The Mining (Mineral Rights) Regulations, 2018

Mining (Mineral Rights)
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1
ISSN 0856 – 0100IX
THE UNITED REPUBLIC OF TANZANIA
SPECIAL SUPPLEMENT
No. 1 10th January, 2018
to the Gazette of the United Republic of Tanzania No. 1 Vol. 99 dated 10th January, 2018
Printed by the Government Printer, Dar es Salaam by Order of Government
GOVERNMENT NOTICE No. 1 published on 10/01/2018
THE MINING (MINERAL RIGHTS) REGULATIONS, 2018
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY PROVISIONS
Regulations Title
1. Citation.
2. Interpretation.
PART II
MINERAL RIGHTS
3. Application of mineral rights.
4. Renewal of mineral rights.
5. Primary mining licence
6. Shapes of mining area.
7. Size of mining areas.
8. Demarcation and pegging.
9. Minimum expenditure.
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10. Holder of a prospecting licence to keep accounts.
11. Fees and rents.
12. Suspension.
13. Amalgamation.
14. Conversion of primary mining licence to other licence.
15. Surrender of primary mining licence.
16. Information and reports.
17. Reserved areas.
18. Assignment of mineral right.
19. Overlapping applications.
PART III
TRANSITIONAL PROVISONS
20 Pending applications.
21. Cancellation of retention licences.
22. Revocation.
___________
SCHEDULES
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THE MINING ACT,
(CAP 123)
___________
REGULATIONS
__________
(Made under Section 112)
THE MINING (MINERAL RIGHTS) REGULATIONS, 2018
PART I
PRELIMINARY PROVISIONS
Citation
1. These Regulations may be cited as the Mining (Mineral Rights) Regulations, 2018.
Interpretation
2. In these Regulations, unless the context otherwise requires“
Act” means the Mining Act;
Cap. 123
“Commission” means the Mining Commission established by the Act;
“superficial deposits" means mineral deposits occurring at shallow depth not exceeding fifty meters and extending laterally over a wide area;
“mid market rate of exchange” means the equivalent value of the foreign currency other than the US Dollar of the expenditure that was increased on specified date as prospecting expenditure.
PART II
MINERAL RIGHTS
Application for mineral rights
3.-(1) An application for a mineral rights under Division A shall be made to the Commission by filling in
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Form No. MRF. 1,specified in the Second Schedule to these Regulations and submitted to the Commission in duplicate.
(2) An application for a mineral rights under Division B shall be made to the Commission by filling in Form No. MRF. 2 specified in the Second Schedule to these Regulations and be accompanied by a sketch plan of a mining area applied for, showing geographical coordinates in Arc 1960 datum and dimensions in hectares and submitted to the Commission in duplicate.
(3) On receipt of application, the Commission shall record the date and time of receipt.
Renewal of mineral rights
4.-(1) An application for renewal of mineral rights under Division A shall be made to the Commission by filling in Form No. MRF.3and application for renewal of mineral rights under Division B shall be made in Form No. MRF. 4 respectively specified in the Second Schedule to these Regulations and submitted to the Commission in duplicate.
(2) An Application for renewal of a mineral right shall be accompanied by a plan of the mining area under application drawn on a topographic map to a scale of 1:50,000 showing geographical coordinates in Arc 1960 datum and dimensions of the applied mining area.
Primary Mining licence
5.-(1) Application for primary mining licence shall be made to the Commission by filling Form No. MRF.5 and primary mining licence shall be issued or granted in Form No MRF.6 respectively specified in the Second Schedule to these Regulations.
(2) Any person wishing to renew a primary mining licence shall submit in duplicate an application to the licencing authority by filling in Form No. MRF. 7 specified in the Second Schedule to these Regulations.
Shapes of mining area
6.-(1) Subject to these Regulations, the shape of a mining area that is the subject of a mineral rights may be-
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(a) a square; or
(b) rectangular, the length of which shall not exceed five times its width and bounded by lines running North-South or East-West.
(2) The mining area may be of regular shape and or orientation, as the Commission may determine in particular case after being satisfied that it is not practicable to comply with subparagraph
(a) or (b) of sub-regulation (1).
