Nigerien Mining Code 2006

From Oil4All
Jump to: navigation, search

The Mining Code represents a modified version of the Niger's Mining Law, first passed in 1993. Amendments were made in 1999 and 2006.[1]

Environmental Legislation

Article 27 of the 2006 code covers rules on protecting Niger's environment. Specifically Article 27 states that mining companies operating in Niger must take necessary steps for preventing environmental pollution, treating waste and preserving forest and water resources. New provisions were made in Article 99 of the code stipulating that holders of mining and quarrying rights are required to submit an annual report on general safety issues.

Holders of uranium mining permits must also submit further semi-annual and annual reports on protection against radiation. Article 25 states that an environmental impact study, environmental protection program and a site rehabilitation plan must be submitted before a right to mineral resources can be obtained.[1]

Local Content

Main article: Local Content and Employment Issues in Niger

Issues of local content and employment law are also covered. As is stipulated in the Nigerien Oil Code 2007, priority must be given to Nigeriens over foreign workers.[1]

Mining Rights

According to the 2011 Niger Foreign Policy and Government Guide, one of the key changes made in the 2006 amendment to the code was the clarification of the different types of mining permits and licences.[2] The table below summarises the different types of mining and quarrying rights available in Niger:[1]


Mineral Right Type Definition Validity (years) Renewal Period
Mining Exploration Permit Exploration shall mean all prospecting activities, limited to surface and subsurface operations, aimed at determining the composition or structure of the subsoil for the purpose of discovering elements indicating the presence of minerals. 1 Renewable for a period of 1 year
Mining Prospecting Permit Prospecting shall refer to all activities carried out to discover or uncover mine substance deposits, demarcate relevant areas and their size and development potentials. 3 Renewable twice, for a period of three years each
Small-scale Mining Permit The size of a small scale mine shall depend on a number of parameters, including the size of reserves, level of investment, production capacity, number of employees, annual added value, and degree of mechanization. 5 Renewable three times, for a period of 5 years each
Large-scale Mining Permit The size of a large scale mine shall depend on a number of parameters, including the size of reserves, level of investment, production capacity, number of employees, annual added value, and degree of mechanization. 20 Renewable twice, for a period of 10 years each
Artisanal Mining Permit Artisanal mining shall consist in extracting and concentrating ores with the view to recovering the useful substances they contain, using traditional methods and processes. 2 Renewable for as many times as requested, for a period of 2 years each
Quarrying Prospecting Licences Quarry substance prospecting licence shall confer on their holders the right to explore and to prospect for all quarry substances on the designated area of territory. 1 Renewable for as many times as requested, for a period not exceeding 1 year
Quarrying Production Licenses Permanent quarry opening and mining licenses shall confer on their holders the right to occupy a plot on the public domain of the State and freely dispose of the mineral substances they have been granted for. 5 Renewable for as many times as requested, for a period of 5 years each

References

  1. 1.0 1.1 1.2 1.3 "Mining Code of The Republic of Niger" Ministry of Mines and Energy, retrieved 23 April 2012.
  2. "Niger Foreign Policy and Government Guide, Volume 1" USA International Business Publications, retrieved 23 April 2012.