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Part B: Mineral Rights - Part B-4: ASM Licencing - 28. Artisanal Mining | 28.10. Termination of License

Termination of Licence provisions state the ways in which the validity of a licence may cease. They should also clarify the consequences of termination for (a) the responsibility or liability of the license holder, and (b) the status of the licence area, including any equipment or structures of the licence holder situated within the licence area upon termination.

28.10. Example 1:

Article [_]

(1) In the event that an artisanal mining permit expires, is surrendered or is revoked, or the recipient forfeits their permit, the area that it covers shall be released of any right resulting from it, from the day after:

(a) the expiration date, where a permit expires;

(b) the date of notification, where a permit is surrendered or revoked, or the recipient forfeits the permit.

(2) The recipient of an artisanal mining permit shall be released from their responsibilities relating to the rehabilitation of the site only once they have fulfilled these responsibilities. The same shall apply for any damage caused by their operations under the permit.

Annotation

Drawn from Burkina Faso’s mining law (2015), this provision specifies the three ways in which an AM licence can terminate:

    1)By expiration at the end of its Term;

    2)By surrender;

    3)By revocation; or

    4)Upon the death of the licence holder.

The example further provides that the status of the licence area is that it is free of the rights conferred by the licence as of the expiration date, in the case of expiration, or the date of notification in the case of the other three types of termination. It further provides that the licence holder is not released from his responsibility for site rehabilitation or his liability for any damages caused by his operations until he has fulfilled those obligations.

28.10. Example 2:

Article [_]

(1) An artisanal mining license shall terminate if:

(a) a licensee relinquishes the whole area or surrenders the license ;

(b) a license is revoked by the [Regulating Authority] pursuant to the provisions of this [Act][Code][Law] or the regulations and directives issued under this [Act][Code][Law];

(c) a license expires without being renewed ; or

(d) without prejudice to the rights of heirs, a licensee dies, or where the licensee is a juridical person, it is liquidated or declared bankrupt.

Annotation

Drawn from Ethiopia’s mining law (2010), this example lists the events of termination of the artisanal mining license, which are similar to those listed in the preceding example. Here, the case of liquidation or bankruptcy has been added as a cause of termination. The time of the termination has not been specified in the law in this case. That is left for the regulations.