Size of mining area
7. For the purpose of these Regulations, the size of each mining area that would be the subject of a mineral rights shall be for-
(a) a prospecting licence for metallic minerals, energy minerals,industrial minerals and kimberlitic diamond, the maximum areas during the initial prospecting period shall be 300 sq. km (30.000 hectares);
(b) a prospecting licence for building materials and gemstones excluding kimberlitic diamond, the maximum area shall be 5 sq. km (500 hectares);
(c) a special mining licence for mineral deposits other than superficial deposits the maximum area shall be 35 sq. km (3,500 hectares);
(d) a special mining licence for superficial deposits, the maximum area shall be 70 sq. km (7.000 hectares);
(e) a mining licence for metallic minerals, energy minerals, industrial minerals and kimberlitic diamond, the maximum area shall be 10 sq. km ( 1,000 hectares);
(f) a mining licence for building materials or gemstone excluding kimberlitic diamond the maximum area shall be 1 sq. km (100 hectares):
(g) a primary mining licence for all minerals other than building materials, the maximum size shall be 10 hectares; and
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(h) a primary mining licence for building materials the maximum size shall be 5 hectares.
Demarcation and pegging
8.-( I) Every area of land which is subject to a mineral rights under Division A, B or C shall be pegged and demarcated as follows(
a) by erecting a post that shall be securely placed in the ground at each corner of the relevant area;
(b) each post shall-
(i) project not less than two metres (2m) from the ground;
(ii) be conspicuous with clear marks or writings that state the owner, type or mineral right with the licence number;
(iii) state the dimensions and area covered under the licence;
(c) at each corner of the licence area, two trenches shall be excavated to show the direction of the boundary of the licence area which shall not be less than 1 metre in length and 50 centimetres in depth along the boundary lines forming each corner of the licence area; and
(d) the holder of a mineral right must maintain in all posts boundary indicators and markers such as trenches and notices on the licence area in the positions required by these Regulations during all time the licence is held.
(2) Notwithstanding sub-regulation (1), where it is not possible to satisfy requirements of sub-regulation (1), the holder of a mineral rights may,with approval of the Commission,erect any other permanent marks.
(3) Any person who contravenes any provision of this Regulation commits an offence and shall on conviction be liable to a fine not exceeding twenty million
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shillings.
Minimum expenditure
9.-(1) The amount per square kilometre or per hectare which the holder of a prospecting licence shall expend annually on prospecting operations in the licence area shall not be less than an amount equal to the amount prescribed under sub-regulations (2) and (3).
(2) The amount for the purpose of' sub-regulation (1) shall, where the prospecting licence is for all minerals other than gemstones, industrial minerals or building materials be-
(a) in the case of the initial prospecting period, an amount per square kilometre of five hundred US Dollars (US$ 500);
(b) in the case of the first renewal period, an amount per square kilometre of two thousand US Dollars (US$ 2000); and
(c) in the case of the second renewal period, amount per square kilometer of six thousand US Dollars (US$ 6000).
(3) The prescribed amounts for the purpose of sub-regulation (1) shall, in the case of a prospecting licence for industrial minerals building materials, be one hundred US Dollars (US$ 100) per square kilometre.
(4) The prescribe amount for the purpose of sub-regulation (1) shall, in the case of a prospecting licence tor gemstones, be two hundred and fifty US Dollars (US$ 250) per square kilometre.
Holder of a prospecting licence to keep accounts
10.-(1) A holder of a prospecting licence shall keep full and proper accounts in of all expenditure incurred in the prospecting licence area in respect of prospecting operations supported by receipts, vouchers and such other documentary evidence of expenditure as the Commission may require.
(2) Where, expenditure on prospecting operations has been incurred in Tanzania shillings or in
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any foreign currency other than US Dollars the amount of such expenditure shall be entered into books of account kept by the licensee pursuant to subregulation
(1) in US Dollars at the mid market rate of exchange between the currency in which the expenditure was incurred and US Dollars, as published by the Bank of Tanzania and applicable on the day on which the expenditure was incurred.
Fees and rents
11.-(1) All fees related to applicationsfor grant, renewal, transfer, suspension, surrender, search or conversion of mineral rights and annual rents payable shall be as specified in the First Schedule to these Regulations.
