The Mining Act, Chapter 123, Revised Edition 2023

1. Short title. w ed

2. Application. ut rib

3. Disapplication to petroleum. st di

4. Interpretation. or ed uc part ii od GENERAL PRINCIPLES pr re be

5. Ownership of minerals and Government lien. ay m

6. Declaration of mining controlled areas. ok

7. Authority required for prospecting or mining. bo is

8. Mineral rights and exclusivity. th of

9. Restriction on grant of mineral rights. rt pa

10. Mineral rights transferable. o .N

11. State participation. d ve

12. Review and renegotiation of development agreements. r se

13. Repealed. re s ht

14. Joint and Several obligations. rig

15. Priority between competing applications. ll .A

16. Applications for mineral rights by tender. a ni za

17. Exclusive areas for primary licences. an fT

18. Specified gemstone. to

19. Offences relating to unauthorised trading of minerals. en m

20. Restriction on exportation or domestic use of minerals. n er ov G part iii 25 20 ADMINISTRATION ©

21. Role of Minister.

22. Commissioner for Minerals.

23. Establishment of Mining Commission.

24. Functions of Commission. 287 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023]

25. Committees of Commission.

26. Executive Secretary.

27. Appointment of staff of Commission.

28. Provisions relating to disclosure of information.

29. Mines resident officer. . AG

30. Geological Survey of Tanzania. O of

31. Geological survey, mapping and prospecting. n io

32. Establishment of Tanzania Gem and Minerals Houses. s is m

33. Establishment of National Gold and Gemstone Reserve. er tp

34. Establishment of Government Minerals Warehouse. ou

35. Establishment of National Mineral Resources Data Bank. ith w

36. Mining Cadastre. ed ut

37. Indemnity. rib st di or part iv ed MINERAL RIGHTS uc od pr DIVISION A re be Prospecting Licence ay m

38. Application for prospecting licence. ok

39. Prospecting licence by tender. bo is

40. Minimum expenditure. th of

41. Condition for grant of prospecting licence. rt pa

42. Grant and renewal of prospecting licence. o .N

43. Notification of grants. d ve

44. Content of prospecting licence. r se

45. Rights of holder of prospecting licence. re s ht

46. Obligations of holder of prospecting licence. rig

47. Repealed. ll .A

48. Repealed. a ni za DIVISION B an Special Mining Licence and Mining Licence fT to (i) Applications for Special Mining Licence and Mining Licence en n m

49. Applicants. er ov

50. Repealed. G 25 20 (ii) Special mining Licence ©

51. Application for special mining licence.

52. Grant of special mining licence.

53. Duration of special mining licence. 288 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023]

54. Content of special mining licence.

55. Renewal of special mining licence.

56. Rights of holder of special mining licence.

57. Obligations of holder of special mining licence.

58. Amendment of special mining licence by holder. . AG O (iii) Mining Licence of n

59. Application for mining licence. io s is

60. Grant of mining licence. m er

61. Rights of holder of mining licences. tp ou

62. Obligations of holder of mining licences. ith w

63. Renewal of mining licence. ed ut rib DIVISION C st di Primary Mining Licences or

64. Application for primary mining licence. ed uc

65. Grant and validity of primary mining licence. od

66. Renewal of primary mining licence. pr re be

67. Allocation of primary mining licences to mine in exclusive primary area. ay

68. Conversion of primary mining licences to mining licences. m ok bo DIVISION D is th Mineral Processing Smelting and Refining of 69. rt Mineral right holder to set aside minerals for processing, smelting or refining. pa

70. Application and grant of licence for processing minerals. o .N

71. Application for primary processing licence. d ver

72. Application and grant of licence for smelting or refining minerals. se re s ht DIVISION E rig Supplementary provisions affecting mineral rights ll .A a

73. Surrender of land subject to mineral right. ni za

74. Suspension and cancellation of mineral right. an fT

75. Abandonment of land subject to mineral rights. to

76. Appeals. en m

77. Penalty for failure to pay royalty. n er ov

78. Extension of mineral rights during applications. G

79. Enlargement of mineral right. 25 20

80. Holder of certain mineral right suspending mining operations. ©

81. Maximum area for mineral right.

82. Allocation of mining licence by tender.

83. Termination of mining licence where production is insufficient. 289 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] part v LICENCES FOR DEALING IN MINERAL OR MINERALS (i) Dealer licence

84. Application for dealer licence.

85. Grant of dealer licence. . AG

86. Duration and renewal of dealer licence. O of

87. Rights of holder of dealer licence. n io s

88. Holder to keep records and accounts. is m

89. Minimum turnover requirements. er tp

90. Termination of dealer licence for default. ou ith w (ii) Broker Licence ed ut

91. Application for broker licence. rib st

92. Grant of broker licence. di or

93. Duration and renewal of broker licence. ed uc

94. Rights of holder of broker licence. od

95. Holder to keep records and accounts. pr re

96. Termination of broker licence for default. be ay

97. Prohibition against dealing in certain minerals. m ok (iii) Minerals Import Permit bo is th

98. Minerals Import Permit. of

99. Regulations on importation of minerals. rt pa o .N (iv) Lapidary Licence d ve

100. Lapidary licence. r se

101. Application for large lapidary licence. re s ht

102. Grant of large lapidary licence. rig

103. Duration of large lapidary licence and renewal. ll .A

104. Rights and obligations of holder of large lapidary licence. a ni za

105. Termination of large lapidary licence. an fT

106. Application for small lapidary licence. to

107. Grant of small lapidary licence. en m

108. Duration and renewal of small lapidary licence. n er ov

109. Rights and obligation of small lapidary licence. G

110. Termination of small lapidary licence. 25 20 © 290 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] part vi ROYALITIES, FEES AND OTHER CHARGES

111. Royalties.

112. Payment in lieu of royalties.

113. Provisional assessment of royalties. . AG

114. Sorting and valuation fee. O of

115. Inspection centres. n io

116. Prohibition on disposal of minerals. s is m

117. Charges in respect of mineral rights and licences. er tp

118. Recovery of fees. ou ith w part vii ed ut GENERAL PROHIBITIONS, RESTRICTIONS, rib st REPORTS AND RIGHT OF ENTRY di or

119. Repealed. ed uc

120. Restriction of rights of entry of holder of mineral right. od 121. pr Rights under mineral right to be exercised reasonably. re 122. be Compensation, relocation and resettlement. ay

123. Removal of minerals. m ok

124. Wasteful practices. bo

125. Reports, records and information. is th

126. Storage of raw minerals. of rt

127. Sorting and valuation. pa o

128. Control over removal of raw minerals. d .N

129. Handling of mineral concentrates. ver se

130. Regulations over use of stabilisation clauses. re

131. Plough back of profits from minerals sector. s ht rig

132. Authorised officer’s power of entry. ll .A a ni part viii za an LOCAL CONTENT, CORPORATE SOCIAL RESPONSIBILITY fT AND INTEGRITY PLEDGE to en

133. Provision of goods and services by Tanzanian entrepreneurs. n m er

134. Training and employment of Tanzanians. ov G

135. Training and technology transfer. 25 136. 20 Corporate social responsibility. ©

137. Integrity pledge. 291 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] part ix ENVIRONMENTAL PRINCIPLES AND LIABILITIES

138. Compliance with environmental principles.

139. Pollution damage.

140. Liability of licence holder for pollution damage. . AG

141. Liability for pollution damage caused without licence. O of

142. Claiming of damages. n io

143. Claiming compensation for pollution. s is m

144. Jurisdiction. er tp ou ith part x w FINANCIAL PROVISIONS ed ut rib

145. Funds of Commission. st di

146. Financial year. or

147. Budget. ed uc

148. Accounts and audit. od

149. Annual report. pr re be ay part xi m DISPUTES SETTLEMENT ok bo is

150. Commission may decide disputes. th of

151. Enforcement of Commission’s orders. rt pa

152. Appeal to High Court. o .N

153. Rules. d ver se part xii re REGISTRATION OF MINERAL RIGHTS s ht rig

154. Registers of mineral rights. ll .A

155. Evidentiary provisions. a ni za an part xiii fT to MISCELLANEOUS PROVISIONS en m

156. Radioactive minerals. n er ov

157. Listing with stock exchange. G 25

158. Transfer of control over company. 20

159. Insurance and indemnities. ©

160. Regulations.

161. Obstruction of holder of mineral rights. 292 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023]

162. Miscellaneous offences.

163. Offence committed by body corporate.

164. Compounding of offences. part xiv . AG REPEAL AND SAVINGS PROVISIONS O of

165. Repeal and savings. n io s is m SCHEDULES er tp ou ith w ed ut rib st di or ed uc od pr re be ay m ok bo is th of rt pa o d.N ve r se re s ht rig ll .A a ni za an fT to en n m er ov G 25 20 © 293 <!-- page break --> CHAPTER 123 THE MINING ACT An Act to re-enact with substantial amendments the provisions that regulate . AG O the law relating to prospecting for minerals, mining, processing and of dealing in minerals, to granting, renewal and termination of mineral n sio is rights, payment of royalties, fees and other charges and any other m er relevant matters. tp ou [1st November, 2010] ith w [G.N. No.396 of 2010] ed Acts Nos. 9 of 2017 5 of 2022 GN. No. ut rib 14 of 2010 4 of 2018 9 of 2022 414 of 2017 st di 17 of 2010 6 of 2019 12 of 2022 or 23 of 2015 14 of 2019 7 of 2023 ed 4 of 2017 8 of 2020 uc 7 of 2017 6 of 2021 od pr re be ay m PART I ok bo PRELIMINARY PROVISIONS is th of rt pa Short title 1. This Act may be cited as the Mining Act. o d.N ve Application 2. This Act shall apply to Mainland Tanzania. r se re s

3. This Act does not apply to exploration for or production ht Disapplication rig to petroleum of petroleum. ll a .A ni za

4.–(1) In this Act, unless the context otherwise requires- an Interpretation fT Acts Nos. “authorised officer” means the Commissioner, Chief to 23 of 2015 s. 29 en 7 of 2017 ss. 4, 11 Inspector, Inspector, or a public officer appointed under n m 6 of 2019 s. 18 er section 27 or a person designated as such under section ov 6 of 2021 s. 23 G 27(2); 25 20 “building materials” includes all forms of rock, stones, gravel, © sand, clay, soils, volcanic ash or cinder, scoria, pumice, or other minerals being used for the construction of buildings, roads, dams, aerodromes, or similar works but 294 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] does not include gypsum, limestone being burned for the production of lime, or material used for the manufacture of cement; “Chief Inspector” means the Chief Inspector of Mines appointed by the Minister under section 27; . AG O “Commission” means the Mining Commission established of n under section 23; io s is “Commissioner” means the Commissioner for Minerals m er tp appointed under section 22; ou “company” means a company incorporated under the ith Cap. 212 w Companies Act; ed ut rib “development agreement” means an agreement made st di between the Government and the holder of a mineral or ed right with intention to conduct mining operations under uc od a special mining licence; re pr “dispute” means all disputes as referred to under section 150; be “energy minerals” means a group of minerals comprising ay m of coal, peat, uranium, thorium and other radioactive ok bo minerals; is th “entitled applicant” means an applicant to whom section 49 of rt (1) applies; pa o .N “Executive Secretary” means the Executive Secretary of the d ve Commission appointed under section 26; r se re “free carried interest” means the interest derived from s ht holding shares of which the holder enjoys all the rights rig ll of a shareholder but has no obligation to subscribe or .A a ni contribute equity capital for the shares; za an “gems” means cut and polished or engraved gemstone; fT to “gemstone” means- en m (a) diamonds, emerald and other gem varieties of beryl, n er opal, ruby, sapphire, turquoise, chrysoberyl, spinel, ov G topaz, tourmaline, zircon, obsidian, peridot, moonstone, 25 20 chrysophase, amethyst; © (b) other gem varieties of quartz, garnet, zoisite, tanzanite, cordierite and scapolite in rough and uncut form; and 295 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (c) any other rough and uncut stone which may be declared to be a gemstone by the Minister by notice in the Gazette: Provided that, prospecting operations, the primary purpose of which is to search for diamonds located in a kimberlite . AG O pipe, shall not be treated as prospecting for gemstones for the of n purpose of Part IV and diamonds located in, and recovered io s is from, a kimberlite pipe shall not for the purpose of section 8 m er tp or Part IV be treated as gemstones; ou “Geological Survey of Tanzania” means the Geological ith w Survey of Tanzania as established under this Act; ed ut rib “gold” means all gold other than refined gold and includes st di gold in the raw or natural state, gold in ore, gold at any or ed stage of its extraction from its ores or other minerals uc od including auriferous amalgam, gold slimes, pot scrapings re pr and slags containing gold, gold-bearing concentrates and be sweepings from gold reduction works; ay m “gross value” means the market value of mineral or minerals at ok bo the point of refining or sale or, in the case of consumption is th within Tanzania, at the point of delivery within Tanzania; of rt “holder” means the person in whose name a mineral right pa o .N is registered; d ve “in default” means in breach of the provisions of this Act or r se re the regulations or any condition of a mineral right; s ht “industrial minerals” means a group of minerals comprising rig ll of phosphate, kaolin, lime, gypsum, dolomite, diatomite, .A a ni bentonite, zeolite, trona, pozzollana, vermiculite, salt, za an beach sands and other minerals other than metallic fT to minerals, normally used in industries; en m “Inspector” means an inspector of mines appointed by the n er Minister under section 27; ov G “integrity pledge” means a formal and concrete expression of 25 20 commitment by mineral right holder to abide with ethical © business practices and support a national campaign against corruption, prepared by the Commission; 296 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] “kimberlitic diamonds” means diamonds of gem or industrial quality formed and found in a primary rock intrusion or extrusion from the earth’s crust known as kimberlite pipe; “land to which this Act applies” means- (a) land in Tanzania (including land beneath the territorial . AG O sea and other territorial waters); and of n (b) the seabed and subsoil of the continental shelf; io s is “lawful occupier” in relation to any land means the lawful m er tp Caps. 113 and 114 occupier of land in accordance with the Land Act, and ou the Village Land Act; ith w “licensed broker” means a person holding a broker licence ed ut rib granted under section 92; st di “licensed dealer” means a person holding a dealer licence or ed granted under section 85; uc od “licensing activities” include receiving, processing and re pr validating applications, and granting and issuing of mineral be rights; ay m “licensing authority” means the Commission, and includes ok bo any other person authorised by the Commission to is th perform licensing activities; of rt “licensing officer” includes a licensing authority or any pa o .N other public officer authorised or appointed to perform d ve licensing activities on behalf of the licensing authority; r se re “local content” means the quantum of composite value s ht added to, or created in, the economy of Tanzania through rig ll deliberate utilisation of Tanzanian human and material .A a ni resources and services in the mining operations in za an order to stimulate the development of capabilities of fT to indigenous of Tanzania and to encourage local investment en m and participation; n er “metallic minerals” means a group of minerals comprising ov G of gold, silver, copper, iron, nickel, cobalt, tin, tungsten, 25 20 zinc, chromium, manganese, titanium, aluminium, © platinum group of metals and other metallic minerals; “mine” when used as a noun, means any place, excavation or working in or on which any operation connected with 297 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] mining is carried on together with all buildings, premises, erections and appliances belonging or appertaining thereto, above or vertically below the ground within horizontal boundaries of the licence, the purpose of mining, treating or preparing minerals, for obtaining or . AG O extracting any mineral or metal by any mode or method of n or for the purpose of dressing mineral ores but does not io s is include a smelter or a refinery; m er tp “mine” when used as a verb, means intentionally to mine ou minerals, and includes any operations directly or indirectly ith w necessary therefore or incidental thereto, including ed ut rib such processing of minerals as may be required to st di produce a first saleable product, and “mining” shall be or ed construed accordingly; uc od “mineral” means any substance, whether in solid, liquid or re pr gaseous form, occurring naturally in or on the earth, or in be or under the seabed formed by or subject to a geological ay m process, but does not include petroleum or surface water; ok bo “Mineral Cadastral” means the Mineral Cadastre established is th pursuant to section 36; of rt “Mineral Concentrate” means minerals or associated pa o .N minerals won through the process of direct extraction of d ve minerals from the ore which need further processes to r se re extract metals and bi-product such as: s ht (a) minerals in the category of precious and base metals- rig ll (i) gold; .A a ni (ii) silver; za an (iii) copper; fT to (iv) iron; en m (v) nickel; n er (vi) zinc; and ov G (vii) lead; 25 20 (b) minerals in the category of platinum group metals- © (i) platinum; (ii) rhodium; and (iii) iridium; 298 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (c) minerals in the category rare earth elements, transition element which includes- (i) ytterbium; (ii) beryllium; (iii) tantalum; and . AG O (iv) lithium; of n (d) minerals in the category of non-metallic minerals- io s is (i) graphite; and m er tp (ii) sulphur and bi-product from smelting; ou (e) minerals in the category of industrial and ceramic ith w minerals - ed ut rib (i) limestone, gypsum, clays and refractory minerals; st di (ii) agro-minerals for fertilisers such as phosphate; or ed (iii) coal; and uc od (iv) soda ash; re pr (f) minerals in the category of alloy metals- be (i) manganese; ay m (ii) chromium; ok bo (iii) cobalt; is th (iv) molybdenum; and of rt (v) vanadium; pa o .N (g) minerals in the category of light metals- d ve (i) aluminium; r se re (ii) magnesium; and s ht (iii) titanium; rig ll (h) minerals in the category of gemstones- .A a ni (i) diamond; za an (ii) tanzanite; fT to (iii) all other gemstones; and en m (iv) any other mineral found in the periodic table; n er “Mineral and Gem Houses” means the Mineral and Gem ov G Houses established under section 32; 25 20 “Minerals Import Permit” means a Minerals Import Permit © issued under section 98; “mineral processing” means the process of separating commercial value minerals from their ores; 299 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] “mineral ore” means the naturally occurring material in the form of rocks or sediments from which economically valuable minerals can be extracted; “mineral rights” means licences referred to in section 8; “mining area” means an area of land subject to a special mining . AG O licence, a mining licence, or a primary mining licence; of n “Mining Cadastre” means the central online system for io s is processing applications for mineral rights and mineral m er tp processing licences established pursuant to section 36; ou “mining licence” means a mining licence for medium scale ith w mining operation, whose capital investment is between ed ut rib US dollars one hundred thousand and US dollars one st di hundred million or its equivalent in Tanzanian shillings; or ed “mining operations” means operations carried out in the uc od course of undertaking mining activities; re pr “Minister” means the Minister responsible for mining affairs; be “Online transactional mining flexicadastre portal” means a ay m web based service to facilitate submission of mineral right ok bo applications, online payments, administration of mineral is th rights and exchange of mineral rights information of rt including communication of decisions electronically; pa o .N “person” means a natural person or a body corporate or d ve other juridical person; r se re Cap. 328 “petroleum” has the meaning ascribed to it in the Petroleum s ht Act; rig ll “prescribed form” means all forms applicable under this Act .A a ni including an electronic forms available within the online za an transactional mining cadastre portal; fT to “primary mining licence” means a licence for small en m scale mining characterised by minimal machinery or n er technology of an initial capital for investment which does ov G not exceed US dollars five million or its equivalent in 25 20 Tanzania Shilling; © “processing area” means an area whether within or outside the mining area used for the purpose of milling, beneficiating 300 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] and dressing mineral ores, and including smelting and refining of minerals; “prospect” means to search for any mineral by any means and to carry out any such works and remove such samples as may be necessary to test the mineral bearing qualities . AG O of land, and includes the conduct of reconnaissance of n operations; io s is “prospecting area” means an area of land subject to a m er tp prospecting licence; ou “prospecting licence” means a prospecting licence granted ith w under Division A of Part IV; ed ut rib “prospecting operations” means operations carried out in st di the course of prospecting; or ed “raw minerals” means minerals which are not yet processed, uc od beneficiated or value added, and this meaning shall be re pr subject to regulations governing value addition and shall be be without prejudice to the meaning contained in Mineral ay m Development Agreements; ok bo “regulations” means regulations made under this Act; is th “reserved area” means- of rt (a) an area reserved in accordance with section 16 for pa o .N applications for mineral rights by tender; or d ve (b) an area reserved in accordance with section 17 exclusively r se re for the grant of primary licences to mine minerals under s ht Division C of Part IV; rig ll “resident mines officer” means an officer appointed as such .A a ni under section 27; za an “small scale miner” means a holder of a primary mining fT to licence; en m “special mining licence” means a licence for large scale n er mining operation, whose capital investment is not less ov G than US dollars one hundred million or its equivalent in 25 20 Tanzanian shillings; © “specified gemstone” means gemstone specified under section 18; 301 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] “tailings” means materials left over after the mineral ore is crushed and valuable minerals are extracted from it; Cap. 399 “Tax Authority” means the Tanzania Revenue Authority, established under the Tanzania Revenue Authority Act; “tax expenditure” means the quantified value of tax incentives . AG O granted to a company by the Government; of n “vacant area” means an area of land which is not the io s is subject of- m er tp (a) a mineral right, or an area subject to such a mineral right ou which the applicant has entered into an agreement to ith w purchase, or in respect of which he has an enforceable ed ut rib option to purchase; st di (b) a processing area; and or ed (c) a pending application for a mineral right; uc od (2) A reference in this Act to “land subject to a mineral re pr right” is a reference to an area of land in respect of which a be mineral right and or a licence for a Processing Area has been ay m granted and subsists. ok bo is th PART II of rt pa GENERAL PRINCIPLES o d .N ve

