Tanzania seeks to reform mining sector for citizens benefit. The bills are expected to set the stage for the amendment of the mining act 2010, the income tax act, the insurance act and the tax administration with the ruling chama cha mapinduzidominated parliament expected to overwhelmingly support them. Acting under the powers conferred to her under section 112 of the mining act, 2010 as amended by the written laws miscellaneous amendments act, act no. The mining act, 2010 and its regulations controlling mining and. To arrest any offender, with the assistance of the tanzania police force. Procedures for exporting and importing minerals in tanzania. This act may be cited as the mining act, 2010 and shall come into operation on such date as the minister may, by notice published in the gazette, appoint.
Profits resulting from transfer or disposal of rights are also subject to taxes, which are collected by the tanzania revenue authority. An act to amend certain written laws in the extractive industry and financial laws with a view to enhancing control and compliance, ensuring maximum collection of revenues and securing national interests. It is unclear on whether business registration and licensing agency brela is responsible for getting information on the shareholders and beneficial owners of companies that are registered outside but invest in tanzania. Tanzania discourages foreign investment in selected aspects of telcoms, mining, shipping, fishing and civil aviation by imposing investment ceilings, onerous licensing requirements. Jan 17, 2018 local content regulations following amendments to the tanzanian mining act, 2010. An act to reenact with substantial amendments the provisions that regulate the law relating to prospecting for minerals, mining, processing and dealing in minerals, to granting, renewal and termination of mineral rights, payment of royalties, fees and other charges and any other relevant matters.
Printed by the government printer, dar es salaamtanzania. The main legislation under which mining activities are regulated in tanzania is the mining act, no. The regulations follow the amendments of the mining act, 2010 through the written laws misc. The reforms have resulted into an improved administration of the sector and increased efficiency in monitoring and controlling minerals production and trading. Mining claims were then opened up to individuals, which sparked the small scale mining industry of tanzania. Local content regulations following amendments to the. The written laws miscellaneous amendments act, 2017 1 issn 0856 01001x the united republic of tanzania special bill supplement no. Aug 15, 2011 an act to reenact with substantial amendments the provisions that regulate the law relating to prospecting for minerals, mining, processing and dealing in minerals, to granting, renewal and termination of mineral rights, payment of royalties, fees and other charges and any other relevant matters. The government of tanzania recently established a mining commission in accordance with its new mining act. United republic of tanzania the mining act, 2010 act no. In 1997, the government opened up the mining sector for investment. Jul 01, 2017 the bills are expected to set the stage for the amendment of the mining act 2010, the income tax act, the insurance act and the tax administration with the ruling chama cha mapinduzidominated parliament expected to overwhelmingly support them. According to section 5 of the mining act, 2010 the control over minerals on, in or under the land of the tanzania mainland is vested in the united republic. As tanzania is a member of the world trade organisation wto, it appears that certain provisions of the permanent sovereignty act and amended mining act may likewise engage tanzania s obligations under the general agreement on tariffs and trade gatt.
On 23 april 2010 tanzanias parliament passed the mining act 2010 the act. Tanzania mining tanzania mining this is a best prospect industry sector for this country. Changes to tanzanian mining legislation graphex mining limited asx. Unless otherwise provided in this act, a mineral right shall not be granted to a person unless the person is a body incorporated under the companies code 1963 act 179, under the incorporated private partnerships act 1962 act 152 or under an enactment in force. State mining corporation stamico tanzania gemological center tgc tanzania extractive industries transparency initiative teiti. The 1979 mining act was replaced by the neoliberal mining act of 1998 which was inspired by a world banksupported mining reforms program in the mid 1990s which sought to enable tanzania to create an investor friendly regulatory framework to boost foreign direct investments fdi in the mining.
Acacia notes the publication in tanzania s official government gazette of new legislation governing the natural resources sector. The current mining act offer more protection and saw the strengthening of artisanal miners rights. Indiana understands that to a large extent, the proposed legislation is designed to address the mining and export of precious metals and metal concentrates from existing operations in tanzania, which have been the. Inspector, tanzania mining audit agency, or a public. The tanzania chamber of minerals and energy tcme plans to conduct an assessment on what the effects of the ban will be on the economy. In the 1990s, the laws were further relaxed to encourage the introduction of companies who would export the mining products, and investment by international mining companies which opened up large scale mining operations. An act to reenact with substantial amendments the provisions that regulate the law relating to prospecting for minerals, mining, processing and dealing in minerals, to granting, renewal and termination. This act makes provision for control of mining operations in tanzania and establishes rules relative to the exploration for and exploitation of mineral resources in tanzania. According to petroleum act 2015 and the mining act 2010, license holders and contractors in the extractive sector are liable to pay taxes including corporate tax 30%, capital gain tax 30%, withholding tax 10% and other taxes. Electronic and postal communications licensing regulations 2011 free to air broadcasting licenses require 51% local ownership mining act of 2010. Enacted by parliament of the united republic of tanzania.
