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Part A: General Topics | 5. Scope of the Law

Scope of law provisions generally specify the types of minerals over which the present mining law is applicable, as well as what activities are allowed in relation to the minerals, and how the activities are to be conducted. Typically, such provisions also clarify whether oil and gas deposits are covered or excluded from the application of the law. Scope provisions are more common in Francophone jurisdictions than Anglophone jurisdictions in Africa.

5. Example 1:

Article [_]

This [Law][Act][Code] shall apply to all activities or transactions related to the prospecting, exploration, exploitation, research, processing, transportation and trading of mineral substances; but shall not apply to matters related to oil and gas water, and radioactive materials.

Annotation

Inspired by language from DRC’s mining code (2002), this provision categorically states the subject matter and range of activities to which the code applies as well as the areas not covered by the code.

5. Example 2:

Article [_]

(1) This [Law][Act][Code] shall apply to and govern the conduct of all mining operations and related activities within the territory of [Country].

(2) The provisions of this [Law][Act][Code] shall apply without prejudice to the [Water Resources Act, Forest Act, Tax Code, Customs Code, Investment Code, Labour Code, etc.]

Annotation

Drawn from Eritrea’s mining code (1995) and Burkina Faso’s mining code (2003), this provision defines the parameters of the mining law’s applicability and then limits the application of the mining law in relation to typical issues which intersect with mining and are covered by other primary laws on environment, tax, forests, water, etc. as they are more comprehensively dealt with in those laws.