5.–(1) The entire property in and control of all minerals r Ownership of se re minerals and in, and under or upon any land, rivers, streams, water s Government lien ht rig Act No. courses throughout Tanzania, area covered by territorial sea, ll .A 7 of 2017 s. 5 continental shelf or the exclusive economic zone is the property a ni of the United Republic and shall be vested in the President in za an trust for the People of Tanzania. fT to (2) The Government shall have lien over any material, en m substance, product or associated products extracted from the n er ov mining operations or mineral processing. G 25 20

6.–(1) The President may, after consultation with the relevant © Declaration of mining controlled areas local authorities through the Minister responsible for local Act No. government, and by order in the Gazette, declare any area 7 of 2017 s. 6 of Tanzania which is subject to mining operations to be a controlled area. 302 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) The order made under this section shall prescribe conditions applicable to the controlled area, and upon such order being made, the conditions specified in the order shall apply to the specified area and any contravention of such conditions shall be an offence. . AG O (3) For the purpose of subsection (1) and (2), the Commission of n shall recommend to the Minister regulations applicable to io s is mining operations and activities in the controlled areas. m er [s. 5A] tp ou ith w Authority 7.–(1) A person shall not on or in any land to which this Act ed ut required for applies, prospect for minerals or carry on mining operations or rib prospecting st processing operations except under the authority of a mineral di or mining or Act. No. right granted or deemed to have been granted under this Act. ed 23 of 2015 s. 30 uc (2) The activities carried on by the Agency in the course od pr of geological mapping shall not be treated for the purpose of re be subsection (1) as prospecting for minerals or mining operations. ay m (3) A person who contravenes subsection (1) commits an ok bo offence and on conviction, shall be liable- is th (a) in the case of an individual, to a fine of not exceeding of rt ten million shillings but not less than five million pa o shillings or to imprisonment for a term not exceeding d .N three years or to both; ver se (b) in the case of a body corporate, to a fine of not less than re s fifty million shillings. ht rig (4) Minerals obtained in the course of unauthorised ll .A a prospecting or mining or processing operations including ni za equipment involved in such operations and any minerals an fT possessed without a proper permit shall be forfeited to the to en Government by the Commission and auctioned through n m er relevant Government Asset Auctioning Procedures. ov G [s. 6] 25 20 © 303 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Mineral rights 8.–(1) The following mineral rights may be granted under and exclusivity Act No. this Act- 23 of 2015 s. 31 (a) under Division A of Part IV- 12 of 2022 s. 29 (i) a prospecting licence; and (ii) a gemstone prospecting licence; . AG O (b) under Division B of Part IV- of n (i) a special mining licence; and io s is (ii) a mining licence; m er tp (c) under Division C of Part IV- ou (i) primary mining licence; ith w (d) under Division D of Part IV- ed ut rib (i) a primary processing licence; st di (ii) a processing licence; or ed (iii) a smelting licence; and uc od (iv) a refining licence. re pr (2) The licensing authority may, upon consent of the mineral be right holder, grant more than one mineral right over the same ay m mining area as follows: ok bo (a) a mining licence or primary mining licence for building is th materials may be granted in an area subject to a mineral of rt right for minerals other than building materials; pa o .N (b) a primary mining licence for gemstones may be granted d ve in an area subject to a prospecting licence for minerals r se re other than gemstones. s ht (3) Notwithstanding the foregoing provision of this rig ll section, this Act shall not prevent any person engaged in the .A a ni construction of tunnels, road, dams, aerodromes and similar za an public works of an engineering nature from utilising as building fT to materials any minerals derived from a source approved by the en m Minister in writing. n er (4) The Minister shall not, for the purposes of subsection (3), ov G approve a source in a mining area. 25 20 (5) The Minister may at any time withdraw the approval © given under subsection (3). [s. 7] 304 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Restriction on 9.–(1) Mineral rights shall not be granted to- grant of mineral rights (a) an individual who- Act No. (i) is under the age of eighteen years; 7 of 2017 s. 7 (ii) not being a citizen of the United Republic, has not been ordinarily resident in the United Republic . AG O for a period of four years or such other period as of n may be prescribed; io s is (iii) is an un-discharged bankrupt, having been m er tp adjudged or, otherwise declared bankrupt under ou any written law whether under the laws of the ith w United Republic or elsewhere, or enters into ed ut rib any agreement or scheme of composition with st di creditors, or takes advantage of any law for the or ed benefit of debtors; or uc od (iv) has been convicted, within the previous ten years, re pr of an offence of which dishonesty is an element, be or of any offence under this Act, any related ay m or similar Act, or any similar written law in ok bo force outside the United Republic and has been is th sentenced to imprisonment or a fine exceeding of rt twenty million shillings. pa o .N (b) a company- d ve (i) which has not established a physical and postal r se re address in the United Republic for the purpose of s ht serving legal notices and other correspondences; rig ll (ii) unless, such company is incorporated under a.A ni Cap. 212 the Companies Act and intends to carry out the za an business of mining under a mining licence; fT to (iii) which is in liquidation other than a liquidation en m that forms part of a scheme for the reconstruction n er or amalgamation of the holder; ov G (iv) which has among its directors or shareholders 25 20 any person who would be disqualified in terms of © paragraph (a)(iii) and (iv). 305 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) A primary mining licence for any minerals shall not be granted to an individual, partnership or body corporate unless- (a) in the case of an individual, the individual is a citizen of Tanzania; (b) in the case of a partnership, it is composed exclusively . AG O of citizens of Tanzania; of n (c) in the case of a body corporate, it is a company and- io s is (i) its membership is composed exclusively of citizens m er tp of Tanzania; ou (ii) its directors are all citizens of Tanzania; ith w (iii) control over the company, both direct and indirect, ed ut rib is exercised, from within Tanzania by persons all st di of whom are citizens of Tanzania. or ed (3) Notwithstanding subsection (2), the Commission may, uc od on recommendation of the resident mines officer and upon re pr satisfying itself that a primary mining licence holder needs a be technical support which cannot be sourced within Tanzania, ay m allow the primary mining licence holder to contract a foreigner ok bo for the technical support. is th (4) The provisions of subsection (1)(a)(iii) and (iv) shall of rt apply in relation to engagement of foreign technical support. pa o .N (5) A mining licence for mining gemstones shall only be d ve granted to applicants who are Tanzanians. r se re (6) Notwithstanding subsection (5), where the Minister s ht after consultation with the Commission determines that the rig ll development of gemstone resources in an area of land subject .A a ni to a mineral right, is most likely to require specialised skills, za an technology or high level of investment, it may grant a mining fT to licence for gemstones to the applicant, where it is satisfied en m that the licence will be held by that person together with a n er non-citizen whose undivided participating shares amount to ov G not more than fifty percent either alone, in the case of one 25 20 person or in the aggregate in the case of more than one person. © (7) A mineral rights shall not be granted to an individual, partnership, body corporate or to any one of the partners, shareholders or directors of the partnership or body corporate 306 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] which is in default in another mineral rights or in an expired or cancelled mineral rights, Provided that- (a) an individual who or partnership or body corporate which is in default; or . AG O (b) a partner, shareholder or director of a partnership or of n body corporate which is in default, may be granted a io s is mineral right upon rectifying the default. m er tp (8) A prospecting licence shall not be granted to an ou individual, partnership, body corporate, or any one of the ith w partner, shareholders or directors of the partnership or body ed ut rib corporate who own more than twenty other valid prospecting st di licences, unless the cumulative prospecting areas of such other or ed prospecting licences does not exceed 2,000 square kilometres. uc od re pr [s. 8] be Mineral rights 10.–(1) The holder of a mineral right, or where the holder ay m transferable is more than one person, every person who constitutes the ok Acts Nos. bo 7 of 2017 s. 8 holder of that mineral right, shall, subject to subsection (2), be is 6 of 2019 s. 19 th entitled to assign the mineral right or, as the case may be, an of rt undivided proportionate part thereof to another person. pa o (2) A special mining licence, mining licence or any undivided d .N proportionate part thereof shall not be assigned to another ver se person without a written consent of the licensing authority. re s (3) Notwithstanding subsection (2), consent of the licensing ht rig authority shall not be required for an assignment to- ll .A a (a) an affiliate, where the obligations of the affiliate are ni za guaranteed by the assignor or by a parent company an fT approved by the licensing authority; and, for the to en purposes of this paragraph, an affiliate means any n m er company which directly or indirectly controls or is ov G controlled by the applicant or which is controlled 25 20 directly or indirectly by a company which directly or © indirectly controls the applicant; (b) a bank or other financial institution by way of mortgage or charge given as security for any loan or guarantee in respect of mining operations; and 307 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (c) another person who constitutes the holder of the special mining licence or, as the case may be, the mining licence. (4) The consent of the licensing authority where it is required under subsection (2), shall not be given unless- . AG O (a) there is a proof that substantial developments have been of n effected by the holder of mineral right in accordance io s is with the programme of mining operations under m er tp sections 51(3)(c) and 59(2) (d) (i); ou (b) there is a Tax Clearance Certificate issued by the ith w Tanzania Revenue Authority; and ed ut rib (c) there is a proof that other charges, fees and payables st di have been cleared. or ed (5) Application for assignment or transfer of mineral rights uc od shall be made in a prescribed form and accompanied by a re pr prescribed fee. be [s. 9] ay m ok bo State 11.–(1) In any mining operations under a mining licence or is participation th a special mining licence, the Government shall have not less of Acts Nos. rt 7 of 2017 s. 9 than sixteen percent non-dilutable free carried interest shares pa 6 of 2021 s. 24 o in the capital of a mining company depending on the type of d .N minerals and the level of investment. ver se (2) In addition to the free carried interest shares, the re s Government shall be entitled to acquire, in total, up to fifty ht rig percent of the shares of the mining company commensurate ll .A a with the total tax expenditures incurred by the Government in ni za favour of the mining company. an fT (3) Acquisition by the Government of shares in the company to en shall be determined by the total value of the tax expenditures n m er enjoyed by the mining company. ov G (4) Without prejudice to the provisions of subsection 25 20 (1), the Government and a holder of a mining licence or © special mining licence may, for the purposes of ensuring Government’s effective participation in the mining operations 308 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] as contemplated in this section, establish a special arrangement in a manner prescribed in the regulations. [s. 10] Review and 12. Notwithstanding the provisions of this Act and any other . AG renegotiation written law, all development agreements concluded prior to the O of development of coming into force of this section shall, subject to the provisions n agreements io s Acts Nos. of the Natural Wealth and Resources Contracts (Review and is m 23 of 2015 s. 32 er Renegotiation of Unconscionable Terms) Act, remain in force. tp 7 of 2017 s. 10 ou Cap. 450 [s. 11] ith w ed 13. [Repealed by Act No.7 of 2017 s. 10.] ut Repealed rib st [s. 12] di or ed

14. Where a mineral right is granted to, or held by, more than uc Joint and Several od obligations one person, any obligation under this Act, the regulations or a pr re relevant development agreement which is to be observed and be ay performed by the holder shall be a joint and several obligation m ok of the persons who constitute the holder save where the terms bo and conditions of that mineral right or a relevant development is th of agreement otherwise provide. rt pa [s. 13] o d .N ve Priority between 15.–(1) Where two or more persons, not acting together as r se competing re partnership or joint venture, each makes a specified application s applications ht for the grant of a mineral right over the same area of land, or rig ll over areas of land, parts of which are the same area, the person .A a ni whose application was first registered under this Act shall, if za an the circumstances in subsection (3) are satisfied, be granted fT to the mineral right for which he has applied. en m (2) Where two or more specified applications are received n er ov on the same day by an authorised officer or officers during G 25 the hours of business appointed by the Commission for the 20 receipt of applications, those applications shall be deemed to © have been received simultaneously and priority between them shall be determined by the licensing authority in such manner as may be prescribed in the regulations. 309 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (3) The circumstances referred to in subsection (1) and (2) are that the applicant is- (a) not disqualified for a grant of the mineral right by section 9; (b) entitled, otherwise than as provided in this section, to . AG O a grant of the mineral right over the area of land for of n which application is made. io s is (4) For the purpose of this section, “specified application” m er tp means an application for the grant of- ou (a) a prospecting licence; ith w (b) a special mining licence or a mining licence by a person ed ut rib who is not an entitled applicant; st di (c) a primary mining licence; or ed (d) a processing licence, smelting licence, or refining licence. uc od re pr [s. 14] be Applications for 16.–(1) Where the Minister considers that it is in the public ay m mineral rights interest to do so he may, by notice in the Gazette or in a local ok by tender bo Act No newspaper, designate any vacant area other than an area is 12 of 2022 s. 30 th already forming part of a reserved area as an area for which he of rt invites applications by tender for- pa o (a) a prospecting licence or licences; d .N (b) a mining licence or licences; or ver se (c) a special mining licence or licences. re s (2) The area of a prospecting licence or part thereof which ht rig has been expired by the holder in accordance with section 42 ll .A a shall, within a period of four months from the date of expiry, ni za be deemed to have been designated under this section as an an fT area for which the Minister may- to en (a) invite applications by tender; or n m er (b) declare such an area to be exclusively reserved for ov G allocation to small scale miners in accordance with 25 20 the procedures stipulated under section 17, or on the © expiry of the four months period, the area or areas shall fall vacant. 310 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (3) Without prejudice to subsection (1), the Minister may, within four months from the date of cessation of a mineral right and subject to the prescribed regulations, cause any vacant area other than a reserved area to be reverted to the Government. (4) An area reverted to the Government pursuant to . AG O subsection (3) shall be held by the holder of shares of the of n Govenment issued in accordance with section 11 who shall be io s is issued with a certifcate of revisionary mineral rights. m er tp (5) The procedure and other matters relating to issuance of ou the certificate of revisionary mineral rights shall be prescribed ith w in the regulations by the Minister. ed ut rib (6) For the purpose of this section, “revisionary mineral st di rights” means mineral rights which revert to the Government or ed upon cessation by operation of law, and includes prospecting uc od licence, retention licence, mining licence or special mining re pr licence. be [s. 15] ay m ok bo Exclusive areas 17. Where the Minister, after consultation with the Commission, is for primary th determines that it would be in the interests of the orderly of licences rt development of the mining industry in Tanzania, he may, by pa o order published in the Gazette- d .N (a) designate any vacant area; or ver se (b) declare any area deemed to have been designated under re s section 16(2)(b), as an area exclusively reserved for ht rig prospecting and mining operations by persons holding ll .A a primary mining licences issued under Division C of ni za Part IV. an fT [s. 16] to en n m