(2) Where the Schedule specifies the amount of fees in US Dollars and the applicant wishes to pay in Tanzanian shillings, for the purpose of ascertaining the amount payable, there shall be applied the mid-market rate of exchange between Tanzanian shillings and US Dollars as published by the Bank of Tanzania and applicable on the day on which the application was made.
Suspension
12.-(1) The holder of a primary mining licence ora person duly authorized by the holder may apply to the Commission in whose area the primary mining licence is situated for the suspension or partial suspension of operations.
(2) The Commission may allow or reject the application.
(3) An application shall be made in duplicate in Form No. MRF. 8 prescribed in the Second Schedule to these Regulations and a certificate of suspension shall be issued in the Form of MRF. 9 specified in the Second Schedule to these Regulations.
(4) The Commission may grant a renewal of acertificate ofsuspension forsuch periodas may beendorsed by him on the certificate.
(5)The holder of a primary mining licence shall
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a
keep a certificate of suspension posted conspicuously at the licence area during the period of suspension.
Amalgamation
13.-(1) Where a person who holds in respect of contiguous areas two or more primary mining licences and wishes in respect of each of those licences to apply pursuant to section 58 of the Act for conversion of the licences into a single mining licence the holder may before making application for conversion apply to the, Commission to amalgamate the primary mining licences into a single mining area.
(2) An application to amalgamate primary mining licences shall be made in duplicate to the Commission in Form No. MRF.10 specified under the Second Schedule to these Regulations and the Commission ifsatisfied that the application isin order, issue a certificate of amalgarnation in a Form M RF.11 specified under the Second Schedule to these Regulations.
(3) A certificate of amalgamation may be issued by the Commissionpursuant to this Regulation notwithstanding the fact that following amalgamation, a single mining area exceeds the maximum area for a primary mining licence prescribed under paragraphs (g) and (h) of Regulation 5.
Conversion of primary mining licences
14.-(1) An application pursuant to section 58 of the Act for conversion of a primary mining licence to a mining licence shall be submitted in duplicate to the Commission.
(2) An applicant for conversion, whose application is granted, shall surrender to the Commission a primary mining licence.
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Surrender of primary mining licence
15.-(1) Subject to these Regulations, the holder of a primary mining licence who wishes to surrender a primary mining licence shall apply to the Commission responsible for the mining area by giving a three months notice.
(2) An applicant shall fill in Form No. MRF. 12 specified in the Second Schedule in duplicate and pay all arrears in respect of annual rents and royalty as conditions for surrendering a primary mining license.
(3) Where the Commission if satisfied that conditions of these Regulations have been complied with, it shall give consent to the surrender.
Information and reports
16.-(1) The holder of a primary mining licence shall, on or before the end of one month of a calendar year submit to the Commission written report setting forth-
(a) the name of the holder;
(b) the date and the lincence number;
(c) the nature of the operations being conducted on the area during the preceding months;
(d) the average number of persons employed on the area in mining or prospecting operation during the preceding months;
(e) the amount paid in wages to persons actually engaged in mining or prospecting operations on the licence area or in supervision of such operation during the preceding months,
(f) the nature and value of any machinery or plant brought in or removed from the area from the date of the previous report;
(g) the kind and quality of minerals obtained during the preceding months and the manner by which they have been disposed of;
(h) particulars of any death or accident which have occurred at the licence area employees during the preceding months, and
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(i) any further information or particulars that the licencing authority may require.
Reserved areas
17.-(1) Where pursuant to section 16of the Act, the Minister has designated an area as an area reserved exclusively for prospecting and mining operations by persons holding primary mining licences, the designated area shall be divided by the Commission into numbered blocks which, so far as the boundaries of the area permit, be rectangular or square in shape.
(2) A map of the area so divided shall be published in the Gazette by the Commission for public information and a copy shall be exhibited in the officer of the Commission who is responsible for the designated area.
(3) The Commission shall appoint, for the designated area, an Allocation Committee composed of:
(a) the District Commissioner for the district who shall be the Chairman:
(b) the Resident Mines officer who shall be the Secretary;
(c) a member of Parliament of the respective area;
(d) the Chairman of the local government authority of the relevant town district, municipal or city;
(e) the Executive Director of the relevant town district, municipal or city; and
(f) two persons appointed after consultation with the Regional Administrative Secretary.
