Professional Documents
Culture Documents
June 2018
Briefing
Mining Regulations
In this month's briefing, we have summarised key differences between:
- the Mining (Mineral Rights) Regulations, 2010, and the Mining (Mineral Rights) Regulations, 2018;
- the Mining (Mineral Beneficiation) Regulations, 2010 and the Mining (Mineral Beneficiation) Regulations, 2018; and
- the Mining (Mineral Trading) Regulations, 2010 and the Mining (Minerals and Mineral Concentrates Trading)
Regulations, 2018.
It should be noted that there are other mining regulations that have been issued in 2018, notably:
These Regulations govern the application and issuance procedures for issuance of mineral rights. These Regulations were
initially published in 2010 and later repealed and replaced in 2018. In the following table below, we have highlighted the key
differences between the Regulations of 2010 and the ones of 2018.
The Mining (Mineral Rights) Regulations, 2010 The Mining (Mineral Rights) Regulations, 2018
Fees payable Fees payable
It used to cost the following to obtain the following types It now costs the following to obtain the following types of
of mineral rights licences: mineral rights licences:
There used to be no provisions relating to the There are now provisions relating to the cancellation of
cancellation of retention licences. retention licences. These provisions say that all retention
licences that were issued prior to the publication of the
new mineral rights regulations are cancelled and all rights
over those areas are reverting to the Government.
The Mining (Mineral Beneficiation) Regulations, 2010 The Mining (Mineral Beneficiation) Regulations, 2018
It used to cost the following to obtain mineral It now costs the following to obtain mineral beneficiation
beneficiation licences: licences:
In addition, it has been made clear that the fees that are
paid for mineral beneficiation licences are non-
refundable.
Mineral beneficiation licence holders used to be Mineral beneficiation licence holders are now required to
required to prepare succession plans for their foreign prepare succession plans for their foreign employees,
employees, pursuant to the provisions of the pursuant to the provisions of the Mining Act.
Employment and Labour Relations Act.
Our views – While the old regulations made
reference to the Employment and Labour Relations
Act, this Act does not comprehensively deal with the
issue of succession plans. This may be the reason
why the new regulations state that succession plans
should be made pursuant to the provisions of the
Mining Act, which comprehensively addresses the
issue of succession plans. In addition, the Mining
(Local Content) Regulations 2018 have been
published, to expand upon issues relating to
succession plans.
Mineral beneficiation licence holders used to be Mineral beneficiation licence holders are now required to
required to forward a copy of their records to the forward a copy of their records to the Mining
Commissioner for Minerals on a quarterly basis. Commission on a quarterly basis.
These Regulations govern trading of minerals by licence holders, dealers and brokers.
Mining (Mineral Trading) Regulations, 2010 the Mining (Minerals and Mineral Concentrates Trading)
Regulations, 2018
Mineral Concentrates Mineral Concentrates
Did not have the term "mineral concentrates". It makes reference to the term "mineral concentrates"
defined in the amendments to the Mining Act 2010.
It used to cost the following to obtain the following It now costs the following to obtain the following types of
types of mineral trading licences: mineral trading licences:
Permits to export minerals and samples of minerals used Permits to export minerals and samples of minerals are
to be issued by persons authorised by the Commissioner now issued by the Mining Commission.
for Minerals.
Our views – Practically, there is no change that has
occurred from the old regulations. The only change
is the issuing authority.
It is important to note that the Tanzania Shipping
Agencies Act now provides that only the Tanzania
Shipping Agencies Corporation (TASAC) may
undertake the clearing and forwarding function
relating to import and export of minerals, mineral
concentrates, machineries, equipment and products
or extracts related to minerals and petroleum.
If you would like to read our updater on TASAC,
please do not hesitate to contact us.
Dealer licence holders – specific penalties Dealer licence holders – specific penalties
Peter Kasanda
Partner, Dar es Salaam
E: peter.kasanda@clydeco.com
T: +255 768 983 003
Amalia Lui
Senior Associate, Dar es Salaam
E: amalia.lui@clydeco.com
T: +255 768 983 026
Amreen Ayub
Associate, Dar es Salaam
E: amreen.ayub@clydeco.com
T: +255 768 983 032
Kankiza Tibaijuka
Associate, Dar es Salaam
E: kankiza.tibaijuka@clydeco.com
T: +255 768 983 023