18. Where the Minister after consultation with the Commission, er Specified ov gemstone G determines that it would be in the interests of the development 25 of the gemstone industry in Tanzania, he may by order 20 © published in the Gazette, designate any gemstone to be a specified gemstone for special conditions on mining trading and disposal. [s. 17] 311 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Offences relating 19.–(1) Subject to subsection (2), a person other than a mineral to unauthorised trading of right holder, a licensed dealer, a licensed broker or a holder of minerals Minerals Import Permit shall not have in his possession, or Acts Nos. 4 of 2017 s. 34 dispose of, any mineral or minerals, unless as an employee, agent or contractor has acquired and holds the mineral or . AG 6 of 2019 s. 20 6 of 2021 s. 25 O minerals for or on behalf of a mineral right holder, a licensed of n dealer, a licensed broker or a holder of Minerals Import Permit. io s is (2) Subsection (1) shall not be construed to restrict any m er tp member of the public to have in his possession, or dispose ou of common salt and building materials which are commonly ith w used for domestic purposes. ed ut rib (3) A person shall not export from Tanzania any mineral st di or minerals unless he is a mineral right holder, or a licensed or ed dealer, and- uc od (a) in the case of a mineral right holder, has paid the royalty re pr or provisional royalty due on such mineral or minerals; be (b) has paid the inspection fee due on such mineral ay m or minerals; ok bo (c) in the case of a licensed dealer, has made the payment is th or provisional payment in lieu of royalty due on the of rt export of the mineral or minerals; or pa o .N (d) in any case, has given security to the satisfaction of the d ve Commission for the payment of any such amount. r se re (4) A person who contravenes the provisions of subsections s ht (1) and (3) commits an offence and on conviction shall be rig ll liable- a.A ni (a) in the case of an individual, to a fine of not less than za an ten million shillings but not exceeding fifty million fT to shillings or to imprisonment for a term of not less than en m one year but not exceeding three years or to both; n er (b) in the case of a body corporate, to a fine of not less than ov G fifty million shillings but not exceeding one hundred 25 20 million shillings. © [s. 18] 312 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Restriction on 20. Notwithstanding any provision of this Act, a person shall exportation or domestic use not remove or cause to be removed mineral or minerals from of minerals a mine for the purpose of export or domestic use unless that Act No. 4 of 2017 s. 35 person fulfills the conditions specified under section 115. [s. 18A] . AG O of PART III n io s is m ADMINISTRATION er tp ou ith Role of Minister 21. The Minister shall be responsible for- w ed Act No. (a) preparing policies, strategies and legislative framework ut 7 of 2017 s. 11 rib for exploration and exploitation of mineral resources st di with special reference to establishing national priorities or ed having due regard to the national economy; uc od (b) monitoring the implementation of laid down government re pr policies on minerals; be ay (c) monitoring the operations of all bodies or establishments m ok with responsibility for minerals and report to the bo Cabinet; is th (d) promoting mineral resources of Tanzania for research of rt pa and exploitation; o .N (e) monitoring the issuance by the Commission of licenses d ve for mining activities in Tanzania; and r se re (f) providing support for the creation of a favourable s ht environment for private investment in the mining rig ll .A industry. a ni [s.19] za an fT to Commissioner 22. There shall be appointed by the President a suitably qualified en for Minerals public officer to be a Commissioner for Minerals who shall be n m Act No. er responsible for advising the Minister on all matters relating to ov 7 of 2017 s. 11 G the mining sector. 25 20 [s. 20] © 313 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Establishment 23.–(1) There is established a Commission to be known as the of Mining Commission Mining Commission Acts Nos. (2) The Commission shall be a body corporate with 7 of 2017 s. 11 9 of 2017 s.12 perpetual succession and a common seal and in its corporate name, be capable of- . AG O (a) suing and being sued; of n (b) purchasing or otherwise acquiring, holding, charging io s is or disposing of its movable and immovable property; m er tp (c) borrowing and lending; ou (d) entering into contracts; and ith w (e) performing all such other things or acts for the proper ed ut rib execution of its functions which may lawfully be st di performed by a body corporate. or ed (3) Notwithstanding the preceding provisions of this uc od section, the Attorney General shall have the right to intervene re pr in any suit or matter instituted by or against the Commission. be (4) Where the Attorney General intervenes in any matter ay m pursuant to subsection (3), the provisions of the Government ok Cap. 5 bo Proceedings Act, shall apply in relation to the proceedings is th of that suit or matter as if it has been instituted against the of rt Government. pa o .N (5) The Commission shall have the duty to notify the d ve Attorney General of any impending suit or intention to r se re institute a suit or matter for or against the Commission. s ht (6) The common seal of the Commission shall be kept in rig ll such custody as the Commission may direct and shall not be .A a ni used except by the order of the Commission. za an (7) The Commission shall be composed of- fT to (a) the Chairman; en m (b) the Permanent Secretary Treasury; n er (c) the Permanent Secretary from the Ministry responsible ov G for lands; 25 20 (d) the Permanent Secretary from the Ministry responsible © for defence; (e) the Permanent Secretary from the Ministry responsible for local government; 314 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (f) the Chief Executive Officer of the Federation of Miners Associations of Tanzania; (g) Deputy Attorney General; and (h) two eminent persons who possess proven knowledge and experience in the mining sector one of whom shall . AG O be a woman. of n (8) The Chairman and the commissioners referred under io s is subsection (7)(h) shall be appointed by the President and shall m er tp serve on full time basis ou (9) Members referred to under subsection (7)(b), (c), (d), ith w (e), (f) and (g) shall discharge their responsibilities under this ed ut rib Act on part-time basis but they shall have equal rights with st di full-time members. or ed (10) The First Schedule shall have effect on the proceedings uc od of the meeting of the Commission and other matters related re pr to it. be [s. 21] ay m ok bo Functions of 24. The functions of the Commission shall be to- is Commission th (a) supervise and regulate the proper and effective carrying of Act No. rt 7 of 2017 s. 11 out of the provisions of this Act; pa o (b) issue licences under this Act; d .N (c) regulate and monitor the mining industry and mining ver se operations in Tanzania; re s (d) ensure orderly exploration and exploitation of mineral ht rig resources in Tanzania and the optimal utilisation ll .A a of mineral resources at all mining operations in ni za accordance with the mining policies and strategy; an fT (e) resolve disputes arising out of mining operations or to en activities; n m er (f) carry out inspections or investigations on health and ov G safety issues related to mining operations or activities; 25 20 (g) advise the Government on, and ensure compliance with © all applicable laws and regulations related to the health and safety of persons involved in mining operations or activities; 315 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (h) monitor and audit environmental management, environmental budget and expenditure for progressive rehabilitation and mine closure; (i) counteract minerals smuggling and minerals royalty evasion in collaboration with relevant Government . AG O authorities; of n (j) advise the Government on all matters relating to the io s is administration of the mineral sector with main focus m er tp on monitoring and auditing of mining operations to ou maximise Government revenue; ith w (k) promote and conduct research and development in the ed ut rib mineral sector that will lead to increased Government st di revenue; or ed (l) examine and monitor implementation of feasibility uc od reports; mining programs and plans; annual mining re pr performance reports; and environmental management be plans and reports of mining companies; ay m (m) secure a firm basis of comprehensive data collection ok bo on national mineral resources and technologies of is th exploration and exploitation for national decision of rt making; pa o .N (n) issue, suspend and revoke exploration and exploitation d ve licences and permits; r se re (o) ensure general compliance with the laid down s ht standards in mining operations, laws and the terms rig ll and conditions of mineral rights; .A a ni (p) monitor and audit quality and quantity of minerals za an produced and exported by large, medium and small fT to scale miners; to determine revenue generated to en m facilitate collection of payable royalty; n er (q) audit capital investment and operating expenditure ov G of the large and medium scale mines for the purpose 25 20 of gathering taxable information and providing the © same to the Tanzania Revenue Authority and other relevant authorities; 316 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (r) sort and assess values of minerals produced by large, medium and small scale miners to facilitate collection of payable royalty; (s) produce indicative prices of minerals with reference to prevailing local and international markets for the . AG O purpose of assessment and valuation of minerals and of n assessment of royalty; io s is (t) verify the forecasted capital investment specified under m er tp section 51(3)(c) for purposes of ascertaining mis- ou invoicing or any other form of malpractice in respect ith w of mining licence and special mining licence holders ed ut rib and providing the same to the Tanzania Revenue st di Authority within twelve months after the issuance of or ed such licences; uc od (u) supervise and monitor the implementation of local re pr content plan and corporate social responsibility by a be mineral right holder; and ay m (v) provide, upon request, information to a mineral right ok bo holder or any other person who is engaged in mining is th operations. of rt [s. 22] pa o d .N

25.–(1) For the purpose of facilitating performance of the ve Committees r se of Commission functions of the Commission, it may form such number re Act No. s of committees to advice on matters relating to mining and ht 7 of 2017 s. 11 rig minerals. ll .A a (2) The committees shall perform the functions assigned to ni za it by the Commission upon such terms and restrictions as the an fT Commission may determine. to en (3) The provisions of the First Schedule shall apply with n m er necessary modification to the proceedings of committees. ov G [s. 23] 25 20 © 317 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Executive 26.–(1) There shall be the Executive Secretary of the Secretary Act No. Commission who shall be appointed by the President. 7 of 2017 s. 11 (2) The Executive Secretary shall- (a) exercise supervisory powers over the management of officers and staff of the Commission; and . AG O (b) be responsible for the day to day management of the of n affairs of the Commission and carrying out directives io s is of the Commission. m er tp (3) The Executive Secretary shall be the Chief Executive ou Officer of the Commission and hold office for a term of five ith w years and be eligible for re-appointment. ed ut rib [s. 24] st di or

27.–(1) The Commission may appoint such officers and staff ed Appointment uc of staff of for the proper performance of the functions of the Commission od Commission pr under such terms and conditions of the public service as the re Act No. be 7 of 2017 s. 11 Commission may determine. ay m (2) The Minister in consultation with the Commission may ok bo appoint a Chief Inspector of Mines, resident mines officers, is th mines resident officers, Inspectors of Mines and other public of rt officers as may be required for the better performance of pa o functions under this Act. d .N (3) Officers and staff shall, in the performance of their ver se functions be responsible to the Commission. re s [s. 25] ht rig ll .A

28.–(1) Information furnished, or information in a report a Provisions ni za relating to submitted, pursuant to section 125 by the holder of a mineral an disclosure of fT information right shall not, for so long as that mineral right or another to Act No. en mineral right granted to the holder has effect over the land m 7 of 2017 s. 11 n to which the information relates be disclosed, except with the er ov G consent of the holder of the mineral right. 25 (2) Subsection (1) shall not operate to prevent the disclosure 20 © of information where the disclosure is made- (a) for or in connection with the administration of this Act; (b) for the purpose of any legal proceedings; 318 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (c) for the purpose of any investigation or inquiry conducted under this Act; (d) to any person being a consultant to the Government or public officer who is authorised to receive such information; . AG O (e) for or in connection with, the preparation by or on of n behalf of the Government for statistics in respect of io s is prospecting or mining; or m er tp (f) for purposes of measures taken in accordance with ou any written laws aimed at preventing or combating ith w corruption, prevention of financing of terrorism or ed ut rib organised crimes. st di (3) A person who contravenes subsection (1) commits an or ed offence and on conviction shall be liable- uc od (a) in the case of partnership or community group, to a re pr fine of not less than two hundred million shillings or be to imprisonment for a period not exceeding twelve ay m months, or to both; and ok bo (b) in the case of a body corporate, to a fine of not less than is th one billion shillings. of rt [s. 26] pa o d .N

29.–(1) The Commission shall station in every mining site ve Mines resident r se officer where mining operations take place a mines resident officer re Act No. s who shall be responsible for- ht 7 of 2017 s. 11 rig (a) monitoring the day to day production process at the ll .A a mining site; ni za (b) verifying records, information and production reports an fT kept by the holder of mineral right; to en (c) authorising entry into the minerals storage facility at n m er the mine on behalf of the Government; and ov G (d) oversight over mineral removals and transportation to 25 20 Government Minerals Warehouse. © (2) For the purpose of performing the functions under this Act, the mines resident officer shall have all the powers conferred to authorised officers under section 132. [s. 27] 319 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Geological Survey 30.–(1) There is established the Geological Survey of of Tanzania Act No. Tanzania. 7 of 2017 s. 11 (2) The Geological Survey of Tanzania shall be responsible 12 of 2022 s. 31 for all matters related to geological activities other than prospecting, exploration and mining activities, and in particular . AG O shall- of n (a) advice the Minister on geological matters; io s is (b) undertake the geological mapping of Tanzania, and m er tp may for that purpose, engage contractors; ou (c) provide data concerning the geology and mineral ith w resources of Tanzania, and generally assist members of ed ut rib the public seeking information concerning geological st di matters; or ed (d) maintain such laboratory, library and record facilities as uc od may be necessary for the performance of its functions; re pr (e) provide geo-scientific advice, information and data to be the Government; ay m (f) acquire geo-scientific data and information; ok bo (g) maintain, process, archive and disseminate national is th geo-scientific data and information; of rt (h) collect, arrange and maintain geo-scientific books, pa o .N records, publications, rock or mineral or fossil or core d ve samples for research, learning and future reference; r se re (i) geo-technical and geo-environmental studies; s ht (j) conduct monitoring and management of geo-hazard; rig ll (k) support large and small scale miners on geo- a .A ni scientific services; za an (l) provide geo-scientific laboratory services; fT to (m) promote investment in mining industry through en m dissemination of geo-data, information and maps; and n er (n) perform any other function as may be assigned by the ov G Government, this Act or any other written law. 25 20 (3) Notwithstanding subsection (2), the Geological Survey © of Tanzania may, for the purpose of obtaining mineral resources estimation on areas to be reverted to the Government pursuant to section 16(3), conduct strategic prospecting and exploration. 320 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (4) For an orderly discharge of duties and exercise of powers of the Geological Survey of Tanzania, there shall be the Chief Executive Officer who shall be appointed by the President. (5) The Chief Executive Officer shall be responsible for the day to day discharge and exercise of powers of the Geological . AG O Survey of Tanzania. of n [s. 27A] io s is m er Geological survey, 31. The Geological Survey of Tanzania shall, for the purpose of tp ou mapping and carrying out the geological mapping of Tanzania- ith prospecting w Act No. (a) enter upon any land for the purpose of carrying out ed ut 7 of 2017 s. 12 such mapping; rib st (b) take soil samples or specimens of rocks, concentrate, di or tailings or minerals from any licence or permit for ed uc purpose of examination or assay; od pr (c) break up the surface of the land for the purpose of re be ascertaining the rocks or mineral within or under it; ay m (d) dig up any land or fix any post, stone, mark or object to ok bo be used on the surface of that land; and is th (e) carry out any operations which may be carried out in of rt accordance with this Act. pa o [s. 27B] d .N ver se Establishment of 32.–(1) The Commission shall establish such number of re Tanzania Gem Tanzania Mineral and Gem Houses, which shall comprise of s ht and Minerals rig Houses the Minerals Auction Centre, the Minerals Exchange and the ll .A Acts Nos. Minerals Clearing House. a ni 7 of 2017 s. 12 za 6 of 2019 s. 21 (2) A person who wishes to buy or dispose minerals shall an fT buy or dispose minerals at the Mineral and Gem Houses to en established under subsection (1). n m (3) Notwithstanding subsection (2), a holder of mining er ov G licence and special mining licence may dispose of mineral 25 extracted from their respective licence areas at any market 20 © of choice. (4) Where there is no Mineral and Gem Houses the Commission shall- 321 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (a) establish buying stations whether mobile or stationed within the area where there is active mining activities; (b) issue broker’s licence in respect of specific buying station or stations. (5) The Minister may, for the purpose of this section and by . AG O notice published in the Gazette, exempt certain minerals from of n the requirement of this section. io s is (6) The Minister shall, in consultation with the Commission m er tp and Minister responsible for finance, make regulations for the ou operation and running of the Minerals Auction Centre, the ith w Minerals Exchange and the Minerals Clearing House. ed ut rib [s. 27C] st di or

33.–(1) The Minister responsible for finance shall, after ed Establishment uc of National Gold consultation with the Commission and the Governor of the od and Gemstone pr Bank of Tanzania and by order published in the Gazette, re Reserve be Act No. establish the National Gold and Gemstone Reserve into which ay 7 of 2017 s. 12 m shall be deposited- ok bo (a) all royalties required to be paid in refined minerals; is th (b) all minerals impounded or otherwise confiscated in of rt accordance with the law; pa o (c) minerals purchased by the Government in accordance d .N with the provisions of this Act; ver se (d) dividend minerals paid under any arrangement or re s agreement; and ht rig (e) any minerals otherwise acquired by the Government. ll .A a (2) The National Gold and Gemstone Reserve established ni za under this section shall be under the control of the Bank of an fT Tanzania. to en [s. 27D] n m er ov