(4) An eligible person who wishes to apply for a primary mining licence in a designated area shall submit application in duplicate in the form issued by the Allocation Committee together with the prescribed fee specified under the First Schedule to these Regulation.
(5) The Allocation Committee shall be responsible for allocating primary mining licences in respect of the designated area to eligible applicants.
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(6) In making allocations, the Allocation Committee shall have regard to the orderly development of the mining industry in Tanzania and take account of-
(a) the technical competence of applicants;
(b) the relevant experience of applicants in conducting mining operations;
(c) the financial resources of applicants;
(d) the acceptance by the applicant to obtain a written consent of the lawful occupier in the designated area; and
(e) the need to ensure that people living in the vicinity of the designated area secure a reasonable share of the mineral resources discovered in the designated area
(7) For the purpose of this Regulation, the term an eligible person means a person who is not disqualified from holding a primary mining licence under section 8(2) of the Act.
Assignment of mineral rights
18. Where pursuant to section 9 of the Act, the holder of a mineral right wishes to assign that mineral rights to another person the assignor shall until the provisions of the transaction has been completed in accordance with the Act continue to be liable for compliance with the provisions of the Act and of these Regulations including a requirement for payment of fees and rents.
Overlapping applications
19.-(1) Where two or more applications are received by authorized officer in respect of areas which are partially or wholly overlapping on the same day during the hours of business such applications shall be deemed to have been received simultaneously so that the priority between them over the overlapping area shall be determined by inviting successful applicants to submit to the Commission by such date bids which state the bidding premium and schedule of payment in a period not exceeding six months.
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(2) Subject to sub-regulation (1), at the time of opening the bids, all bidders shall be invited to witness and the successful applicant with the highest bid shall be deemed to have priority over the other bidder.
(3) Where there are more than one highest bids, the Commission shall determine the priority by determining the best payment schedule submitted by the applicants.
(4) Where there are two or more applications for licences over the same areas which are partially or wholly overlapping, the priority will be determined by the date and time of receipt of applications.
PART III
TRANSITIONAL PROVISIONS
Pending applications
Cap. 123
20.-(1) All pending applications shall be deemed as applications made under the Mining Act.
(2) The primary mining licence shall be granted by Commission for the duration of seven years.
(3) Applicants for prospecting licence shall be required to state the type of mineral applied for as categorized under section 28 of the Mining Act.
(4) Application for prospecting licence with Preliminary reconnaissance period shall be deemed to be an application for prospecting licence under section 28 of the Mining Act.
(5) Application for gemstone mining licence shall be deemed to be application made under section 49 of the Mining Act.
(6) Application for special mining licence shall be deemed to be application made under section 41 of the Mining Act.
(7) Applicant holding twenty or more valid prospecting licences shall in respect of pending application be treated in accordance with section 8(6) of the Mining Act.
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(8) There shall for avoidance of doubt, be no additional fees payable in respect of applications and preparations of pending mineral right applications.
Cancellation of retention licence
21.-(1) All retention licences issued prior to the date of publication of these Regulations are hereby cancelled and shall cease to have legal effect.
(2) Consequent upon cancellation of retention licence under sub-regulations (1), rights over all areas which were subject of retention licences are hereby and without further assurance reverted to the Government.
Revocation of GN No 405 of 2010
22.The Mining (Mineral Rights) Regulations, 2010 are hereby revoked.
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___________
FIRST SCHEDULE
_________
(Made under Regulation 10(1))
____________
FEES AND RENTS
1.
Application fees
US$
Tshs
(a)
Prospecting licence for metallic minerals, energy minerals and kimberlitic diamond
100
(b)
Prospecting licence for building materials and gemstones excluding kimberlitic diamond
100
(c)
Prospecting licence for industrial minerals
50
(d)
Special licence
2000
(e)
Mining licence
1000
(f)
Mining licence for building material
500
(g)
Primary mining licence
20000
(h)
Transfer of primary mining licence
100
(i)
Transfer of shares in a primary mining licence
100
(j)
Search in register for every one hour or part thereof
50
(k)
Registration of any document with of the Commission
200
(l)
Approval of any document by the Minister
200
2.
