X

Map Disclaimer

Information in this screening tool is provided for informational purposes only and does not constitute legal or scientific advice or service. The World Bank makes no warranties or representations, express or implied as to the accuracy or reliability of this tool or the data contained therein. A user of this tool should seek qualified expert for specific diagnosis and analysis of a particular project. Any use thereof or reliance thereon is at the sole and independent discretion and responsibility of the user. No conclusions or inferences drawn from the tool or relating to any aspect of any of the maps shown on the tool, should be attributed to the World Bank, its Board of Executive Directors, its Management, or any of its member countries.

The boundaries, colors, denominations, and other information shown on any map the tool do not imply any judgment or endorsement on the part of the World Bank concerning the delimitation or the legal status of any territory or boundaries. In no event will the World Bank be liable for any form of damage arising from the application or misapplication of the tool, any maps, or any associated materials.

Part B: Mineral Rights - Part B-4: ASM Licencing - 27. Small Scale Licencing | 27.13. Transfer/Assignment of Rights

This section should provide for whether a SSM licence holder may hand over, sell, rent (either part or the whole) or in any way encumber/place a lien on the licence for the benefit of another person or entity as well as under what conditions this transfer may take place. The transfer should be aligned with the eligibility provisions. Transfer/assignment may be partial or whole

27.13. Example 1:

Article [_]. Mineral rights transferable

(1) The holder of a SSM licence, or where the holder is more than one person, every person who constitutes the holder of that SSM licence, shall be entitled to assign the mineral right or, as the case may be, an undivided proportionate part thereof to another person.

(2) A SSM licence may not be assigned to a person to whom that SSM licence could not have been granted under this [Act][Code][Law].

(3) Application for assignment or transfer of SSM licences shall be made in a prescribed form and accompanied by a prescribed fee.

Annotation

Drawn from Tanzania’s mining law (2010) - from which inapplicable subsections have been deleted – this liberal provision authorizes transfers of SSM licences in whole or in part, provided that the transferee is eligible to hold a SSM licence (i.e., a Tanzanian citizen, a partnership of Tanzanian citizens or a company wholly owned and controlled by Tanzanians).

Although the Section in the example provides that an application for the transfer must be filed, the consent of the Regulating Authority to the transfer of an SSM licence is not required under the Tanzanian mining law. All that is required is that the transfer be made to one or more eligible Tanzanian persons or entities, and that an application for the transfer (in the form prescribed in the regulations) be filed, accompanied by the prescribed fee.

27.13. Example 2:

Article [_]

(1) No SSM licence or any interest therein shall be transferred, assigned, encumbered or dealt with in any other way without the approval of the [Regulating Authority].

(2) In any application to the [Regulating Authority] for approval under subsection (1), the applicant shall give such particulars concerning the proposed transferee, assignee, or other party concerned as would be required in an application for a SSM licence.

(3) The [Regulating Authority] shall grant its approval to the transfer, assignment, encumbrance or other dealing with any SSM licence or interest therein provided the transferee is not disqualified under any provision of this [Act][Code][Law] from holding a SSM licence and the [Regulating Authority] is satisfied in accordance with article [_] (regarding the work program and required consent conditions for the grant of a SSM licence).

(4) For the purposes of this section, “interest” in a SSM licence shall mean in the case of a holder who is a private company, a controlling interest in such holder.


Annotation

Drawn from Botswana’s mining law (1999), this example differs from the preceding example in the following ways:

    1)The approval of the Regulating Authority is required for any transfer of a SSM licence.

    2)The holder must submit the same information as to the transferee as would be required for an initial grant of the licence.

    3)The Regulating Entity must satisfy itself as to the same matters that would be required for the initial grant of the licence.

Thus the provision in this example is a more cautious approach to transfers, requiring more oversight than the preceding example.