34.–(1) The Minister responsible for finance shall after G Establishment 25 of Government consultation with the Commission and the Governor of 20 Minerals © Warehouse the Bank of Tanzania, establish the Government Minerals Acts Nos. 7 of 2017 s. 12 Warehouse which shall be the central custodian of all the 6 of 2019 s. 22 metallic minerals and gemstones won by mineral rights holders in Tanzania; 322 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Provided that, for small scale miners, the requirement of this section shall be optional. (2) The Minister responsible for finance in consultation with the Minister shall make regulations for the transfer and deposit of minerals by the mineral right holders in the . AG O Government Minerals Warehouse, and for the attendant of n procedures and fees. io s is [s. 27E] m er tp ou Establishment of 35.–(1) The Geological Survey of Tanzania shall establish ith w National Mineral under it the National Mineral Resources Data Bank. ed Resources Data ut (2) All mineral data generated under this Act shall be owned rib Bank st Act No. by the Government. di 7 of 2017 s. 12 or (3) A mineral right holder shall submit to the Geological ed uc Survey of Tanzania the following accurate mineral data: od pr (a) geological maps and plans; re be (b) geophysical and geochemical raw data; ay m (c) processed and interpreted data or maps; ok bo (d) technical reports; is th (e) core samples and its mineral exploration data base; and of rt (f) any other information as may be required. pa o (4) The mineral right holder shall give copies of data d .N generated under subsection (2) and (3) to the Geological ver se Survey of Tanzania free of charge. re s (5) The Geological Survey of Tanzania may permit the ht rig mineral right holder to market the right of use of data on terms ll a.A to be agreed. ni za (6) The mineral right holder shall not export any core, an fT cuttings, rock samples, soil, fluid samples or any other data to en collected without the written authorisation of the Geological n m er Survey of Tanzania. ov G (7) The Geological Survey of Tanzania shall prescribe rules 25 20 for the better compliance with the requirements under this © section, including the keeping of records and submission of reports and returns. [s. 27F] 323 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Mining Cadastre 36.–(1) There shall be established a Mining Cadastre which Act No. 7 of 2017 s. 12 shall- (a) receive and process applications for mineral rights and mineral processing licences; (b) administer mineral rights and mineral processing . AG O licences; and of n (c) maintain public cadastral maps and cadastre registers. io s is (2) The Commission may establish regional Mining Cadastre m er tp offices which shall receive applications for mineral rights and ou forward applications for processing by the Mining Cadastre. ith w (3) The Minister may after consultation with Minister ed ut rib responsible for lands, make regulations to prescribe the st di operationalisation and management of the Mining Cadastre. or ed [s. 27G] uc od pr

37. An officer of the Commission or committee shall not be re Indemnity be Act No. liable for anything done or omitted to be done in good faith ay 7 of 2017 s. 12 m GN. No. in the performance or purported performance of any function ok 414 of 2017 bo vested in that officer by, or in accordance with an appointment is th made under this Act. of rt [s. 27H] pa o d .N PART IV ver se MINERAL RIGHTS re s ht DIVISION A rig ll Prospecting Licence .A a ni za Application for 38.–(1) An application may be made under this Division of an prospecting fT this Part for a prospecting licence for minerals falling under to licence en Acts Nos. any of the following groups: m 23 of 2015 s. 38 n (a) metallic minerals; er 7 of 2017 s. 13 ov (b) energy minerals; G 25 (c) gemstone excluding kimberlitic diamond; 20 © (d) kimberlitic diamond; (e) industrial minerals; or (f) building materials. 324 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) An application for a prospecting licence including an application in respect of land in an area reserved for applications by tender for prospecting licences shall be made to the Commission, in the prescribed form and accompanied by the prescribed fee. . AG O (3) An application for the grant of a prospecting licence shall- of n (a) contain- io s is (i) in the case of an individual, his full name and m er tp nationality, physical and postal addresses, and ou attach his recent passport size photograph and ith w a copy of his national identity card, passport, ed ut rib driving licence or voters registration card; st di (ii) in the case of a body corporate, its corporate name, or ed place of incorporation, names and nationality uc od of directors, including copies of their identity re pr cards; and be (iii) in the case of more than one person, particulars ay m referred in items (i) and (ii) of each of that person; ok bo (b) state the type of minerals and its relevant group, as is th indicated in subsection (1); of rt (c) state the size of the area of land over which it is sought, pa o .N which shall not exceed the maximum area prescribed d ve as provided under section 81, and be accompanied by a r se re plan of the area; s ht (d) contain a statement giving particulars of the financial rig ll and technical resources available to the applicant; .A a ni (e) contain a statement on the procurement plan of goods za an and services available in the United Republic; fT to (f) contain details of any mineral right previously granted en m to the applicant; n er (g) contain a statement of integrity pledge in a prescribed ov G form; and 25 20 (h) contain a local content plan. © (4) Every application for a prospecting licence made in the prescribed form by an applicant who has tendered to the licensing authority the prescribed fee, shall be registered 325 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] immediately in the register maintained for such applications under this Act. (5) Each application registered under subsection (4) shall be assigned a number and the date on which it was received and shall be indicated on an official receipt handed to the . AG O applicant or his authorised agent or sent to the applicant by of n registered mail. io s is [s. 28] m er tp ou Prospecting 39.–(1) An application for a prospecting licence in an area ith w licence by designated as an area for which applications for such a licence ed tender ut are invited by tender shall- rib Act No. st 7 of 2017 s. 14 (a) be in the prescribed tender form and accompanied by di or the prescribed tender fee; and ed uc (b) subject to the terms and conditions of the invitation to od pr tender, include the matters required to be included in re be applications by section 38. ay m (2) Applications made under subsection (1) shall be ok bo submitted to the Commission. is th (3) On receipt of a report from the Commission, the of rt licensing authority shall consider the competing bids and shall pa o select the bid which is most likely to promote the expeditious d .N and beneficial development of the mineral resources of the ver se area having regard to- re s (a) the programme of prospecting operations which the ht rig applicant proposes to carry out and the commitments ll .A a as regards expenditure which the applicant is prepared ni za to make; an fT (b) the financial and technical resources of the applicant; to en and n m er (c) the previous experience of the applicant in the conduct ov G of prospecting and mining operations, 25 20 and the successful application shall be treated as an application © under section 15 which has priority over any other application and the applicant shall be notified accordingly. [s. 29] 326 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Minimum 40.–(1) The amount per square kilometre which the holder of expenditure a prospecting licence shall expend annually on prospecting operations shall be prescribed, and for that purpose the regulations may prescribe different amounts in respect of prospecting licences for building materials and gemstones . AG O mineral groups from those for prospecting licences for metallic, of n energy, kimberlitic diamonds or industrial minerals group. io s is (2) The expenditure per square kilometre specified in m er tp subsection (1) shall be different amounts for the different ou periods specified under section 42(1) including making ith w provision for a lump sum payment. ed ut rib [s. 30] st di or

41. An applicant for a prospecting licence whose application ed Condition uc for grant of was properly made under section 38 and an applicant whose od prospecting pr application has been declared to be a successful application re licence be under section 39 shall be entitled to the grant of a prospecting ay m licence for which he has applied unless- ok bo (a) he is disqualified from holding a prospecting licence is th under section 9; of rt (b) he is the holder of another mineral right and is, in pa o respect of that other mineral right, in default; d .N (c) the financial and technical resources available to the ver se applicant are not adequate; re s (d) the area of land for which he has made application or ht rig part thereof is subject to another mineral right; ll .A a (e) the area of land for which application has been made, ni za or any part of it, covers or includes an area designated an fT by the Minister under section 17 as an area reserved for to en prospecting and mining operations by persons holding n m er primary mining licences; ov G (f) the area of land for which application has been made 25 20 covers or includes an area of land for which application © has been made by another person who has priority over the applicant under section 15; and 327 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (g) in a case to which section 39 applies, the area of land for which application has been made, or any part of it, covers or includes an area deemed to have been designated or designated by the Minister under section 16 as an area in respect of which applications for the . AG O grant of a mineral right shall be invited by tender. of n [s. 31] io s is m er

42.–(1) Where an applicant is entitled to the grant of a tp Grant and ou renewal of prospecting licence under section 41, the licensing authority ith prospecting w licence shall issue to the applicant the prospecting licence as provided ed ut Acts. Nos. in that section and the licence so issued shall subsist for the rib 23 of 2015 s. 39 st following periods: di 7 of 2017 s. 15 or 12 of 2022 s. 32 (a) for the initial prospecting period for which the applicant ed uc has applied, a period not exceeding four years; od pr (b) where application for renewal has been made by the re be holder in the prescribed form, for the first period of ay m renewal for which the applicant has applied, a period ok bo not exceeding two years; is th (c) where an application for renewal has been made by the of rt holder in the prescribed form, for the second period of pa o renewal for which the applicant has applied, a period d .N not exceeding two years; ver se (d) a prospecting licence shall not be renewable after the re s second period of renewal; ht rig (e) where a prospecting licence is no longer renewable, the ll .A a prospecting area shall revert to the Government and be ni za dealt with in accordance with section 16; and an fT (f) a company desiring to carry out prospecting activities to en in respect of prospecting areas over which a prospecting n m er licence has been issued to a local mining company, ov G shall conclude an arrangement with the company after 25 20 approval by the Cabinet. © (2) A holder of a licence who intends to renew the licence shall, within one month before the expiry date of the licence, submit an application for renewal of the prospecting licence. [s. 32] 328 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Notification 43.–(1) The licensing authority shall, within four weeks from of grants the date on which an application under section 38 for the grant of a prospecting licence was registered in consideration of the application, notify the applicant that the application has been granted or rejected: . AG O Provided that, where the application has been rejected of n under this section, the licensing authority shall, in notifying io s is the applicant, give reasons to that effect. m er tp (2) The applicant shall, within four weeks of the date of ou notification under subsection (1), give notice to the licensing ith w authority of his willingness to accept the proposed licence and ed ut rib pay the fees stipulated in the notification. st di (3) Where, within the time specified under subsection (2), or ed the applicant fails to inform the licensing authority of his uc od acceptance of the proposed licence, the application shall be re pr treated as having been withdrawn. be (4) The licensing authority shall, within four weeks from ay m the notice given by the applicant, grant the application and ok bo cause the licence to be issued to the applicant. is th (5) Not later than six weeks from the date on which of rt application is made for the renewal of a prospecting licence, pa o .N the licensing authority shall, in accordance with section 42(2), d ve grant the application or- r se re (a) [Omitted]; s ht (b) [Omitted]; rig ll (c) [Omitted]; or .A a ni (d) in the case of an application under section 42(1) za an (d), if the conditions for the grant of an extension in fT to accordance with that provision have not been satisfied, en m serve a notice on the holder stating why. n er [s. 33] ov G 25 20 Content of 44.–(1) A prospecting licence shall- © prospecting licence (a) state the names, postal and physical address and status of the licensee; (b) state the date of the grant of the licence and the period for which it is granted; 329 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (c) state the commencement and expiry dates; (d) include a description and plan of the area of land over which it is granted; (e) append the prospecting programme and its financial expenditure estimate; . AG O (f) state in the procurement plan of goods and services of n available in the United Republic; and io s is (g) state whether the licence applies to- m er tp (i) metallic minerals group and the type of mineral; ou (ii) energy minerals group and the type of mineral; ith w (iii) gemstone minerals group and the type of mineral; ed ut rib (iv) industrial minerals group and the type of mineral; st di (v) building materials group and the type of mineral; or or ed (vi) kimberlitic diamonds. uc od (2) In determining the date for the commencement of the re pr period for which the licence is granted, the licensing authority be may take account of any period not exceeding six months from ay m the date of the grant which is required by the applicant to make ok bo any necessary preparations for prospecting operations. is th [s. 34] of rt pa o

45.–(1) Subject to the provisions of this Act and the regulations .N Rights of holder d of prospecting made under this Act, a prospecting licence confers on the ve licence r se holder the exclusive right, to carry on prospecting operations in re s the prospecting area for minerals to which the licence applies. ht rig (2) In the exercise of the rights conferred by this section, ll a.A the holder may, subject to section 120, either himself or by his ni za employees or agents, enter upon the prospecting area and erect an fT camps and temporary buildings and may erect installations in to en any water forming part of the prospecting area. n m er (3) The holder of a prospecting licence for gemstones, who ov G in the course of carrying out prospecting operations under 25 20 the prospecting licence recovers gemstones, may dispose of © the gemstones by sale to a licensed dealer and shall promptly following any such sale submit particulars thereof to the Commission, showing the name and business address of the 330 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] dealer, a description of the stones, their weight and a copy of a receipt given by the purchaser for the price received. (4) The holder of a prospecting licence for gemstones who recovers gemstones in the course of prospecting operations shall for the purpose of holding the gemstones and selling . AG O them pursuant to subsection (3) be deemed to be a mineral of n right holder. io s is [s. 35] m er tp ou Obligations 46.–(1) The holder of a prospecting licence shall- ith w of holder of (a) commence prospecting operations within a period of ed prospecting ut three months, or such further period as the licensing rib licence st authority may allow, from the date of the grant of the di or licence or such other date as is stated in the licence on ed uc commencement period; od pr (b) give notice to the licensing authority of the discovery of re be any mineral deposit of potential commercial value; ay m (c) adhere to the prospecting programme appended to the ok bo prospecting licence; and is th (d) expend on prospecting operations not less than the of rt amount prescribed. pa o (2) A person who- d .N (a) contravenes any provision of subsection (1), shall be ver se in default; re s (b) makes false statement or presentation to the licensing ht rig authority regarding the obligations of the licensee ll .A a under subsection (1), ni za commits an offence, and on conviction shall be liable to a fine an fT of not less than twenty million shillings. to en [s. 36] n m er ov 47. [Repealed by Act No. 7 of 2017 s. 16.] G Repealed 25 [s. 37] 20 © Repealed 48. [Repealed by Act No. 7 of 2017 s. 16.] [s. 38] 331 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] DIVISION B Special Mining Licence and Mining Licence (i) Applications for Special Mining Licence and Mining Licence . AG Applicants 49.–(1) Subject to section 52 or 60, the holder of a prospecting O Act No. licence hereinafter in this Division of this Part referred to as an of 23 of 2015 s. 40 n io “entitled applicant” is entitled- s is m (a) on application to the Commission, pursuant to er tp section 51, to the grant of a special mining licence; ou ith (b) on application to the Commission, pursuant to w ed section 59, to the grant of a mining licence, ut rib for the mining within the prospecting area of minerals to st di which the prospecting licence applies. or ed (2) Where a person who is not an entitled applicant has uc od made an application to the licensing authority for a special pr re mining licence or mining licence in the prescribed form and be ay tendered the prescribed fee, the application shall be registered m ok immediately in the Register maintained for such applications bo in accordance with this Act. is th of (3) The application registered under subsection (2) shall rt pa be assigned a number, date and time at which it was received o .N and shall be indicated on an official receipt and handed to the d ve applicant or his authorised agent or sent to the applicant by r se re registered mail. s ht rig (4) Every applicant applying for a special mining licence or ll .A a mining licence under the provisions of this Act shall submit a ni copies of his application to such persons as the Minister may za an prescribe in the regulations. fT to [s. 39] en n m er 50. [Repealed Act No. 23 of 2015 s. 41.] ov Repealed G [s. 40] 25 20 © 332 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (ii) Special Mining Licence Application for 51.–(1) An application for a special mining licence shall be in special mining licence the prescribed form and accompanied by the prescribed fee. Acts Nos (2) In addition to the requirements in subsection (3), an . AG 23 of 2015 s. 42 application for a special mining licence shall identify the O 7 of 2017 s. 17 of relevant prospecting licence and provide a full description n io s is of the land within the prospecting area for which the special m er mining licence is sought and a plan of the proposed mining tp ou area drawn in the manner and showing particulars as the ith w Commission may reasonably require. ed ut (3) Every application for a special mining licence shall rib st include or be accompanied by- di or (a) a statement of the period for which the licence is sought; ed uc (b) a comprehensive statement by the applicant, so far as od pr he knows, of the mineral deposits in the proposed area, re be and details of all known minerals proved, estimated or ay m inferred, ore reserves and mining conditions; ok bo (c) the proposed programme for mining operations, is th including a forecast of capital investment, the estimated of rt recovery rate of ore and mineral products, and the pa o proposed treatment and disposal of ore and minerals d .N recovered; ver se (d) proposed plan for relocation, resettlement and re s ht Cap. 113 compensation of people within the mining areas in rig accordance with the Land Act; ll .A a (e) the applicant’s environmental certificate issued in terms ni za an Cap. 191 of the Environmental Management Act; fT (f) details of expected infrastructure requirements; to en (g) the procurement plan of goods and services available n m er in the United Republic; ov G (h) proposed plan with respect to the employment and 25 20 Cap. 366 training of citizens of Tanzania and succession plan for © expatriate employees, if any, as may be required by the Employment and Labour Relations Act; (i) a statement of integrity pledge in a prescribed form; 333 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (j) local content plan; and (k) such other information as the Minister may reasonably require for the disposal of the application. (4) An application under this section shall be submitted to the Commission. . AG O [s. 41] of n io s