United republic of tanzania mining and quarrying workers. The mining mirerani controlled area regulations 2019 tanzania mineral occurance the mining. The act has yet to be gazetted and thus is not yet in force, though it is reputed to be under a certificate of urgency and therefore is expected to come into force shortly. Mining laws and regulations covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. A mining licence may be granted to a nontanzanian citizen, so long as at least 50% of the mining licence is held directly by a tanzanian citizen mining act, art 8. Acacia mining plc update on new legislation in tanzania. Tanzanias vision for the next 10 years for the mineral sector is to have a strong, vibrant. The act is a composite of a document presented to parliament the initial reading, together with a schedule of amendments the amendments. Gpx graphex or the company provides an update on proposed legislative changes with respect to the legal and regulatory framework governing the natural resources sector in tanzania the proposed legislation. This publication has been modified after its original release to add. On 23 april 2010 tanzania s parliament passed the mining act 2010 the act. For mining companies, the ban had adverse negative effects. Historically, there has been limited external pressure on mining companies in tanzania to increase local content. Mining regulation 2010 clause 1 preliminary part 1 mining regulation 2010 under the mining act 1992 2010 no 619 part 1 preliminary 1 name of regulation this regulation is the mining regulation 2010.
Both major reforms, the mining act of 2010 and the petroleum act of 2015, were passed under certificates of urgency prior to the last two general elections, in all likelihood in order to deprive the opposition parties of one of their main issues for mobilization, namely the widespread sentiment that tanzania is not getting enough out of its. This means that the government can reinstate the issuing of mining licences following the enforcing of a copper and gold concentrate ban and some draconian amendments to mining policy and legislation. Of the legislation passed, the written laws miscellaneous amendment act, being an amendment bill to the 2010 mining act, is now in force and is being applied by tanzanian authorities. Significant recent changes to tanzanias mineral law. In addition, it promised mining companies that the available investment incentives could not be. Act 703 minerals and mining act, 2006 qualification for grant of mineral right 10. Following the extensive amendments to the mining act, cap. Authority is therefore required to be obtained from the licensing authority for prospecting, mining and trading in minerals. The act has yet to be gazetted and thus is not yet in force, though it. It also emphasizes the granting exclusive areas for primary licenses to artisanal miners. To obtain any information which may deem necessary for the administration of the mining act section 1011g of the mining act, 2010. The amendments act states that mines resident officers will be stationed at every mining site, and will be responsible for daytoday monitoring and reporting. Act 703 minerals and mining act, 2006 minister may reserve land from mining 4. Acacia mining lost 30% of its revenue as well as experiencing a downward trend of its share price on the london stock exchange as a result of the ban.
New tanzanian mining legislation indiana resources. Tanzania has reformed its legal framework and fiscal regime to make a conducive environment in the mining sector. Acts, policies and useful documents ministry of minerals. Tanzania s new mining rules impose restrictions on foreign banks, insurers. Application for renewal of broker licence photogra 1.
For certain aspects of the context, notably the environment, this also requires the development of better assessment and analytical tools. Eia in a mining project legal basis the mining act 2010 the mining act governs the mining industry in tanzania. Act supplement ministry of finance and economic affairs. Changes underway in tanzania mining regulation tanzaniainvest. Tanzania seeks to reform mining sector for citizens. The mining act provides indigenous rights to holders of primary mining licences and gemstone mining licences. The united republic of tanzania an act to make provision for prospecting for minerals, mining and dealing in minerals, and to provide for any other relevant matters enacted by the parliament of the united republic of tanzania, part i preliminary provisions l. Section 19 of the act, a permit to export the mineral. Exportation of minerals in tanzania is governed by the provisions of the mining act, 2010 the act and the mining mineral trading regulations, 2010 the regulations. Tanzania extractive industries transparency initiative. The mining act 2010 revised 2018 and its regulations. This act does not apply to exploration for or production of petroleum.
Local content regulations following amendments to the tanzanian mining act, 2010. Tanzanias formalization of artisanal and smallscale mining. In relation to the management of the environment, the mining act is supported by the environmental management act, 2004 the ema 2004 and the various environmental management regulations. The mining act 2010 cap 123 revised edition of 2018. The act has yet to be gazetted and thus is not yet in force, though it is reputed to be. Any person with an interest to export minerals in tanzania has to abide to the conditions stipulated under the act. Tanzanias new mining rules impose restrictions on foreign. State of beneficial ownership disclosure in the tanzania. Acts and bills online parliament of tanzania pdf consulted on 20110506 abstractcitation. These licences are only issued to tanzania citizens or mining companies where the composition of the board and the shareholding structure consists exclusively of tanzanian citizens. Jul 03, 2018 the government of tanzania recently established a mining commission in accordance with its new mining act. May 11, 2017 asm was officially recognized by the 2009 mining policy which laid the foundation for the current mining act 2010. In this months briefing, we provide the highlights of the local content regulations the regulations issued recently.
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