Application fees for renewal
(a)
Prospecting licence for metallic, minerals, energy minerals and kimberlitic diamond
100
(c)
Special licence
1000
(d)
Mining licence
500
(e)
Mininglicence for building materials
500
(f)
Primarily mining licence
20000
3.
Application for a certificate of suspension
(a)
Work in the mineral rights under Division C
10000
(b)
Work in mineral right other than mineral rights under Division C
100
4.
Application for a certificate of amalgamation
(a)
Primary mining licence
50000
5.
Application for a certificate of amalgamation
(a)
Part or whole of the primary mining licence area
20000
(b)
Part or whole of the area of a mineral right other than a primary mining licence
200
6.
Preparation fees
(a)
Prospecting licence for all minerals
200
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(b)
Mining licence for all mineral
500
(c)
Special mining licence
1000
(e)
Primary mining licence
20000
7.
Annual rents payable for all mineral rights other than mineral rights under Division D
US$ sq. km
(a)
Prospecting licence for metallic minerals, energy minerals and kimberlitic diamonds for initial period
40
(b)
Prospecting licence for building material
40
(c)
Prospecting licence for gemstones excluding kimberlitic diamond
40
(d)
Annual rent for first renewal of a prospecting licence
50
(e)
Annual rent for second renewal of a prospecting licence
60
(g)
Special mining licence
2000
(h)
Mining licence for metallic minerals, energy mineral, gemstones and kimberlitic diamonds
1000
(i)
Mining licence for building materials and industrial minerals
500
8.
Annual rents for minerals under Division D
Tshs./ hect
(a)
Primary mining licence for all minerals other than gold, kimberlitic diamonds and gemstones subject to a minimum of 20,000/= for each licensed area having less than 2 hectares.
10,000
(b)
Primary mining licence for gold, kimberlitic diamonds or gemstones, subject to a minimum of 40,000/= for each licensed area having less than 2 hectares
Tsh.hect.
20,000
____________
SECOND SCHEDULE
_____________
(Made under Regulation 3)
________________
APPLICATION FORMS AND CERTIFICATES
FORM NO.
TYPE OF FORM
MRF.1
Application for mineral rights under Division A
MRF.2
Application for renewal of mineral rights under Division B
MRF.3
Application for special mining licence or mining licence under Division A
MRF.4
Application for renewal of special mining licence or mining licence under Division B
MRF.5
Application for a primary mining licence
MRF.6
Primary mining licence
MRF.7
Application for renewal of primary mining licence
MRF.8
Application for suspension of mining operations
MRF.9
Certificate of suspension of mining operations
MRF.10
Application for amalgamation of primary mining licences
MRF.11
Certificate of amalgamation of primary mining licences
MRF.12
Surrender of a primary mining licence
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FORM NO. MRF 1
THE MINING ACT, CAP.123
APPLICATION FOR MINERALRIGHTS UNDER DIVISION “A”
Applicant(s) hereby apply to the Commission in accordance with the Mining Act, Cap 123
1. Name(s) of applicant(s) …………………………………………………………………
2. Nationality ………………………………………………………………………………
3. Postal Address: Telephone and E-mail……………………………………………………
4. Name and address of company, or any other body corporate……………………………
5. (a) Type of Mineral Right
(b) Duration
6. Mineral Category/Designated Minerals
7. Location, Size and Coordinates (attach plan)
(a) Locality
(b) Size Sq. Km or hectares
(c) Coordinates Latitude(S) Longitudes (F)
8. Indicate available financial and technical resources
9. Number (s) and type of Mineral Rights(s) previously held
10. Information to be attached
(a) Memorandum. Article of Association and Certificate of Incorporation
Appendix No.1
(b) Employment and Training programme where applicable Appendix No.2
(c) Any other information required under the Mining Act, 123
I certify the above information to be true to the best of my knowledge
Date Signature of applicant
NOTES
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1. The Notes and Section References in this Form are provided for guidance only they do note form part of the Application
2. The applicant is limited to a period not exceeding 4 years in respect of the initial prospecting period except in the case of an application for a prospecting licence for gemstones other than kimberlitic diamonds and a prospecting licence for building materials where under section 32(6) the period may not exceed 1 year and is not subject to renewal.
3. The categories are:
(a) Metallic minerals;
(b) Energy minerals
(c) Gemstones excluding kimberlitic diamond;
(d) Kimberlitic diamond;
(e) Industrial minerals
(f) Building materials.