52.–(1) Where upon satisfying itself that the applicant for is Grant of special m er mining licence special mining licence complies with all requirements, the tp Act No. ou 7 of 2017 s. 18 Commission shall submit the application with all relevant ith w documents to the Minister for tabling to the Cabinet for ed ut approval. rib st (2) Upon approval by the Cabinet, the Commission shall grant di or a special mining licence to the applicant of the minerals licence ed uc in respect of the area of the land requested in application where- od pr (a) it is established, or may be reasonably inferred, that there re be are sufficient deposits or reserves of minerals proposed ay m to be mined to justify their commercial exploitation; ok bo (b) the area of land over which the licence is sought is is th not in excess of the area reasonably required to carry of rt out the applicant’s proposed programme for mining pa o operations and shall cover only that area required for d .N surface mining and treatment facilities, and proved, ver se indicated and inferred reserves; re s (c) judged by international standards of good mining ht rig practice, the applicant’s proposed programme for ll .A a mining operations would ensure the efficient and ni za beneficial use of the mineral resources of the area over an fT which the licence is sought; to en (d) taking account of the size and nature of the proposed n m er mining operations, the applicant’s proposals for the ov G employment and training of citizens of Tanzania and 25 20 succession plan on expatriate employees and plan for © procurement of goods and services available in the United Republic are adequate; and 334 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (e) the applicant is not in default in respect of any of the obligations under his prospecting licence. (3) Notwithstanding subsection (2)(e), the Commission shall not reject an application for the grant of a special mining licence on the grounds that the applicant is in default without . AG O first serving on the applicant a notice giving particulars of of n the default and requiring the applicant within a reasonable io s is time specified in the notice to remedy the default or, where a m er tp default is not capable of remedy, the applicant has not offered ou in respect thereof reasonable compensation. ith w (4) In the event that an application for a special mining ed ut rib licence made by an applicant is rejected by the Commission on st di the grounds that the application does not satisfy one or more of or ed the requirements set forth in subsection (2), the Commission uc od shall cause a notice to be served on the applicant giving full re pr particulars in respect of which the applicant fails to satisfy be those requirements. ay m (5) The Commission shall give notice to an applicant to ok bo which subsection (2) refers, of his decision on the application, is th and, if he intends to grant it, on the terms and conditions of the of rt special mining licence. pa o .N (6) Where within sixty days of the service of such notice, d ve the applicant fails to inform the Commission of his acceptance r se re of the proposed special mining licence, his application shall be s ht deemed to have lapsed. rig ll [s. 42] a.A ni za

53. A special mining licence granted to an entitled applicant an Duration of fT special mining shall be for the estimated life of the ore body indicated in the to licence en feasibility study report, or such period as the applicant may n m er request whichever period is shorter. ov G [s. 43] 25 20 © Content of special 54. A special mining licence shall- mining licence (a) state names, physical and postal address, and status of the licence holder; 335 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) state the date of the grant of the licence and the period for which it is granted; (c) include a description and plan of the area of land over which it is granted; (d) state conditions on- . AG O (i) the programme of mining operation; of n (ii) the environmental management plan; io s is (iii) the employment and training of citizens of m er tp Cap. 366 Tanzania and succession plan, as required by the ou Employment and Labour Relations Act; ith w (iv) other matters as may be required; and ed ut rib (v) the procurement plan of goods and services st di available in the United Republic. or ed [s. 44] uc od pr

55.–(1) The holder of a special mining licence may, at any time re Renewal of be special mining not later than one year before the expiry of that licence, apply ay licence m Act No. to the Commission for the renewal of his licence in respect of ok 7 of 2017 s. 19 bo all or any part of the mining area. is th (2) An application for renewal shall be in the prescribed of rt form, accompanied by the prescribed fee and include- pa o (a) a statement on the implementation of the conditions d .N of licence; ver se (b) a statement of the period not exceeding the estimated re s life of the ore body for which the renewal is sought; ht rig (c) details of- ll .A a (i) the latest proved, estimated and inferred ore ni za reserves; an fT (ii) the capital investment to be made in, and to en production costs and revenue forecasts in respect n m er of, the period of renewal; ov G (iii) any expected changes in methods of mining 25 20 and treatment; © (iv) any expected increase or reduction in mining activities and the estimated life of the mine; 336 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (d) a proposed programme of mining operations for the period of renewal; (e) an environmental certificate, issued under the Cap. 191 Environmental Management Act; in respect of operations to be conducted during the renewal period; and . AG O (f) if the renewal is sought in respect only of part of the of n mining area, a plan identifying that part. io s is (3) An application for renewal shall be referred to m er tp the Commission. ou (4) Save as provided in subsection (5), on an application ith w duly made under this section, a special mining licence shall ed ut rib be renewed by the Commission for a period not exceeding the st di estimated life of the remaining ore body and the Commission or ed may, subject to any relevant development agreement and uc od after consultation with the applicant, renew the licence with re pr variation of conditions of the licence. be (5) The Commission may reject an application for renewal ay m after taking account of any relevant stipulation in a development ok bo agreement where- is th (a) the applicant is in default, provided that the Commission of rt shall not reject an application on the grounds that the pa o .N applicant is in default without first serving on the d ve applicant a notice giving particulars of the default r se re and requiring the applicant within a reasonable time s ht specified in the notice to remedy the default or, where a rig ll default is not capable of remedy, requiring the applicant .A a ni to offer in respect thereof reasonable compensation; za an (b) the development of the mining area has not proceeded fT to with reasonable diligence; en m (c) minerals in workable quantities do not remain to n er be produced; ov G (d) the programme of intended mining operations will 25 20 not ensure the proper development of the mineral © resources of the mining area and their recovery in accordance with good mining practice; 337 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (e) the applicant has not included in his application for renewal, the relevant environmental certificate issued Cap. 191 under the Environmental Management Act in respect of operations to be conducted during the period of renewal. . AG O [s. 45] of n io s

56. A special mining licence confers on the holder the exclusive is Rights of holder m er of special mining right, subject to this Act and the regulations, to carry on tp licence ou mining operations in the mining area for minerals as specified ith w in the licence, and for that purpose the holder, his servants and ed ut agents may, in particular- rib st (a) enter on the mining area and take all reasonable di or measures on or under the surface for the purpose of ed uc facilitating and undertaking his mining operations; od pr (b) erect the necessary equipment, plant and buildings re be for the purposes of mining, transporting, dressing or ay m treating the mineral recovered by him in the course of ok bo mining operations; is th (c) subject to the payment of royalties in accordance with of rt this Act and the regulations, dispose of any mineral pa o product recovered; d .N (d) stack or dump any mineral or waste products in a ver se manner provided for in his environmental management re s plan and the regulations, ht rig and may prospect within the mining area for any mineral ll a.A specified in the licence. ni za [s. 46] an fT to en Obligations of 57.–(1) Subject to the provisions of this Act and the regulations, m holder of special n the holder of a special mining licence shall, as a condition of er mining licence ov the licence- G Act No. 25 23 of 2015 s. 43 (a) commence mining activities within eighteen months 20 © or such other further period as the licensing authority may allow from the date of grant of a licence and carry on mining operations in substantial compliance 338 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] with the programme of mining operations and an environmental management plan; (b) employ and train citizens of Tanzania and implement succession plan on expatriate employees in accordance with his proposals as appended to the special . AG O mining licence; of n (c) demarcate and keep demarcated in the prescribed io s is manner the mining area; m er tp (d) prepare and update mine closure plans for making safe ou the mining area on termination of mining operations ith w in a manner as prescribed in the relevant regulations; ed ut rib and st di (e) implement proposed plan for relocation, settlement or ed Cap. 113 and payment of compensation to people within the uc od mining area in accordance with the Land Act. re pr (2) The Minister shall, after consultation with the be Commission, provide for the posting of a rehabilitation bond, ay m as provided for in the regulations, to finance the costs of ok bo rehabilitating and making safe the mining area on termination is th of mining operations where the holder of the special mining of rt licence has failed to meet his obligations under subsection pa o .N (1)(d) relating to the mine closure plan or updated mine d ve closure plan. r se [s. 47] re s ht rig

58.–(1) The holder of a special mining licence may make ll Amendment of a.A special mining amendments to- ni za licence by holder (a) the programme of mining operations; an fT (b) the programme for the employment or training of to en citizens of Tanzania. n m er (2) Particulars of the amendments, including, where ov G appropriate, particulars of any significant impacts to the 25 20 environment that any amendment could endanger, shall be © served on the Minister and, subject to subsection (3) and (4), the amendment shall have effect when so served. 339 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (3) An amendment which substantially alters any provision which forms part of the conditions of the licence, shall not take effect without the express approval of the Minister and where any such amendment appears to the Minister to make such a substantial alteration, he shall refer the amendment to the . AG O Commission for its advice. of n (4) On receiving the advice of the Commission, the io s is Minister shall within thirty days and, subject to any relevant m er tp development agreement, determine whether or not to approve ou the amendment and, if he decides to approve the amendment, ith w the terms and conditions if any, on which such approval is ed ut rib granted, shall be complied with. st di [s. 48] or ed uc (iii) Mining Licence od pr re

59.–(1) An application for a mining licence for minerals be Application for ay mining licence shall be made to the Commission in the prescribed form and m Acts Nos. ok 7 of 2017 s. 20 accompanied by the prescribed fee. bo 8 of 2020 s. 48 is (2) Every application under this section shall- th of (a) identify the relevant prospecting licence; rt pa (b) describe the area, not exceeding the maximum area o .N prescribed over which a mining licence is sought, and d ve be accompanied by a sketch plan in sufficient detail to r se re enable the Commission to identify the area; s ht rig (c) describe the mineral deposits in the proposed area; ll .A (d) include a feasibility study which should set out- a ni za (i) the proposed programme of mining operations an fT including such measures as the applicant proposes to to take in relation to any adverse impacts to the en m environment; n er ov (ii) the estimated recovery rate of ore and the applicant’s G 25 proposals for its treatment and disposal; and 20 © (iii) the applicant’s estimate of the quantity of minerals to be produced for sale annually; (e) state the duration, not exceeding ten years, for which the mining licence is sought; 340 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (f) append a plan on employment and training of Tanzanians and succession plan on expatriate employees in Cap. 366 accordance with the Employment and Labour Relations Act as appended to the special mining licence; (g) include a statement giving particulars of financial and . AG O technical resources available to the applicant; of n (h) submit a procurement plan of goods and services io s is available in the United Republic; m er tp (i) include a statement of integrity pledge in a prescribed ou form; ith w (j) include a Taxpayer Identification Number (TIN) issued ed ut rib by the Tanzania Revenue Authority; st di (k) include a valid Tax Clearance Certificate issued by the or ed Tanzania Revenue Authority; uc od (l) include a local content plan; and re pr (m) include such further information as the Commission be may require for disposing of the application. ay m [s. 49] ok bo is th Grant of mining 60.–(1) The Commission shall grant an application for a of licence rt mining licence for minerals which has been properly made pa o under section 59 and a successful application for a mining d .N licence made under section 82, unless- ver se (a) the applicant is a person to whom section 9 applies; re s (b) the area in respect of which a mining licence is sought ht rig is in excess of the area required to mine the deposits ll .A a identified by the applicant; ni za (c) employment and training programme for citizens of an fT Tanzania and succession plan on expatriate employees to en in accordance with his proposals is not satisfactory; n m er (d) the applicant is or was in default in respect of any other ov G mineral right and has failed to rectify such fault; 25 20 (e) the applicant is not an entitled applicant, and- © (i) the area of land for which the applicant has made application or part of it is subject to another mineral right, other than a prospecting licence for building materials or gemstones; 341 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (ii) the area of land for which application has been made, or part of it, covers or includes an area designated by the Minister under section 17 as an area reserved for prospecting and mining operations by persons holding primary licences to . AG O mine minerals; of n (iii) the area of land for which application has been io s is made covers or includes an area of land for which m er tp application has been made by another person who ou has priority over the applicant under section 15; ith w (iv) except in a case of an application made in ed ut rib accordance with section 82, the area of land for st di which application has been made, or part of or ed it, covers or includes an area designated by the uc od Minister under section 16 as an area in respect of re pr which applications for the grant of a mineral right be have been or will be invited by tender; ay m (v) financial and technical resources available to the ok bo applicant are not adequate for the conduct of is th mining operations; and of rt (vi) the applicant has not included in an application pa o .N for mining licence the relevant environmental d ve certificate issued under the Environmental r se re Cap. 191 Management Act. s ht (2) The maximum initial period for which a mining licence rig ll may be granted is ten years but the licence may be renewed as a.A ni provided in section 63. za an [s. 50] fT to en

61. A mining licence confers on the holder the exclusive right, m Rights of holder n er of mining subject to this Act and the regulations, to carry on mining ov licences G operations in the mining area for the stated minerals, and 25 20 for that purpose the holder, his servants and agents may, © in particular- 342 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (a) enter on the mining area and take all reasonable measures on or under the surface for the purpose of facilitating and undertaking his mining operations; (b) erect the necessary equipment, plant and buildings for the purposes of mining, transporting, dressing or . AG O treating the mineral recovered by him in the course of of n mining operations; io s is (c) subject to payment of royalties in accordance with m er tp this Act and the regulations, dispose of any mineral ou product recovered; ith w (d) stack or dump any mineral or waste product in a ed ut rib manner provided for in the applicable regulations; and st di (e) employ and train citizens of Tanzania and implement or ed Cap. 366 succession plan on expatriate employees in accordance uc od with the Employment and Labour Relations Act, re pr and may prospect within the mining area for any minerals be other than gemstones. ay m [s. 51] ok bo is

62. Subject to the provisions of this Act and the regulations, th Obligations of of holder of mining the holder of a mining licence shall- rt pa licences o Act No. (a) commence mining operations within eighteen months d .N 23 of 2015 s. 44 and develop the mining area in substantial compliance ver se with the programme of mining operations with due re s diligence; ht rig (b) demarcate and keep demarcated in the prescribed ll a.A manner the mining area; ni za (c) take all appropriate measures for the protection of the an fT environment in accordance with the Environmental to Cap. 191 en Management Act; n m er (d) implement the proposed plan for relocation, resettlement ov G Cap. 113 of, and payment of compensation to people within the 25 20 mining areas in accordance with the Land Act; © (e) employ and train citizens of Tanzania and implement the Cap. 366 succession plan on expatriate employees in accordance with the Employment and Labour Relations Act; and 343 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (f) implement plan for procurement of goods and services available in the United Republic. [s. 52] Renewal of 63.–(1) The holder of a mining licence may, not later than . AG mining licence six months prior to expiry date of the licence, apply to the O of Commission for a renewal of his licence. n io s (2) An application for renewal shall be in the prescribed is m er form, accompanied by the prescribed fee and Tax Clearance tp ou Certificate issued by the Tanzania Revenue Authority in respect ith w of operations to be conducted during the renewal period. ed ut (3) On an application made under this section, the rib st Commission shall renew the mining licence for the period for di or which application has been made, but not exceeding ten years, ed uc unless- od pr (a) the applicant is in default, provided that, the licensing re be authority shall not reject an application to renew a ay m mining licence on the grounds that the holder is in ok bo default, without first serving on the holder a notice is th specifying particulars of the default and requiring the of rt holder to remedy the default within the time specified pa o in the notice; d .N (b) the development of the mining area has not proceeded ver se with reasonable diligence; re s (c) minerals in workable quantities do not remain to be ht rig produced; or ll .A a (d) the applicant has failed to conduct mining operations in ni za the mining area in strict compliance with the applicable an fT regulations relating to safety and environmental to en management. n m er [s. 53] ov G 25 20 © 344 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] DIVISION C Primary Mining Licences Application for 64.–(1) A person not disqualified under section 9, may apply primary mining to the Commission for the grant of a primary mining licence. . AG licence O Acts Nos. (2) Every such application shall- of 23 of 2015 s. 45 n (a) be in the prescribed form and accompanied by the io 7 of 2017 s. 21 s is prescribed fee; m 8 of 2020 s. 49 er (b) describe the area not exceeding the prescribed tp ou maximum area over which a primary mining licence ith w is sought, and be accompanied by a sketch plan with ed ut rib sufficient details to enable the Commission to identify st di the area; or ed (c) be accompanied by Taxpayer Identification Number uc od (TIN) issued by the Tanzania Revenue Authority; re pr (d) include a statement of integrity pledge in a prescribed be form; and ay m (e) include a local content plan. ok bo (3) An application for a primary mining licence shall is th contain- of rt (a) in the case of an individual, his full name and pa o .N nationality, physical and postal addresses and attach an d ve identification card such as his national identity card, r se passport, driving licence or voter’s registration card; re s ht (b) in the case of a body corporate, its corporate name, rig ll place of incorporation, names and the nationality of its a.A ni directors including copies of their identity cards; za an (c) in the case of more than one person, the particulars fT to referred in paragraphs (a) and (b); and en m (d) environmental investigations and social study and n er an environmental protection plan as described in the ov G relevant regulations. 25 20 (4) A primary mining licence shall confer on the holder the © right to prospect for and mine minerals as provided for in this Division of this Part. [s. 54] 345 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Grant and validity 65.–(1) The Commission shall grant an application for a of primary mining licence primary mining licence which has been properly made under Acts Nos. section 64, unless- 23 of 2015 s. 46 7 of 2017 s. 4 (a) the applicant is or was in default in respect of any other mineral right and has failed to rectify such default; . AG 6 of 2019 s. 23 12 of 2022 s. 33 O (b) the area for which application has been made or part of of n it covers or includes an area which is- io s is (i) subject to another mineral right or an area which m er tp section 8(3) relates; ou (ii) an area designated by the Minister under ith w section 17 as an area reserved for prospecting and ed ut rib mining operations by persons holding primary st di mining licences; or ed (iii) an area designated by the Minister under section uc od 16(2)(a) as an area in respect of which applications re pr for the grant of a mineral right have been, or will be be, invited by tender. ay m (2) A primary mining licence granted under this section ok bo shall be valid for a period of seven years and may be renewed is th under section 66. of rt (3) A primary mining licence to mine minerals granted pa o .N under this section shall confer on the holder the exclusive d ve right, subject to this Act and the regulations including the r se re regulations applicable to safety and the protection of the s ht environment, to carry on prospecting and mining operations rig ll in the mining area, and for that purpose the holder, his servants .A a ni and agents (being persons not disqualified under section 9(2) za an from holding a primary mining licence) may, in particular- fT to (a) enter on the mining area and take all reasonable en m measures on or under the surface for the purpose of n er mining operations; ov G (b) erect the necessary equipment, plant and buildings 25 20 for the purpose of mining, transporting, dressing or © treating the minerals recovered by him in the course of mining operations; 346 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (c) subject to payment of royalties in accordance with this Act and the regulations, dispose of any mineral recovered to a holder of a dealer’s or broker’s licence; (d) stack or dump any mineral or waste product in compliance with the applicable regulations; and . AG O (e) carry on prospecting operations in the mining area. of n (4) Notwithstanding subsection (2), a primary mining io s is licence issued for mining sand and other fast depleting m er tp building materials shall be valid for a period of one year and ou may be renewed in accordance with section 66, ith w (5) A holder of a primary mining licence shall commence ed ut rib mining operations within a period of six months or such other st di period as a licensing authority may permit from the date of the or ed grant of the licence. uc od re pr [s. 55] be Renewal of 66.–(1) Not later than three months before the expiry date ay m primary mining of primary mining licence, the holder may apply to the ok licence bo Act No. Commission for renewal of the licence. is 8 of 2020 s. 50 th (2) An application made under subsection (1) shall be in of rt the prescribed form and accompanied by the prescribed fee, pa o Taxpayer Identification Number and valid Tax Clearance d .N Certificate issued by the Tanzania Revenue Authority in respect ver se of operations to be conducted during the renewal period. re s (3) The Commission shall, upon receipt of an application ht rig under subsection (1), grant or refuse the application for ll .A a renewal of the licence. ni za (4) An application for renewal of the licence under this an fT section may be refused where- to en (a) the applicant is in default; n m er (b) the development of the mining area has not proceeded ov G with due diligence; 25 20 (c) minerals in workable quantities do not remain to be © produced; and (d) the applicant has failed to conduct mining operations in the mining area in strict compliance with the applicable 347 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] regulations relating to safety and environmental management: Provided that, the licensing authority shall not reject an application to renew a primary mining licence on the grounds that the holder is in default, without first serving on the holder . AG O a notice specifying particulars of the default and requiring of n the holder to remedy the default within the time specified in io s is the notice. m er [s. 56] tp ou ith w Allocation of 67.–(1) Primary mining licences in an area designated under ed ut primary mining section 17 shall be allocated in accordance with a scheme of rib licences to mine st allocation provided for by the regulations, and no application di in exclusive or primary area for any such licence may be made under section 64. ed uc (2) A scheme of allocation made under the regulations od pr pursuant to this section shall make provision for the renewal re be amalgamation and conversion of such primary mining licences ay m in the designated area. ok bo [s. 57] is th of

