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Part B: Mineral Rights - Part B-5: Development Minerals - 32. Artisanal/Small Scale Development Minerals Exploitation Licence | 32.1 Eligibility and Requirements

The provisions of the large scale development minerals exploitation licence may apply to small scale licences subject to appropriate modifications, including those provided in the provisions below. Limited rights and obligations may be provided for small scale and artisanal licences. Artisanal and small scale licences may be further differentiated by size, term, investment limit, production limit, etc.

32.1 Example 1:

Article [_] Eligibility

Notwithstanding article [_], an artisanal or small scale development mineral exploitation licence shall not be granted to a non-citizen.

Article [_] Requirements for application

(1) An application for an artisanal or small scale development mineral exploitation licence may be made by an individual, cooperative or incorporated body of persons and shall include:

(a) A completed application form (where applicable);

(b) Particulars of incorporation/formation of cooperative (where applicable);

(c) Evidence of citizenship;

(d) Particulars of technical capacity to undertake the proposed mineral activity;

(e) Particulars of financial capacity to undertake the proposed mineral activity;

[(f) Feasibility study report in accordance with prescribed guidelines;]

[(g) [Development/industrialization] impact planin accordance with prescribed guidelines;]

(h) Applicable fee

Article [_] Rights

Article [_] Obligations

Annotation

In many jurisdictions, the bureaucracy involved in obtaining artisanal or small scale licences contributes to increased illegal mining activities. Rather than proscribing the submission of certain, licensing times can be shortened or facilitated by providing simple forms for submitting information on technical and financial capacity, feasibility reports and development impact plans for small scale and artisanal mining applications without unduly burdening the applicants.

32.1 Example 2:

Article [_] Exclusive areas for [artisanal/small scale] mining

(1) The [Regulating Authority] may from time to time designate areas for artisanal or small scale mining as prescribed in regulations.

(2) The areas designated for artisanal or small scale mining shall be reserved exclusively for artisanal or small scale mining.

(3) An applications for artisanal or small scale mining licence shall not be valid unless it is made in an area designated for artisanal or small scale mining in accordance with this [Law][Act][Code] and accompanying regulations.

Article [_] Upgrading or conversion from artisanal to small scale to large scale

(1) A holder of an artisanal licence may convert to a small scale licence by applying in the prescribed form to the [Regulating Authority].

(2) Where the [Regulating Authority] determines that an artisanal mining licence holder’s operations have progressed to a small scale mining operation, the holder shall be required to apply to convert the licence to a small scale mining licence.

Annotation

This example provides for where an exclusive area is designated for small scale mining