4. Delete if not applicable.
5. May not exceed the maximum area prescribed by the Mining (Mineral Rights) Regulations 2017.
6. Plan should indicate the area being applied for.
7. The Financial statement should exhibit the Applicant’s latest audited and unaudited accounts and should include duties of available cash resources and borrowing facilities. The Technical Statement should include details of the exploration and production expertise and facilities available to the Applicant internally and of its exploration history in Tanzania and elsewhere.
8. All reference to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application.
FORM NO. MRF.2
THE MINING ACT, CAP.123
APPLICATION FOR MINERAL RIGHTS UNDER DIVISION “B”
Applicant(s) hereby apply to the Commissioner in accordance to the Mining Act, Cap.123.
1. Name(s) of applicant(s)……………………………………………………………………..
2. Nationality…………………………………………………………………………………..
3. Postal Address, Telephone and E-mail……………………………………………………
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4. Name and address of company, or any other body corporate………………………………
5. (a) Type of Mineral Rights
(b) Duration2
6. Mineral Category3/Designated Mineral4
7. Locality, Size5 and Coordinates (attach plan)6
(a) Locality Sq.Km or hectars
(b) Coordinates Latitudes(S) Longitudes (E)
9. Indicate available technical resources
10. Information to be attached
(a) Employment and Training programme
(b) Any other information required under the Mining Act, Cap.123 Appendix No.1
I certify the above information to be true to the best of my knowledge
Date…………………... Signature of applicant
NOTES
1. The Notes and Section References in this Form are provided for guidance only. They do not form part of the Application.
2. All references to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application.
FORM NO. MRF.3
THE MINING ACT, CAP.123
APPLICATION FOR SPECIAL MINING LICENCE OR MINING LICENCE UNDER DIVISION “A”
Applicant(s) hereby apply to the Commission in accordance with the Mining Act,Cap.123
1. Name(s) of applicant(s)……………………………………………………………………..
2. Nationality…………………………………………………………………………………..
3. Postal address, telephone and email………………………………………………………..
4. Name and address of company, or any other body corporate……………………………..
………………………………………………………………………………………………
5. (a) Type of Mineral Right
(b) Durtion2
6. Mineral category3/Designated Minerals4
7. Locality, Size and Coordinates (attach plan)3
(a) Locality
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(b) Size
(c) Coordinates Sq. km or hectares
Latitudes(S) Longitudes (E)
8. Indicate available financial and technical resources4
9. Number(s) and type of Mineral Right(s) previously held
10. Information to be attached
(a) Memorandum Article of Association and Certificate of Appendix No.1
Incorporation where applicable
(b) Employment and Training programme Appendix No. 2
(c) Mineral Deposit Data (including gemstones) Appendix No. 3
(d) Programme for Mining Operations Appendix No.4
(e) Environmental Certificate Appendix No.5
(f) Expected infrastructure requirements Appendix No.6
(g) Statement of integrity pledge Appendix No.7
I certify the above information to be true to the best of my knowledge.
Date ……………………….
Signature of applicant
NOTES
1. The Notes and Section Reference in this Form are provided for guidance only. They do not form part of the Application
2. Maximum of 10 years for Mining licence and estimated life of ore body or such period as the applicant may request whichever period is shorter for special mining licence
3. The plan referred should indicate the area applied for.
4. Here insert Financial Statement and Technical Statement. The Financial Statement should exhibit the Applicant’s latest audited and unaudited accounts and should include details of available cash resources and borrowing facilities. The Technical Statement should include details of the exploration and production expertise and facilities available to the Applicant and of its exploration and production history in Tanzania and elsewhere.