68.–(1) The holder of one or more primary mining licences rt Conversion of pa primary mining may- o .N licences to (a) at any time before the licences expire; d mining licences ver Act No. se (b) where the holder has tendered the prescribed fee, is not re 23 of 2015 s. 47 in default and has provided particulars which would be s ht rig required in an application under section 59 as the case ll .A may be, a ni za apply to the Commission to convert the licence or licences to an fT a mining licence. to en (2) An application made in accordance with subsection (1) n m shall be processed by the Commission and the mining licence er ov shall be granted by the Commission. G 25 (3) When granting the licence under this section the 20 © remaining period of the former licences shall not be taken into account. [s. 58] 348 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] DIVISION D Mineral Processing, Smelting and Refining Mineral right 69. The mineral right holder shall be required to set aside holder to set . certain amount of minerals at such percentage as the Minister AG aside minerals O for processing, may, after consultation with the mineral right holder and the of n smelting or Commission, determine for processing, smelting or refining io s refining is within the United Republic. m er tp [s. 59] ou ith w

70.–(1) A person who is not entitled to process minerals in any ed Application and ut grant of licence area within or outside the area subject to a mineral right may rib for processing st apply to the Commission for a licence for processing minerals. di minerals or (2) An application under subsection (1) shall be made in ed uc the prescribed form and accompanied by- od pr (a) prescribed fee; re be (b) environment management plan as described in relevant ay m regulations; ok bo (c) process plant layout; is th (d) procurement, haulage and processing inputs plan; of rt (e) compensation, relocation and resettlement plan, if pa o required; and d .N ve (f) such other documents and information as may be r se required by the licensing authority. re s ht (3) The Commission shall, if satisfied with the content of rig the application under subsection (2), register the applicant and ll .A a issue the licence upon such terms and conditions as may be ni za an prescribed in the licence. fT (4) The processing licence issued under this section shall to en be valid for a period not exceeding ten years and be subject n m er to renewal. ov G (5) Procedures for application and granting of licence for 25 20 processing minerals under this section shall be prescribed in © the regulations. [s. 60] 349 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Application 71.–(1) A person who intends to conduct ball mill operations for primary processing licence or sluicing shall apply to the Commission for a primary Act No processing licence. 12 of 2022 s. 34 (2) A licence issued under this section shall be valid for a period of one year and may be renewable. . AG O (3) Conditions and procedures for grant of primary of n processing licence shall be as prescribed in the regulations. io s is [s. 60A] m er tp ou Application and 72.–(1) A person who wishes to smelt or refine minerals shall ith w grant of licence submit an application to that effect to the Commission for a ed for smelting or ut smelting licence or as the case may be, a refining licence. rib refining minerals st (2) The application under subsection (1) shall be made in di or the prescribed form and accompanied by- ed uc (a) prescribed fee; od pr (b) environment management plan as prescribed in re be relevant regulations; ay m (c) smelter or refinery plant layout; ok bo (d) waste disposal management plan; is th (e) compensation relocation and resettlement plan; and of rt (f) such other documents or information as may be pa o required by the licensing authority. d .N (3) The smelting licence or a refining licence issued under ver se this section shall be valid for a period not exceeding twenty re s five years and be subject for renewal. ht rig [s. 61] ll a .A DIVISION E ni za an Supplementary Provisions Affecting Mineral Rights fT to en Surrender of land 73.–(1) The holder of a mineral right who wishes to surrender n m subject to mineral er all or any part of the land subject to his licence, shall apply ov right G to the licensing authority not less than three months before 25 20 the date on which he wishes the surrender to have effect, for a © certificate of surrender, and, subject to subsection (3) and any relevant stipulation in a development agreement, the licensing authority shall issue to the applicant a certificate of surrender 350 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] either unconditionally or subject to such conditions relating to the surrendered land as the licensing authority may determine. (2) An application under this section shall- (a) identify the land to be surrendered and, if the application applies to only a part of the land subject to . AG O the licence, include a plan clearly identifying both the of n part to be surrendered and the part to be retained; io s is (b) state the date on which the applicant wishes the m er tp surrender to take effect; ou (c) give particulars of the operations which have been ith w carried on under the licence on the land to be ed ut rib surrendered; st di (d) be supported by such records and reports in relation or ed to those operations as the licensing authority may uc od reasonably require. re pr (3) The licensing authority shall not issue a certificate of be surrender- ay m (a) to an applicant who is in default; ok bo (b) to an applicant who fails to comply with the reasonable is th requirements of the licensing authority under of rt subsection (2); pa o .N (c) where the licensing authority is not satisfied that the d ve applicant will leave the land to be surrendered and on r se re which prospecting or mining operations have been s ht carried on in a condition which is safe, which accords rig ll with good mining practice, and, as applicable, conforms .A a ni to the requirements of the environmental management za an plan or the applicable regulations relating to safety and fT to environmental management; en m (d) in respect of any part of the land subject to the licence n er if the licensing authority is not satisfied that the land ov G which remains subject to the licence is capable of being 25 20 efficiently used or developed according to the terms of © the licence. (4) A certificate of surrender shall take effect on the date on which it is issued to the applicant. 351 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (5) Where the certificate relates to the whole of the land subject to the holder’s licence, the licence shall be cancelled with effect from the same date; in any other case, the licence shall be amended to take account of the surrender. (6) Notwithstanding the issue of a certificate of surrender, . AG O the surrender of any land shall not affect any liability incurred of n before the date on which the surrender had effect in respect io s is of the land, and any legal proceedings that might have been m er tp commenced or continued in respect of any liability against the ou holder of the licence may be commenced or continued against ith w the holder or, the former holder. ed ut rib [s. 62] st di or

74.–(1) Subject to this section, where the holder of a mineral ed Suspension and uc cancellation of right fails- od mineral right pr (a) in a material respect to comply with any requirement of re Act No. be 7 of 2017 s. 22 this Act or the regulations which are binding on him; ay m (b) to comply with a condition of the licence (not being ok bo exempted under this Act or the regulations from is th doing so); of rt (c) to comply with a direction lawfully given under this pa o Act or the regulations or with a condition on which d .N any certificate of surrender is issued or on which ver se any exemption or consent is given under this Act or re s the regulations; ht rig (d) to comply with the conditions relating to the exercise ll .A a of his rights under his licence which are contained in a ni za relevant development agreement, an fT the licensing authority may, on that ground but subject to to en subsection (2) and the provisions of any relevant development n m er agreement, by notice in writing served on the holder of the ov G licence, suspend or cancel the licence. 25 20 (2) The licensing authority shall not suspend or cancel a © licence on a ground referred to in subsection (1) unless- (a) he has first served on the holder a default notice specifying the grounds on which, under subsection (1), the licence is liable to be suspended or cancelled; 352 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) the holder has failed within a period of thirty days from the date on which the default notice was served or such longer period as the licensing authority may allow, to remedy the default specified or, where such default is not capable of being remedied, has failed to . AG O offer in respect thereof reasonable compensation; or of n (c) for matters related to licences other than primary io s is licences the matter has been referred to the Commission m er tp for advice. ou (3) The licensing authority may, by notice in writing to ith w the holder of a mineral right, cancel the relevant licence ed ut rib on the occurrence of an event which, as provided under st di section 9(1), would render that person ineligible to be granted or ed a mineral right. uc od (4) Where two or more persons constitute the licensee and- re pr (a) an event occurs of a kind referred to in section 9 in be respect of one or more but not all of those persons; or ay m (b) one or more, but not all, of those persons fails ok bo to comply with an obligation which, under the is th terms and conditions of the licence or a relevant of rt development agreement, is a several obligation, the pa o .N licensing authority shall not suspend or cancel the d ve licence, but may serve on any such person, in this r se re section referred to as an “affected person”, a notice of s ht compulsory assignment requiring the affected person rig ll unconditionally, without consideration and free from .A a ni any encumbrance, to assign to the licence holders who za an are not affected persons, in this section referred to as fT to “unaffected persons”, the entire interest in the licence en m held by the affected person. n er (5) For the purposes of subsection (4), the affected person ov G shall make such assignment to the unaffected persons in 25 20 undivided shares in proportion to the undivided shares © in which the unaffected persons hold the licence, and the unaffected persons shall be obliged to accept such assignment. 353 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (6) The provisions of subsection (2) and (3) shall apply to a proposal to serve on an affected person a notice of compulsory assignment as they apply to a notice suspending or cancelling a licence. (7) On the cancellation of a licence or a compulsory . AG O assignment under this section, the rights of the holder, or as of n the case may be the affected person, cease, but the cancellation io s is or compulsory assignment does not affect any liability m er tp incurred before the cancellation or assignment, and any legal ou proceedings that might have been commenced or continued ith w against the former holder may be commenced or continued ed ut rib against him. st di [s. 63] or ed uc

75.–(1) The holder of a mineral right who wishes to abandon all od Abandonment of land subject to pr or any part of the land subject to licence shall apply to the Chief re mineral rights be Inspector, not later than ninety days before the date on which ay m he wishes the abandonment to have effect, for a certificate ok bo of abandonment. is th (2) Subject to this section, the Chief Inspector shall of rt issue to the applicant a certificate of abandonment either pa o unconditionally or subject to such conditions relating to the d .N abandoned land as the Chief Inspector may determine. ver se (3) An application under this section shall - re s (a) identify the land to be abandoned and, if the application ht rig applies to only a part of the land subject to the licence, ll .A a shall include a plan clearly identifying both the part to ni za be abandoned and the part to be retained; an fT (b) state the date on which the applicant wishes the to en abandonment to take effect; n m er (c) give particulars of the operations which have been ov G carried on under the licence on the land to be 25 20 abandoned; and © (d) be supported by such record and reports in relation to those operations as the Chief Inspector may reasonably require. 354 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (4) A certificate of abandonment shall take effect on the date on which it is granted to the applicant, and- (a) where the certificate relates to the whole of the land subject to the holder`s licence, the licence shall be cancelled with effect from the same date; and . AG O (b) in any other case, the licence shall be amended to take of n account of the abandonment. io s is (5) The abandonment of any land does not affect any liability m er tp incurred before the date on which the abandonment has effect ou in respect of the land, and any legal proceedings that might ith w have been commenced or continued in respect of any liability ed ut rib against the applicant for the certificate may be commenced or st di continue against that applicant. or ed [s. 64] uc od pr

76.–(1) A person who is aggrieved by a decision of the re Appeals be Act No. Commission for suspension or cancellation of mineral rights ay 23 of 2015 s. 48 m may, within sixty days from the date of the decision, file an ok bo application for judicial review to the High Court. is th (2) Procedures for lodging complaints and appeals under of rt this Act shall be prescribed in the regulations. pa o [s. 65] d .N ver se Penalty for failure 77.–(1) Where the holder of a mineral right fails to pay annual re to pay royalty rent, royalty or to make payment in lieu of royalty payable s ht rig by him under this Act or the regulations, shall, after ninety ll .A days from the date upon which such amount becomes due, in a ni za addition to the amount payable by him, pay a penalty- an fT (a) in case of an individual person, twenty-five per centum to en of the amount which is due; and n m (b) in case of a body corporate, fifty per centum of the er ov G amount which is due. 25 (2) The liability to pay penalties under this section shall not 20 © exempt any person from any other liability under this Act. (3) Any unpaid annual rent, royalty or payment in lieu of royalty, shall be a debt which shall be recovered in a court of competent jurisdiction. [s. 66] 355 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Extension 78. Where the holder- of mineral rights during (a) of a mineral right applies, during the currency of that applications mineral right for a renewal of the licence in respect of that mineral right; (b) of a prospecting licence applies, during the currency of . AG O that licence, for a mineral right to which he is entitled, of n the current licence shall remain in force until- io s is (i) the date of the renewal or grant of the licence for m er tp which application is made; or ou (ii) the application is refused. ith w [s. 67] ed ut rib st

79.–(1) The holder of mineral right may apply to the licensing di Enlargement of or mineral right authority for the enlargement of the area for which his licence ed uc is granted and the licensing authority may, subject to subsection od pr (2) and (3) and any relevant development agreement, approve re be the application or refuse to do so. ay m (2) Subject to the provisions of subsection (1), the licensing ok bo authority shall not approve an application under this section is th unless the land in respect of which the application is made of rt is a vacant area which is not part of a reserved area and the pa o relevant area shall not, as enlarged, exceed the maximum area d .N prescribed in accordance with section 81. ver se (3) An approval under this section may be given unconditionally re s or subject to such conditions as the licensing authority may ht rig determine and any such conditions shall be specified in the ll .A a document signifying the licensing authority’s approval. ni za (4) An approval under this section, together with any an fT conditions to which it is subject, shall be endorsed on the to en applicant’s licence and the licence shall be deemed to be n m er amended in accordance with the endorsement. ov G [s. 68] 25 20 © Holder of certain 80.–(1) The holder of a mineral right other than a mineral mineral right suspending right under Division A shall, within two weeks prior to the mining date of suspension, notify the licensing authority if he intends operations to suspend production from the mining area. 356 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) Such notification shall be accompanied by a report giving details of the intended suspension, the reasons thereof and the duration of such suspension. (3) On receiving notification under subsection (1) or, if he otherwise becomes aware of a cessation or suspension, the . AG O licensing authority shall cause the matter to be investigated and- of n (a) in any case in which the cessation or suspension has io s is been caused by an event beyond the reasonable control m er tp of the holder, shall give his approval to the cessation or ou suspension for so long as that event continues to affect ith w mining operations or processing operations; or ed ut rib (b) in any other case, after reference to the Commission and st di subject to any relevant stipulations in a development or ed agreement, shall- uc od (i) where it is fair and reasonable to do so, give his re pr approval to the cessation or suspension; or be (ii) otherwise direct the holder to continue mining ay m operations in substantial compliance with the ok bo programme of mining operations or processing is th operations. of rt (4) A person who fails to comply with the requirement or pa o .N direction given under this section shall be deemed to be in d ve default, and the licensing authority may, in addition to other r se re penalties under this Act, cancel the licence in accordance with s ht the provisions of this Act. rig ll [s. 69] .A a ni za

