Mining in Africa - Legislation

Legislation

In September 2004, the Eritrean government ordered a halt to all mineral exploration activity in the country while it reviewed its Mining Act. The government suspension was lifted in January 2005. The government increased the maximum possible equity interest that it may hold in a project through an option agreement from 20% to 30%.

Effective February 28, 2005, platinum producers could no longer hold proceeds from Zimbabwean mining activity in foreign accounts to fund exploration and development in that country. The loss of direct access to these earnings may make it more difficult for foreign companies to fund exploration in Zimbabwe.

At the end of 2004, the government of Liberia passed legislation providing for controls on the export, import, and transit of rough diamond. In addition, the government suspended the issuance of all permits for diamond mining and placed a moratorium on alluvial diamond prospecting.

On December 15, 2005, the Parliament of Ghana passed a new Minerals and Mining Law (law number 703). The new law provides for access to mineral rights on a first-come, first-considered basis; a specific time frame within which all applications should be granted; the right for applicants to demand written reasons from the Minister if an application is rejected; the government’s right to acquire land or authorize its occupation and use if the land is required for mining purposes; the establishment of a cadastral system for the administration of mineral rights; the establishment of the permissible range of royalty rates at not less than 3% or more than 6% of total mining revenues; the government’s right to obtain a 10% free-carried interest in mining leases; and the establishment of the period of duration of a mining lease, which is not to exceed 30 years and which may be renewed once for a period not to exceed an additional 30 years.

In South Africa, the Government’s Black Economic Empowerment program required that black ownership of the mining industry reach 15% by 2009 and 26% by 2014. Recent actions to increase black ownership included the acquisition of 20% of Gold Fields by black-owned Mvelaphanda Resources Ltd. by 2009; the transfer of mines held by AngloGold Ashanti to black-owned African Rainbow Minerals; and the acquisition of 30% of Sallies Ltd. by African Renaissance Investments (Pty) Ltd.

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