5. All references to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application.
6. Environment Certificate provided under Environment Management Act, Cap.191
7. A development Agreement may add to the particulars to be provided in a Mining licence Applicatio
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THE MINING ACT, CAP.123
FORM NO. MRF 4
APPLICATION FOR RENEWAL OF SPECIAL MINING LICENCE OR MINING LICENCE UNDER DIVISION “B”
Applicant(s) hereby apply to the Commissionfor Renewal in accordance with the Mining Act,Cap.123
1. Name(s) of applicant………………………………………………………………………..
2. Nationality…………………………………………………………………………………..
3. Postal Address, Telephone and E-mail……………………………………………………..
4. Name and address of a company and other body corporate………………………………
………………………………………………………………………………………………
5. Number and date of grant of relevant Mineral right
6. Duration for which renewal is sought
7. Type of Mineral(s)
8. Locality, Size and Coordinates (attach plan)3
(a) Locality
(b) Size Sq. km or hectare
(c) Coordinates
9. Indicate available financial and technical resources
10. Information to be attached4
Employment and Training programme Appendix No.1
Mineral Deposit Data (including gemstones) Appendix No.2
Programme for Mining Operations Appendix No.3
Changes of Infrastructure Requirements Appendix No.4
Further information (if any) Appendix No.5
Any additional capital Appendix No.6
Any additional capital investment Appendix No.7
Statement of integrity pledge Appendix No.8
I certify the above information to be true to the best of my knowledge
Date Signature of applicant
NOTES
1. The Notes and Section References in this Form are provided for guidance only. They do not form part of the Application.
2. Estimated life of ore boy or such period as the applicant may request whichever period is shorter for Special Mining licence and 10 years for Mining licence period is shorter for Special Mining Licence.
3. This plan should also show the area if any If renewal is sought for only part of the mining area the Pan should also show the reduced area.
4. All reference to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application.
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FORM NO. MRF 5
THE MINING ACT, CAP.123
APPLICATION FOR PRIMARY LICENCE
Applicant(s) hereby apply to the Commission for a primary mining licence in accordance with the Mining Act, Cap.123
1. Name, Nationality3 and address of the applicant(s)
2. (a) Corporate Applicant: Name and Address
(b) Names and Nationality3 of Share Holders
(e) Name and Nationality3 of Directors
3. Type of Mineral(s)
4. Region/District and locality of the primary mining licence.
I hereby declare the above to be true to the best of my knowledge this………………. day of……
Date……………………….. Signature of applicant
Signature of the Authorised Officer
NOTES
1. The notes and section references in this Form are provided for guidance only. They do not form part of the Application.
2. Under Section 55(2) a primary mining licence is granted for a period of seven years subject to renewal under section 56
3. Under Section 8(2) a primary mining licence cannot be granted to an individual who is not a citizen of Tanzania or to a company unless it is incorporated under the Companies Act, Cap. 212 and
(a) its members are all citizens of Tanzania
(b) its directors are all citizens of Tanzania
(c) control over the company, both direct and indirect is exercised from within Tanzania by persons all of whom are citizens of Tanzania.
Mining (Mineral Rights)
GN. No. 1 (contd.)
23
FORM NO. MRF 6
THE MINING ACT, 2010
PRIMARY MINING LICENCE
The exclusive right, subject to the provisions of the Mining Act, Cap.123 and of the regulations now in force or which may come into force during the continuance of this primary mining licence or any renewal thereof is hereby issued to M/S ....................(Name of principal owner) of P.O Box ………….. (address)in partnership with ………………….(name of the partner(s)) (hereinafter called the “licensee”), to prospect and mine for ................. (minerals), at ..................(Locality), in ....................... (name of district)District, QDS ………………. (QDS number)over an area described in the Annex.
This Licence, unless sooner cancelled, suspended or surrendered pursuant to the provisions of the Mining Act, Cap.123 shall be valid for a period of……………………. effective from the date of issue.
Date………………………………………
…………………………………………..
EXECUTIVE SECRETARY
Mining (Mineral Rights)
GN. No. 1 (contd.)
24
FORM NO. MRF 7
THE MINING ACT, CAP.123
APPLICATION FOR RENEWAL OF PRIMARY MINING LICENCE
Applicant(s) hereby apply to the Commission for a primary mining licence in accordance with the Mining Act, Cap.123
1. Name, Nationality and address of the applicant(s)
2. (a) Corporate Applicant: Name and Address
(b) Names and Nationality of Share Holders
(c) Names and Nationality of Directors
3. Type of Mineral(s) ………….. Primarylicence No …………………………
4. Region/District and locality (attach plan) of the Primary mining licence…………………
I hereby declare the above to be true to the best of my knowledge this………. day of………..…
Date ……………… Signature of applicant
NOTES
1. The Notes and Section Reference in this Form are provided for guidance only. They do not form part of the Application.