81. The maximum area for which a mineral right may be an Maximum area fT for mineral right granted shall be prescribed and for that purpose the regulations to en may prescribe different maximum areas for different minerals n m er and in respect of different mineral rights. ov G [s. 70] 25 20 © Allocation of 82.–(1) An application for a mining licence in an area mining licence by tender designated as an area in which applications for the relevant licence are invited by tender shall be- (a) in the prescribed tender form; 357 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) accompanied by the prescribed tender fee; and (c) subject to the terms and conditions of the invitation to tender, shall include the matters required to be included in applications of Division B of this Part. (2) All applications under this section shall be referred to . AG O the Commission for its advice. of n (3) On receipt of a report from the Commission, the io s is Minister shall consider the competing bids and shall select m er tp the bid which in his opinion will be most likely to promote ou the expeditious and beneficial development of the mineral ith w resources of the area having regard to- ed ut rib (a) the programme of prospecting or as the case may st di be, mining operations which the applicant proposes or ed to carry out and the commitments as regards to uc od expenditure which the applicant is prepared to make; re pr (b) the financial and technical resources of the applicant; be and ay m (c) the previous experience of the applicant in the conduct ok bo of prospecting and mining operations. is th (4) The successful application under this section shall be of rt treated as an application under section 59 which has priority pa o .N over any other application. d ve [s. 71] r se re s

83.–(1) Where over a continuous period, not being less than ht Termination of rig mining licence three years, the holder of a mining licence has in each year of ll .A where production a production recovered less than fifty per centum of- ni is insufficient za (a) in the case of the holder of a mining licence for minerals an fT specified in the licence, the quantity of minerals which to en should have been recovered under the estimated n m er recovery rate specified in his feasibility study submitted ov G in accordance with section 59, or 25 20 (b) the shortfall in the quantities recovered has not been © caused by events beyond the reasonable control of the holder and the continuous period does not include any period during which the Commission under 358 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] section 80, has approved the cessation or suspension of production, the Commission may terminate the licence. (2) The Commission shall, upon termination of the mining licence under subsection (1), notify the licence holder in writing . AG O requiring him to cease the operations with effect from the date of n specified in the notification, and pay all liabilities, including io s is employees entitlement, mine closure and environmental m er rehabilitation costs as may be necessary for the termination of tp ou mining operations. ith w [s. 72] ed ut rib st PART V di or ed LICENCES FOR DEALING IN MINERAL uc od OR MINERALS pr re be ay (i) Dealer licence m ok

84.–(1) An application for a dealer licence shall be addressed to bo Application for is dealer licence the Commission in the prescribed form and accompanied th Acts Nos. of by the prescribed fee, Taxpayer Identification Number (TIN) rt 23 of 2015 s. 49 pa 7 of 2017 s. 4(f) and a valid Tax Clearance Certificate issued by the Tanzania o .N 14 of 2019 s. 42 d Revenue Authority. ve 8 of 2020 s. 51 r se (2) The applicant under subsection (1) shall state the type of re s mineral or minerals for which the licence is sought. ht rig (3) A dealer licence shall not be granted to or held by a ll .A person who by reason of section 9(1) or (2) is not qualified to a ni za be granted a primary mining licence unless the dealer licence an fT is held by such person in undivided participating shares to en with a person or persons qualified to hold the licence under n m er section 9(1) or (2) and whose undivided participating share or ov G shares amounts to not less than twenty five per centum either 25 20 alone, in the case of one person, or in the aggregate, in the case © of more than one person. 359 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (4) For the purpose of this section, dealer licence shall be applied for any of the following mineral or minerals: (a) gold; (b) metallic minerals; (c) coloured gemstones; . AG O (d) diamond; of n (e) coal; io s is (f) industrial minerals; and m er tp (g) building materials. ou [s. 73] ith w ed ut

85.–(1) An applicant for a dealer licence whose application rib Grant of dealer st licence was properly made as provided in section 84 shall be entitled di or to the grant of a dealer licence for which he has applied unless- ed uc (a) he has previously held a dealer licence and- od pr (i) is not entitled to renew that dealer licence as re be provided in section 86(4); or ay m (ii) has surrendered his dealer licence without ok bo sufficient reason for so doing; is th (b) he has been convicted of a criminal offence relating to the of rt buying and selling or possession of mineral or minerals. pa o [s. 74] d .N ver se Duration and 86.–(1) A dealer licence granted under section 85 shall be valid re renewal of dealer for a maximum period of twelve months from the date of issue, s ht licence rig Act No. and shall expire on the 30th June of each year. ll .A 8 of 2020 s. 52 (2) A holder of a dealer licence may, not less than one month a ni za from the date on which his licence or any renewal thereof an fT would expire, apply in the prescribed form, accompanied by to en the prescribed fee, for a renewal of the licence. n m (3) An application made under subsection (2) shall be er ov G accompanied by Taxpayer Identification Number (TIN) and 25 valid Tax Clearance Certificate issued by the Tanzania Revenue 20 © Authority and evidence of turnover for the last ten months or less immediately following the date of the application made or issued in the form of official receipt for the making of payment instead of payment of royalty. 360 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (4) The holder of a dealer licence who applies in the proper manner shall be granted a renewal of his licence for a maximum period of twelve months unless- (a) he is in default; or (b) he is disqualified from holding or renewing a dealer . AG O licence under section 84(3) or 89(2). of n [s. 75] io s is m er

87. Subject to the provisions and the regulations made under tp Rights of holder ou of dealer licence this Act, a dealer licence shall authorise the holder to- ith Act No. w 6 of 2019 s. 24 (a) buy or otherwise acquire minerals from the Mineral and ed ut Gem Houses or sell or otherwise dispose of minerals as rib st specified in the licence, and for the purpose of carrying di or on business as a dealer, have possession thereof; and ed uc (b) export minerals specified in the licence. od pr [s. 76] re be ay

88. The holder of a dealer licence shall keep full and accurate m Holder to keep ok records and records and accounts of all transactions undertaken by him as bo accounts is a dealer and such records and accounts shall be- th Acts Nos. of 23 of 2015 s. 50 (a) kept in such form and include details as may be rt pa 7 of 2017 s. 4(f) prescribed; and o .N (b) submitted to a Commission on a monthly basis. d ver se [s. 77] re s ht rig Minimum 89.–(1) The Minister, after referring the matter to the ll .A turnover Commission, may by notice in the Gazette, publish minimum a requirements ni za turnover requirements for the holder of a dealer licence. an (2) A holder of a dealer licence who in three successive fT to years of his licence fails to disclose, by production of official en m receipts for payments in lieu of royalty, evidence of a turnover n er ov of not less than fifty per centum of the minimum turnover G 25 requirement referred to in subsection (1) shall be disqualified 20 © from obtaining a renewal of his licence. [s. 78] 361 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Termination of 90. Where the holder of a dealer licence is in default, the dealer licence for default Commission may serve on the holder a default notice Acts Nos. specifying the nature of the default and if within thirty days 23 of 2015 s. 51 7 of 2017 s. 3A from the date of receipt of the default notice, the default has not been corrected, the Commission shall, by notice to the . AG O holder terminate the dealer licence. of n [s.79] io s is m er (ii) Broker Licence tp ou ith

91.–(1) An application for the grant of a broker licence shall w Application for ed broker licence be addressed to the Commission in the prescribed form and ut Acts Nos. rib be accompanied by the prescribed fee, Taxpayer Identification st 6 of 2019 s. 25 di 8 of 2020 s. 53 Number (TIN) and valid Tax Clearance Certificate issued by or ed the Tanzania Revenue Authority. uc (2) The application shall- od pr re (a) state the names and physical address of the applicant; be ay (b) state the mineral or minerals sought; m ok (c) specify the buying stations from which the applicant bo is may buy minerals; and th of (d) append two recent passport size photographs. rt pa (3) A broker licence shall not be granted to or held by a o .N person who by reason of section 9(1) or (2) is not qualified to d ve be granted a primary mining licence. r se re [s. 80] s ht rig ll .A Grant of broker 92.–(1) An applicant for a broker licence whose application a ni licence was properly made as provided under section 91 shall be za an entitled to the grant of a broker licence unless- fT to (a) he is disqualified from holding a broker licence under en m section 91(3); n er ov (b) he previously held a broker licence and was disqualified G 25 from obtaining a renewal of that licence under 20 section 93; or © (c) he has been convicted of a criminal offence relating to the buying, possession, export or selling of mineral or minerals. 362 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) A broker licence granted under this section shall be valid for a maximum period of twelve months from the date of issue, and shall expire on the 30th June of each year. [s. 81] . AG

93.–(1) A holder of a broker licence may, not less than one O Duration and of renewal of broker month from the date on which his licence or any renewal n io licence s would expire, apply in the prescribed form and on payment of is Act No. m er 8 of 2020 s. 54 the prescribed fee for a renewal of the licence. tp ou (2) A holder of a broker licence who applies in the proper ith w manner shall be granted a renewal of his licence unless- ed ut (a) he is in default; or rib st (b) he is disqualified from holding a broker licence under di or section 92(1). ed uc (3) An application for renewal under subsection (1) shall od pr be accompanied by Tax Payer Identification Number (TIN) re be and a valid Tax Clearance Certificate issued by the Tanzania ay m Revenue Authority. ok bo [s. 82] is th of

94.–(1) A broker’s licence shall authorise the holder to buy or rt Rights of holder pa of broker licence acquire gold or gemstones in a designated buying station as o .N Acts Nos. the licence may specify and to sell or dispose of minerals so d 6 of 2019 s. 26 ver 6 of 2021 s. 26 se acquired to a licensed dealer at the Mineral and Gem House. re (2) A broker’s licence shall authorise the holder a right to s ht rig buy or acquire industrial minerals and building material in the ll .A manner prescribed in the regulations. a ni za (3) A broker licence shall not authorise the holder to export an fT any mineral or minerals. to en [s. 83] n m er ov Holder to keep 95. The holder of a broker licence shall keep full and accurate G 25 records and records and accounts of all transactions undertaken by him as 20 accounts © a broker and such records and accounts shall be- (a) kept in such form and include details as may be prescribed; and (b) submitted to the Commission on expiry of his licence. [s. 84] 363 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Termination of 96.–(1) Where the holder of a broker licence is in default, broker licence for default the Commission may serve on the holder a default notice specifying the nature of the default. (2) Where within such reasonable time as the default notice may specify, the default has not been corrected, the Commission . AG O may, by notice to the holder terminate the broker licence. of n [s. 85] io s is m er

97. A person shall not be eligible for grant of a licence as a tp Prohibition ou against dealing in broker or a dealer in uranium minerals. ith certain minerals w Act No. [s. 86] ed ut 23 of 2015 s. 52 rib (iii) Minerals Import Permit1 st di or

98.–(1) A person importing metallic minerals, gemstones ed Minerals Import uc Permit except tanzanite shall make a declaration in a prescribed form od Act No. pr at the Mineral and Gem Houses or at the buying stations re 6 of 2019 s. 27 be indicating the type and quantity of minerals intended to be ay m imported and the purpose for importation. ok bo (2) A person importing diamonds, radioactive minerals, is th tin, tungsten, tantalum, shall obtain an import permit upon of rt making a declaration in a prescribed form and upon proof of pa o compliance to international conventions and obligations. d .N (3) The importer shall, upon disposal of minerals imported, ver se pay royalties and inspection fees at the rate applicable. re s (4) The importer shall comply with laws and regulations ht rig governing the importation of minerals. ll .A a [s. 86A] ni za an fT Regulations on 99.–(1) The Minister may make regulations prescribing- to importation of en (a) rights and obligations of the holder of a Minerals Import m minerals n Permit; er Act No. ov 6 of 2019 s. 27 (b) declaration forms for minerals to be imported; G 25 (c) format and content of the Minerals Import Permit; and 20 © (d) such other matters as may be required for purposes of Minerals Import Permit. 1 This subheading was added by Act No. 6 of 2019, s. 27 364 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) The Minerals Import Permit issued under this section shall be valid for such time as may be stated in the permit. [s. 86B] (iv) Lapidary Licence2 . AG O

100.–(1) A person shall not carry out lapidary activities of Lapidary licence n io Act No. without a licence issued under this sub-part. s is 14 of 2019 s. 43 m (2) A lapidary licence shall be issued in the following er tp categories: ou ith (a) large lapidary licence; and w ed (b) small lapidary licence. ut rib (3) A large or small lapidary licence shall apply to gemstones st di only. or ed [s. 86C] uc od pr re Application for 101.–(1) An application for a large lapidary licence shall be be large lapidary made to the Commission in a prescribed form and accompanied ay m licence by the prescribed fee. ok Act No. bo 14 of 2019 s. 43 (2) An application for a large lapidary licence shall contain- is th (a) names, place of business and physical address; of rt pa (b) the type of minerals for which the licence is sought; and o .N (c) any other information as may be determined by the d ve Commission, r se re and shall be appended with two recent passport size s ht photographs of the applicant. rig ll (3) A large lapidary licence shall not be granted to or held by .A a ni a person who, by reason of section 9(1) or (2), is not qualified za an to be granted a primary mining license unless the large fT to lapidary mining licence is held by such person in undivided en m participating shares with a person or persons qualified to hold n er the licence under section 9(1) or (2) and whose undivided ov G participating share or shares amount to not less than twenty- 25 20 five per centum either alone, in the case of one person, or in © aggregate, in the case of more than one person. 2 This subheading was added by Act No. 14 of 2019, s. 43 365 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (4) An applicant for a large lapidary licence shall show possession of knowledge or experience in lapidary activities or has employed a person of the requisite knowledge or experience for at least two years. [s. 86D] . AG O of

102.–(1) Subject to subsection (2), a successful applicant for a n Grant of large io s lapidary licence large lapidary licence under section 101 shall be entitled to the is m Act No. er grant of a large lapidary licence for which he has applied. tp 14 of 2019 s. 43 ou (2) Notwithstanding subsection (1), a successful applicant ith w shall not be granted a large lapidary licence where he- ed ut (a) has not surrendered any licence which previously rib st entitled him to carry out lapidary activities; di or (b) previously held a large lapidary licence and was ed uc disqualified from holding such licence; or od pr (c) has been convicted of a criminal offence in relation to re be buying, selling or possession of minerals or unlawfully ay m carrying out lapidary activities. ok bo [s. 86E] is th of

103.–(1) A large lapidary licence shall be valid for a period of rt Duration of large pa lapidary licence five years from the date of issue. o .N and renewal (2) A holder of a large lapidary licence may, not less than d Act No. ver 14 of 2019 s. 43 se six months from the date of expiry of the licence, apply for re renewal in the prescribed form and accompanied by the s ht rig prescribed fees. ll .A (3) The holder of a large lapidary licence who has failed a ni za to show evidence of transfer of lapidary skills to Tanzanians, an fT quantity and types of equipment and an annual minimum to en turnover prescribed in the regulations shall be disqualified n m from obtaining a renewal of his licence. er ov [s. 86F] G 25 20 © Rights and 104.–(1) The holder of a large lapidary licence may- obligations of holder of large (a) buy or acquire minerals specified in the licence from lapidary licence Mineral and Gem Houses or import gemstones for Act No. 14 of 2019 s. 43 value addition; 366 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) cut, polish, engrave or enhance gemstones through heat treatment for the purpose of value addition; and (c) sell, dispose of or export gems after value addition. (2) The holder of a large lapidary licence shall- (a) where the holder is a Tanzanian, acquire and utilise . AG O ten lapidary machines and where the holder is a of n foreigner, acquire and utilise thirty lapidary machines io s is for conducting lapidary activities; m er tp (b) where the holder is a foreigner, transfer lapidary skills ou and expertise to Tanzanians; ith w (c) conduct lapidary activities at the place of business ed ut rib specified in the licence; and st di (d) keep and maintain accurate records and accounts of all or ed transactions undertaken by him and such records and uc od accounts shall be- re pr (i) kept in such form and include such details as may be be prescribed in the regulations; and ay m (ii) submitted to the Commission on quarterly basis. ok bo [s. 86G] is th of rt Termination of 105.–(1) Where a holder of a large lapidary licence is in pa large lapidary o default of any conditions for which the licence was issued, .N licence d the Commission may serve on the holder a notice stating the ve Act No. r se 14 of 2019 s. 43 nature of default and require him to rectify the default within re s thirty days from the date of receipt of the notice. ht rig (2) Where the default has not been rectified within the time ll .A a prescribed in the notice, the Commission shall terminate the ni za large lapidary licence and notify the holder in writing. an fT [s. 86H] to en n m

106.–(1) An application for a small lapidary licence shall er Application for ov small lapidary G be made to the Commission in the prescribed form and 25 licence accompanied by a prescribed fee. 20 Act No. © 14 of 2019 s. 43 (2) An application for a licence under this section shall contain- (a) names, place of business and physical address; 367 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) the type of minerals for which the licence is sought; and (c) any other information as may be determined by the Commission, and shall be appended with two recent passport size . AG O photographs of the applicant. of n (3) An applicant for a small lapidary licence shall show io s is possession of knowledge or experience in lapidary activities m er or has employed a person of the requisite knowledge or tp ou experience. ith w [s. 86I] ed ut rib st

107.–(1) Subject to subsection (2), a successful applicant for di Grant of small or lapidary licence a small lapidary licence under section 106 shall be entitled to ed Act No. uc 14 of 2019 s. 43 the grant of a small lapidary licence for which he has applied. od pr (2) Notwithstanding subsection (1), a successful applicant re be shall not be granted a small lapidary licence where he- ay m (a) has not surrendered any licence which previously ok bo entitled him to carry out lapidary activities; is th (b) previously held a small lapidary licence and was of disqualified from holding such licence; or rt pa o (c) has been convicted of a criminal offence in relation to d .N buying, selling or possession of minerals or unlawfully ver se carrying out lapidary activities. re s (3) A small lapidary licence shall not be issued to a ht rig foreigner. ll .A a [s. 86J] ni za an fT Duration and 108.–(1) A small lapidary licence shall be valid for a maximum to renewal of small en period of twelve months from the date of issue, and in any case, m lapidary licence n shall expire on the 30th June of each year. er Act No. ov 14 of 2019 s. 43 (2) A holder of a small lapidary licence may, not less than G 25 one month from the date of expiry of the licence, apply for 20 © renewal in the prescribed form and accompanied by the prescribed fees. 368 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (3) In determining an application for renewal, the Commission shall consider whether the applicant- (a) has been in default of conditions of the licence; or (b) is disqualified from holding a small lapidary licence under section 107. . AG O [s. 86K] of n io s

