Last Updated January 30, 2019

Law and Practice

Contributed By GENI & KEBE

Authors



GENI & KEBE GENI & KEBE is Senegal’s oldest law firm, having been established in 1912. It has three offices in Senegal and one in Côte d’Ivoire. GENI & KEBE’s lawyers are qualified to practise in the 17 states of the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the firm is also a member firm of DLA Piper Africa. Mining law is a major sector for the firm, given its significance to African economies. It advises a wide range of mining operators in relation to exploration licences, regulatory compliance, government relations, risk mitigation and environmental approvals. The advice also covers related corporate issues, such as project finance, tax, land acquisition and litigation, including on cross-border projects. GENI & KEBE is the only law firm with an office in the first mineral region of Senegal (Tambacounda), to assist its mining clients located there.

A prospection authorisation confers a non-exclusive right to prospect for specified substances within the territory of the Republic of Senegal or in a specified area of the territory for a six-month maximum term, renewable once.

An exploration right confers an exclusive right to the holder ‒ within the perimeter, on the surface and at indefinite depth – to explore the mineral substances for which it is issued, for a term of four years, renewable twice. In addition, the holder has the right to acquire a mining right if he or she has demonstrated the existence of a commercially exploitable deposit or to acquire an exploration right if he or she discovers a new mineral substance within the prospecting perimeter. It is still possible for the holder to transfer his or her exploration right.

A mining permit confers an exclusive right to mine and dispose freely of the substances for which the said mining licence is granted, within the limits of the perimeter allocated and indefinitely at depth, for a term between five and 20 years renewable. The holder also has the right to renew, extend, surrender, transfer or lease the tile. The holder has the right to transport commodities extracted to a storage/processing site and to sell them.

A small-scale mining permit confers to the holder ‒ within the perimeter granted and at indefinite depth ‒ the exclusive right to prospect and mine through semi-industrial or industrial processes the mineral substances for which the permit was issued, for a term of five years renewable.

A semi-mechanised mining permit confers to the holder within the perimeter granted, and to a depth of 15 metres, the right to mine through semi-mechanised methods and processes the mineral substances for which the permit was issued, for a term of three years renewable.

An artisanal mining permit confers to the holder the right to extract and concentrate the mineral substances and recover the merchant products through traditional processes, for a term of five years renewable.

To prospect, explore or exploit the mineral deposit, the mining rights-holders must inform the mining administration about the methods and results of their activity, and keep accounting for their transactions according to legal provisions, as well as respect human rights, transparency, social and environmental requirements.

The holder of a prospecting authorisation must inform the mining administration about the result of his investigation.

The holder of an exploration right must perform the annual programme of exploration activities within the term of his or her right, spend the minimum of his or her approved exploration working programme and request a mining right if there is proof of a commercially exploitable deposit. In addition, the holder must submit his or her purchase agreements as well as other agreements, including a lease contract regarding his or her mining right, to the Ministry of Mines and Energy for approval.

The mining title-holder must regularly inform the minister in charge of mines about the results of his or her activity. He or she must also fulfil within the legal timelines the financial requirements as provided by the mining convention he or she signed with the State.

The title-holder has a right of land occupancy throughout the national territory in accordance with the specific laws and regulations, including declaration of the public utility of this activity and obtaining of occupancy authorisation. The holder may also provide as security (mortgage) the real property rights attached to the mining title, which, in this case, is subject to the same regime as the traditional land title. In addition, the holder has the right to transfer or lease his or her title, as well as to renew, extend or surrender it.

The title-holder must indemnify landowners and the State if any due to prejudice resulting from his or her land occupancy and to comply with human rights requirements.

The holder of exploration and mining rights proceeds to the rehabilitation of the sites covered by his or her mining title at the end of the title. He or she is obliged to open and maintain a trust account at a specialised public institution designated by the State.

GENI & KEBE

47, Boulevard de la République
Immeuble Sorano, Dakar, 15023
Postal Address : BP 14392, Dakar, Sénégal

+221 33 821 1916

+221 33 842 62 75

info@gsklaw.sn www.gsklaw.sn
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Authors



GENI & KEBE GENI & KEBE is Senegal’s oldest law firm, having been established in 1912. It has three offices in Senegal and one in Côte d’Ivoire. GENI & KEBE’s lawyers are qualified to practise in the 17 states of the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the firm is also a member firm of DLA Piper Africa. Mining law is a major sector for the firm, given its significance to African economies. It advises a wide range of mining operators in relation to exploration licences, regulatory compliance, government relations, risk mitigation and environmental approvals. The advice also covers related corporate issues, such as project finance, tax, land acquisition and litigation, including on cross-border projects. GENI & KEBE is the only law firm with an office in the first mineral region of Senegal (Tambacounda), to assist its mining clients located there.

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