2. Under Section 56(1) the holder of primary mining licence may apply for renewal 3 months before expiry of a primary mining licence.
3. Under Section 8(2) a primary mining licence cannot be granted to an individual who is not a citizen of Tanzania or to a company unless it is incorporated under the Companies Act. Cap 212 and
(a) its members are all citizens of Tanzania
(b) its directors are all citizens of Tanzania;
(c) control over the company, both direct and indirect, is exercised from within Tanzania by persons all of whom are all citizens of Tanzania.
Mining (Mineral Rights)
GN. No. 1 (contd.)
25
FORM NO. MRF 8
THE MINING ACT, 2010
APPLICATION FOR SUSPENSION OPERATONS
We the undersigned, being the owner(s) of Primary Mining Licence No ……………………………...………………………………………………………………………………………………………………… and situated at …………………………… in the …………………………….. hereby apply for permission to suspend operations of the said primary mining licence(s)………………………………………………………………………….
particulars of which are detailed herein…………………………………………………………
Registered Nos (1)
Titles (2)
Reasons for which suspension of work desired
………………………………. …………………………………
Date Signature of Applicant
(1) State serial title number in register
(2) State the Primary Mining Licence number
Mining (Mineral Rights)
GN. No. 1 (contd.)
26
FORM NO. MRF 9
THE MINING ACT, CAP. 123
CERTIFICATE OF SUSPENSION OF OPERATIONS
Certified that I authorized suspension of operations under the primary mining licence (s) No ……………………………………. at ……………………………………… held by ………………………. is allowed until the ………………..… day of …………
under conditions set out herein below………………………........………………...................………
...............................................................................................................................................................................................................
Date………….……………………
…………………………………….
EXECUTIVE SECRETARY
Mining (Mineral Rights)
GN. No. 1 (contd.)
27
FORM NO. MRF 10
THE MINING ACT, CAP.123
APPLICATION FOR AMALGAMATION OF PRIMARY MINING LICENCE
We the undersigned, being the owner(s) of Primary Mining Licence(s) of ……….........……………
………………… (1) contiguous primary mining licencesNos …………….……and situated at …………………………… in the ……………..… district hereby apply for permission to amalgamate (1) …………………….....registered as…………………… …………………………...………………………particulars of which are specified here in below
Registered Nos (1)
Titles (2)
Reasons for which suspension of work desired
Date………………………………. …………………………………
Signature of Applicant(s)
(1) State how many adjoining primary mining licence, of the same class
(2) State the Primary Mining Licence number
(3) State serial title number in register
Mining (Mineral Rights)
GN. No. 1 (contd.)
28
FORM NO. MRF 11
THE MINING ACT, CAP.123
CERTIFICATE OF AMALGAMATION OF PRIMARY MINING LICENCE
Certified that I have amalgamated the primary mining licence(s) for ………… (type of minerals) Nos ………………respectively, held by...…………………………………………………………… and situated at ……………………………………….............................................................……...
……………………………………………..................................................…………………………
………………………………………....................................................………………………………
Date ………………..……………………
…………………………………….
EXECUTIVE SECRETARY
Mining (Mineral Rights)
GN. No. 1 (contd.)
29
FORM No. MRF 12
THE MINING ACT, CAP.123
APPLICATION FOR SURRENDER OF PRIMARY MINING LICENCE
I ……………………………………….. (Full name or company)………..............................……... of……………………………………………………………………………………(full address or company registered address) being the holder of primary mining licence No…...…………………
do hereby apply for surrender of primary mining licence particulars of which are detailed herein ……………………………………………………………………………………………….
Additional information
1. Contact Mobile phone number: ………………………………………………………….
2. Contact email (if available): ……………………………………………………………..
3. Contact facsimile number (if available): ……………………………………………….
4. If the applicant is a company
a. The company registration No……………………………………………………
b. Contact person:………………………………………………………………….
Date….………………………… …….………………………
Signature or Company Seal
…………………………………….
Applicant
Dar es Salaam ANGELLAH J.M.KAIRUKI
9th January 2018 Minister for Minerals

http://www.tcme.or.tz/uploads/The_Mining_(Mineral_Rights)_Regulations__2018.pdf

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