing procedures by
introducing a mineral titles registry.
Stability of the fiscal package by including
the basic rates, like royalty, in the main act.
Standardised environmental guidelines.
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Status as property
• Exclusivity of the mineral rights
• Secured right to progress from exploration
to mining
• Requirements and obligations to both the
holder and the government
• Compensation
• The right is transferable
• The right is mortgageable
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Land Policy
• All land is public land
• Existing rights and recognized long-standing
occupation is secured
• Equitable access to land by all citizen
• Regulate amount of land occupied by
person/corporate body
• Ensure that land is used productively
• Interest in land has a value
• Full, fair and prompt compensation
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Lands Act, 1999
• General Land subject to individual rights of
occupancy or leases, managed by a Land
Commissioner
• Reserve Land, demarcated, reserves,
public land, hazardous land
• Village land, demarcated and managed by
Village Councils (Village Land Act, 1999).
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Common issues
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Environmental issues
“Surface” overlapping
Right of Construction
Compensations
Fees and taxes
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Environment
• Mining is
environmental
destructive
• Environment
Regulation for Mining
• Environmental Impact
Reports
• Inter-Ministerial
Committees
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Overlap - Mining and Land rights
• Different objectives, different boundaries
• No common map, no unique coordinate
system
• General Land: no complete and up-to-date
information, private negotiations
• Reserve: reclassification or illegal mining
• Village: compensation issues
• MCIMS under preparation
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Reserves, General Land
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Plants and Building Construction
• Lawful occupier erect buildings in nonused area (prospecting)
• Miner erect buildings, plants, pipes,
drains above and below the ground
• Mining companies close the area for
security reasons.
• Authorization of other holder required
not “unreasonably delayed”
• lawful occupier
•Mineral rights holder
• no right in public land, with security
perimeter
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Compensation
• Land Act: to any person
with right of occupancy,
long-standing occupation,
customary use of land.
Unlawful if occupying,
building without any right.
• Land Act: based on
market value of real
property, disturbance
allowance, loss of profits
or accommodation, cost
of acquiring
• Mining Act: to lawful
occupier, actual
occupant, or responsible
if the land is rent, or
occupied with possible
damages
• Mining Act: evaluate
damage according to the
interest of the Lawful
occupier, not exceeding
amount payable if value
not enhanced by mining.
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Disputes
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Artisanal miners with villagers
Mining companies and artisanal miners
Mining companies with villagers
Mining companies with local authorities
Between Artisanal miners
Miners and administration
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Administration and miners
• Illegal mining, rush area (National
Parks)
• Not clearly located rights (rivers)
• Security or legality?
•Working with Miners Associations
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Artisanal miners and mining
companies
• Large scale mines surrounded by artisanal
miners (Mererani)
• No communication between Companies
and Miners Associations
• Balance support to artisanal miners and
attracting foreign investors
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Mining Companies and Local
Authorities
• Issues: Fees for Mining and Prospecting
Licenses to Ministry of Energy and
Minerals, no return to Local Governments.
• Companies pay taxes, develop road
access, supply water, provide long-.term
employment, develop railways and
shipping business
• Local authorities: planning objectives,
health and educational projects
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And the surveyor?
• Major issue: location at the surface and
definition of the rights.
• Preparing applications, solving disputes
• Underground measurements difficult,
unsafe.
• Mineral rights, villages, reserves to
demarcate with a unique coordinate
system.
• Mapping activity to develop.
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Thank you.
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