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Part B: Mineral Rights - Part B-5: Development Minerals - 31. Development Minerals Exploitation Licence | 31.1 Eligibility

This topic provides the minimum qualification for applying for a large scale development minerals exploitation licence. The main criteria for eligibility is citizenship, which is basic for all the mineral rights that may be granted in respect of development minerals. Other criteria like incorporation are required of large scale applicants. In the case of artisanal and small scale mining individuals or cooperatives may be considered. Citizens of other countries or within a region may also be included depending on a country or region’s development mineral plans. To promote local involvement in the economic development of development minerals some countries have set a high bar for entry by non-citizens.

31.1 Example 1:

Article [_] Application for exploitation licence by a holder of an exploration licence

A holder of a development licence exploration licence may not later than [_] days before the expiration of the licence, apply in the prescribed form for an exploitation licence in respect of the area or part of the area subject to the exploration licence.

Article [_]Application for exploitation licence by any other person

A person may apply for a development mineral exploitation licence in the prescribed form in accordance with the regulations

Article [_]

(1) A person shall be eligible for the grant of a large scale development mineral exploitation licence if the person:

(a) is a body corporate incorporated under [relevant related law]; and

(b) is citizen of [country] or in respect of [list particular development mineral] is a citizen of [list countries or region];

Annotation

This example allows either a holder of a prior exploration licence or a “fresh applicant” to apply for a development mineral exploitation licence. Apart from local incorporation requirement which is similar to most mining regimes, this example also allows for regional development of minerals to be considered as planned or agreed with other countries.

31.1 Example 2:

Article [_]

(1) A person shall be eligible for the grant of a large scale development mineral exploitation licence if the person:

(a) is a body corporate incorporated under [state appropriate law]; and

(b) is citizen of [country] or in respect of …… [list particular development minerals] is a citizen of [list countries or region]; or

(c) has at least [_]% of its shares held by citizens of [Country]; or

(d) where the person is a non-citizen, the person shall be required to meet the minimum investment threshold [as defined in article [_] / as prescribed under regulations].

Annotation

Inspired by Ghana’s mining law provision on industrial minerals, this example makes citizens of a country or a region eligible provided they are locally incorporated whilst non-citizens are eligible only if they partner with citizens or commit to invest a specified amount in the mineral operations in addition to local incorporation. The minimum investment threshold may be provided in the definitions section in this part or prescribed in regulations.