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Part B: Mineral Rights - Part B-5: Development Minerals - 29. Development Minerals | 29.1 Definition of Development Minerals

This section deals with certain minerals categorized as development minerals. Some of these minerals have been treated under quarrying provisions in the mining laws of most African countries. The minerals consist mainly of non-metallic and non-fuel minerals commonly called industrial minerals such as salt, potash, mica, limestone, kaolin, bentonite, and barite; building and construction materials such as sand, gravel, clay, and slate; and semi-precious stones such as tourmaline, aquamarine, tanzanite, garnet, zircon, and opal. The designation of these minerals as development minerals is consistent with their designation under the Africa Mining Vision (AMV) and by the African Union Commission (AUC) Specialized Technical Committee on Trade, Industry and Minerals (STC-TIM) which emphasize the utilization of such minerals for the economic transformation of African economies. Unlike the provisions on quarrying that mainly provided for the exploitation of development minerals without holistically addressing their local economic and utilization linkages potential, the following provisions acknowledge the relevance of these minerals to the development of countries (or even regions or economic clusters) and provide guidelines or possible legislative language to promote their optimization.

It is recognized that some countries define some minerals as strategic and apply unique rules to them to ensure that they are developed in a manner that optimizes their value for the country. Similarly, countries may consider some of these development minerals to be strategic minerals and can use language in this part to facilitate optimization of such minerals.

It is also noted that the AMV recognizes the potential for cross border utilization or joint development of development minerals to maximize economic and utilization linkages and so countries are encouraged to support such developments in accordance with applicable laws and procedures for inter-national or regional cooperation.

29.1 Example 1:

Article [_]

For the purpose of this [section], “development mineral” refers to a non-metallic or non-fuel mineral that may be mined, beneficiated and utilized or consumed [principally] in [Country] and includes [list particular minerals] or such other minerals as the [Regulating Authority] may from time to time declare by notice in the [Gazette] to be a development mineral.

Annotation

This example defines the scope of a development mineral and specifically requires that development minerals be mined, beneficiated and used locally.

29.1 Example 2:

Article [­_]

For the purpose of this section, “development mineral” means a mineral that is relevant or strategic to the development needs of [Country] due to its local economic and utilization linkage potential and includes minerals such as [list of particular minerals] as the [Regulating Authority] may from time to time to time declare by notice in the [Gazette] to be a development mineral.

Annotation

This example is stated in more general terms, allowing the regulating entity to determine ‘relevance to national development’ and ‘local economic potential’ in relation to the country’s development or needs at any points in time.