109.–(1) The holder of a small lapidary licence may- is Rights and m er obligation of (a) buy or acquire minerals specified in the licence from tp small lapidary ou licence minerals and gem houses and buying centers; ith w Act No. (b) cut, polish, engrave minerals or enhance minerals ed 14 of 2019 s. 43 ut through heat treatment for the purposes of value rib st addition; and di or (c) sell or dispose gems to local markets within Tanzania. ed uc (2) The holder of a small lapidary licence shall- od pr (a) where the holder is a Tanzanian, acquire and utilise re be three lapidary machines for lapidary activities; ay m (b) conduct lapidary activities at the place of business ok bo specified in the licence; and is th (c) keep and maintain accurate records and accounts of all of rt transactions undertaken by him and such records and pa o accounts shall be- d .N (i) kept in such form and include such details as may ver se be prescribed in the regulations; and re s (ii) submitted to the Commission on a quarterly basis. ht rig [s. 86L] ll .A a ni za Termination of 110.–(1) Where a holder of a small lapidary licence is in an fT small lapidary default of any condition for which the licence was issued, to licence en Act No. the Commission may serve on the holder a notice stating the n m 14 of 2019 s. 43 nature of default and require him to rectify the default within er ov G thirty days from the date of receipt of the notice. 25 (2) Where the default has not been rectified within the time 20 © prescribed in the notice, the Commission shall terminate the small lapidary licence and notify the holder in writing. [s. 86M] 369 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] PART VI ROYALTIES, FEES AND OTHER CHARGES Royalties 111.–(1) Every authorised miner shall pay to the Government of . Acts Nos. AG 7 of 2017 s. 23 the United Republic a royalty on the gross value of minerals O produced under his licence at the rate- of 5 of 2022 s. 87 n 9 of 2022 s. 9 io (a) in the case of uranium, of five per centum; s 7 of 2023 s. 46 is m (b) in the case of gemstone and diamond, of six per centum; er tp (c) in the case of metallic minerals such as copper, gold, ou ith silver and platinum group minerals, of six per centum; w ed (d) in the case of gold sold at refinery centers, of four ut rib per centum; st di (e) in the case of coal used as industrial raw material, of or ed one per centum; uc od (f) in the case of phosphates ore or limestone solely and pr re directly used in manufacturing of fertilisers duly be ay certified by the Ministry responsible for industries, of m ok one per centum; bo (g) in the case of gem, of one per centum; and is th of (h) in the case of salt, one per centum; and rt pa (i) in the case of other minerals, including building o .N materials, all minerals within the industrial minerals d ve group, of three per centum. r se re (2) Notwithstanding the provisions of subsection (1), s ht rig where an authorised miner of any mineral elects to sell his ll .A production to a licensed dealer or licensed broker, the royalties a ni of such minerals shall be paid by the licensed dealer or broker za an in accordance with the provisions of this Act. fT to (3) The Minister where he considers that the realised price en m does not correspond to the price which would have been paid n er ov for the minerals if they had been sold on similar terms in a G 25 transaction at arm’s length between a seller and a buyer, may 20 © give notice to that effect to the licence holder. (4) Where such notice has been given under subsection (3), the amount of the market value shall be settled by agreement between the Minister and the licence holder or, if no agreement 370 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] is reached, the matter shall be referred for determination by an independent expert appointed in a manner prescribed in the regulations. (5) Subject to this section, samples of minerals acquired for the purposes of assay, analysis or other technical examination . AG O shall be exempted from royalty payment if the market of n value of such samples of minerals is not more than fifty io s is thousand shillings. m er tp (6) In this section- ou “gross value” means the market value of minerals as ith w determined through valuation pursuant to section 127: ed ut rib Provided that- st di (a) for the purposes of calculating the amount of royalties or ed payable, the Government shall be entitled to reject the uc od valuation if such value is steeply low on account of deep re pr negative volatility, unless the raw minerals are disposed be of for beneficiation within the United Republic; and ay m (b) where the Government rejects the valuation, shall ok bo have the option to buy the minerals at the low value is th ascertained. of rt [s. 87] pa o d .N

112.–(1) Every person who is a licensed dealer shall, in ve Payment in lieu r se of royalties accordance with the terms and conditions of his licence and re Act No. s this Act, make to the Government payment in lieu of royalty ht 7 of 2017 s. 24 rig on the gross value of any mineral specified in section 111(1)- ll .A a (a) exported by him; ni za (b) in the case of gold or any metallic minerals, sold to a an fT smelter or refinery in Tanzania; to en (c) in the case of gemstones, sold to a duly authorised n m er lapidary or jewellery maker in Tanzania; or ov G (d) in the case of industrial minerals, energy minerals and 25 20 building materials groups, sold to any user in Tanzania. © (2) One-third of the royalty payable shall be paid to the Government by depositing refined minerals equivalent to the ascertained royalty into the National Gold and Gemstone Reserve. 371 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (3) This section shall not apply where the licensed dealer is a mineral right holder who has paid royalty on the minerals in accordance with the provisions of section 111(1). (4) For the purpose of subsection (1), “gross value” has the meaning attributed to those words of section 111(6) and . AG O that provision shall apply, with the necessary variations, to of n the export or a sale of minerals by a licensed dealer as they io s is apply under section 111 to the payment of royalty by a mineral m er tp right holder. ou [s. 88] ith w ed ut

113.–(1) The Minister may, where for any reason, it is rib Provisional st assessment impractical to assess the amount of any royalty, or payment di of royalties or in lieu of royalty, assess, and the mineral right holder or as ed uc the case may be, the licensed dealer, shall be liable to pay, a od pr provisional royalty, or make a provisional payment in lieu re be of royalty. ay m (2) When, in any such case, the amount of the royalty or ok bo payment in lieu of royalty is ascertained, the mineral right is th holder or the licensed dealer shall be liable for any balance or, of rt as the case may be, repay any excess sum paid by him on such pa o provisional assessment. d .N [s. 89] ver se re

114.–(1) There shall be a sorting and valuation fee prescribed s Sorting and ht rig valuation fee in the regulations which shall be payable to the Government ll .A Act No. by a mineral right holder who sells gemstones produced or a 23 of 2015 s. 53 ni za acquired by such mineral right holder. an fT (2) The Minister shall, by notice published in the Gazette, to en prescribe the fees to be payable for purposes of sorting and n m valuation of gemstones produced or acquired by the mineral er ov G right holder. 25 [s. 90] 20 © 372 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Inspection 115.–(1) The Minister shall, for the purposes of regulating centres Acts Nos. the transportation or domestic use of mineral or minerals, 4 of 2017 s. 37 establish mineral inspection centres. 4 of 2018 s. 38 6 of 2021 s. 27 (2) Save as provided in subsection (1), inspection centres shall be established within mining areas, ports, airports, border . 7 of 2023 s. 45 AG O posts and any other areas as the Minister may prescribe. of n (3) There shall be inspection fee payable to the Government io s is by any person in possession of mineral or minerals prior to m er tp inspection for domestic use or export. ou (4) The inspection fee shall be one per centum of the gross ith w value of mineral or minerals. ed ut rib (5) This section shall not apply to salt producers and st di refineries. or ed [s. 90A] uc od pr

116.–(1) Where an authorised miner or a licensed dealer re Prohibition be on disposal fails to pay any royalty or provisional royalty, or make any ay of minerals m payment or provisional payment in lieu of royalty on or before ok bo the due date, or any extension allowed by the Minister, the is th Minister may- of rt (a) in the case of any such mineral right holder, by order pa o served on him, prohibit the disposal of any mineral d .N from the mining area concerned, or from any other ver se mining area held by that person; or re s (b) in the case of a licensed dealer, prohibit the disposal ht rig of any mineral by that dealer until all outstanding ll .A a royalties or payments in lieu of royalties have been paid ni za or until an arrangement has been made acceptable to an fT the Minister for payment thereof. to en (2) A mineral right holder, or licensed dealer, who n m er contravenes or fails to comply with an order given under ov G subsection (1), and any person who, knowing of such order and 25 20 receives any mineral the disposal of which has been prohibited, © commits an offence and on conviction shall be liable- (a) in the case of an individual, to a fine not exceeding ten million shillings or to imprisonment for a period not exceeding two years or to both; 373 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) in the case of a body corporate, to a fine not exceeding fifty million shillings; (c) in the case of a person receiving minerals knowing their disposal have been prohibited, to forfeiture of the minerals, or where the court is satisfied that the minerals so obtained . AG O by the defendant are no longer in his possession or under of n his control, to a penalty payable to the Government in io s is an amount equal to the estimated market value of the m er tp minerals for which the defendant and the mineral right ou holder or dealer shall be jointly and severally liable. ith w [s. 91] ed ut rib st

117.–(1) In addition to any application fee, there shall be di Charges in or respect of mineral payable to the Government in respect of every mineral right, ed rights and uc dealer’s licence or broker’s licence granted under this Act, od licences pr an annual charge payable on the grant of the mineral right re be or dealer’s or broker’s licence and thereafter annually on the ay m anniversary of the grant so long as the mineral right subsists. ok bo (2) The annual charges referred to in subsection (1), shall is th be of such amount as may be calculated and prescribed in of rt the regulations. pa o [s. 92] d .N ver se Recovery of fees 118. The Commission may demand, sue for, recover and re receive all fees, charges, dues, rents, royalties or payments s ht rig which may become due in respect of any mineral right or any ll .A licence, or otherwise due under the provisions of this Act. a ni za [s. 93] an fT to PART VII en n m er GENERAL PROHIBITIONS, RESTRICTIONS, ov G REPORTS AND RIGHT OF ENTRY3 25 20 © Repealed 119. [Repealed by Act No. 7 of 2017 s. 25(b).] [s. 94] 3 Amended by Act No. 7 of 2017 s. 25(a) 374 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Restriction of 120.–(1) The holder of a mineral right shall not exercise any of rights of entry of holder of mineral his rights under his licence or under this Act- right (a) except with the written consent of the responsible Act No. 23 of 2015 s. 54 Minister, in respect of- (i) any land dedicated or set apart for any public . AG O purpose other than mining; of n (ii) any land dedicated as a place of burial; io s is (iii) any land which is the site of or is within 200 m er tp metres of any building, reservoir or dam owned ou by the Government; ith w (iv) any land forming part of a licensed or Government ed ut rib aerodrome or of any Government landing ground, st di or which is within 1,000 metres of the boundaries or ed thereof; uc od (v) any land on which there is a military installation, re pr or on land which is within 200 metres of the be boundaries thereof; or ay m (vi) any reserved area, or any protected monument ok Cap. 333 bo declared under the Antiquities Act; is th (b) except with thorough consultation with the relevant of rt local government authority, including the village pa o .N council, and thereafter, the written consent of the d ve lawful occupier, in respect of- r se re (i) any land which is the site of, or which is within 200 s ht metres of, any inhabited, occupied or temporarily rig ll unoccupied house or building; a .A ni (ii) any land within 100 metres of land which has za an been cleared or ploughed or otherwise prepared fT to in good faith for the growing of agricultural crops en m or upon which agricultural crops are growing; n er (iii) any land from which, during the year immediately ov G preceding, agricultural crops have been reaped; 25 20 (iv) any land forming part of an aerodrome, other © than an aerodrome referred to in paragraph (a) (iv); or (v) land use plan, compensation, relocation and resettlement matters involved, 375 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] where any consent so required is, in the opinion of the Minister and on the advice of the Commission being unreasonably withheld, the Minister may, on such conditions if any as he may impose, direct that the need for the consent shall be dispensed with, and in that event this paragraph shall not . AG have effect in so far as it required the consent of the lawful O of occupier to be given; n io s (c) in respect of land in a national park declared under the is Cap. 282 m er Cap. 323 National Parks Act, in any forest reserve declared under tp Cap. 283 ou the Forests Act, in any game reserve declared under the ith w Cap. 284 Wildlife Conservation Act, in a range development ed ut area declared under the Range Development and rib st Management Act or in the Ngorongoro Conservation di or Area Act, except with the written consent of the ed uc authority having control over the park, reserve or area; od pr (d) in respect of any land reserved for the purpose of any re be railway, or which is within 100 metres of the boundaries ay m of any land so reserved, except with the written consent ok bo of the responsible railway authority; is th (e) in respect of any land within any city, municipality, of rt township, registered villages or demarcated settlement, pa o except with the written consent of holders of surface d .N rights and of the responsible Minister or the authority ver se having control over the city, municipality, township, re s registered villages or demarcated settlement; ht rig (f) in respect of any street, road or highway, and any land ll .A a within 100 metres of any bridge, public ferry, culvert or ni za drift in any street, road or highway, pipeline or power an fT line, except with the written consent of the responsible to en Minister or of the authority having the control of n m er the street, road, highway, bridge, ferry, culvert, drift, ov G pipeline or power line; 25 20 (g) in respect of any land within 100 metres of every point © which has been notified to the Commission by a licensee Cap. 392 under the Petroleum Act, as a site for the drilling of a well in connection with exploring for petroleum, except with the written consent of the Minister; 376 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (h) in respect of any land over which an exploration licence or a development and production licence has Cap. 392 been granted under the Petroleum Act, except with the written consent of the Minister; and (i) in respect of any land occupied by any installations or . AG O works used in the course of prospecting operations by of n the holder of a prospecting licence who has prospecting io s is rights over the same area of land as the holder of the m er tp first mentioned mineral right. ou (2) Any consent by the Minister or the responsible Minister ith w under this section may be given unconditionally or subject to ed ut rib such conditions as are specified in the instrument of consent. st di (3) In this section, “the responsible Minister”, in relation or ed to any matter, means the Minister for the time being having uc od responsibility for that matter. re pr [s. 95] be ay m Rights under 121.–(1) The rights conferred by a mineral right shall be ok mineral right bo to be exercised exercised reasonably and shall not be exercised so as to affect is th reasonably injuriously the interest of any owner or occupier of the land of Act No. rt over which those rights extend. pa 17 of 2010 s. 6 o (2) The lawful occupier of land in a mining area shall not d .N erect any building or structure in the area without the consent ver se of the registered holder of the mineral rights concerned but if re s the Minister considers that the consent is being unreasonably ht rig withheld, he may give his consent to the lawful occupier to ll .A a do so. ni za (3) Where, in the course of prospecting or mining operations, an fT any disturbance of the rights of the lawful occupier of any to en land or damage to any crops, trees, buildings, stock or works n m er thereon is caused, the registered holder of the mineral right by ov G virtue of which the operations are carried on, shall be liable 25 20 to pay the lawful occupier fair and reasonable compensation © in respect of the disturbance or damage according to the respective rights or interest of the lawful occupier in the property concerned. 377 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (4) Where the amount of compensation to be paid pursuant to subsection (3) in any particular case is in dispute, either party may refer the matter to the Commission who shall, subject to section 150, deal with the matter in accordance with Part XI. [s. 96] . AG O of

122.–(1) Where the rights conferred by a mineral right cannot n Compensation, io s relocation and reasonably be exercised without affecting injuriously the is m resettlement er interest of any owner or occupier of the land over which those tp ou rights extend as required under section 79 the mineral right ith w holder shall- ed ut (a) advise the owner or occupier of the land to vacate rib st the area, and consult the relevant local government di or authority on amendment of the land use plan; ed uc (b) submit a proposed plan on compensation, relocation od Cap 113 pr and resettlement of the owner or occupier of the land re be as per the Land Act. ay m Cap 113 (2) The procedures established under the Land Act and ok and 114 bo the Village Land Act with regard to establishing the market is th value of land shall apply in determining fair and reasonable of rt compensation of land referred in this section and section 121. pa o [s. 97] d .N ver se Removal of 123. The holder of a prospecting licence shall not, without the re minerals written permission of the Commission, and subject to such s ht rig conditions as the Commission may specify in the instrument ll .A of permission, remove any mineral from the prospecting a ni za area, except for the purpose of having the mineral analysed, an fT determining the value of the mineral or conducting tests on to en the mineral. n m [s. 98] er ov G 25 Wasteful practices 124.–(1) Where the Commission considers that a holder of a 20 © mineral right is using wasteful mining practices he shall give notice to the holder accordingly (giving in the notice particulars of the practices) and require the holder to show cause, by 378 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] notice within such period as the Commission shall specify in the notice, why he should not cease to use those practices. (2) Where, within the period specified in the notice given under subsection (1), the holder fails to satisfy the Commission that he is not using the wasteful practices concerned, or that . AG O the use of those practices is justified, the Commission may give of n notice to the holder directing him to cease using all of those io s is practices, or the practices specified in the notice, by such date m er tp as is specified in the notice, and the holder shall do as directed. ou (3) Where the holder of a mineral right is aggrieved by a ith w notice given by the Commission under subsection (2), he may ed ut rib appeal to the Minister against the directions given in the notice. st di [s. 99] or ed uc

125.–(1) The holder of a mineral right shall keep records within od Reports, records and information pr the mining areas or at the mineral rights holders’ office located re be in Tanzania for as long as the mineral right subsists and shall ay m submit reports and furnish such information as required in the ok bo Second Schedule. is th (2) The holder of a mineral right shall maintain an address of rt in Tanzania to which communications may be sent and shall pa o give notice to the Commission of that address and of any d .N changes of such address. ver se (3) The Commission may direct the holder of a mineral re s right, at a reasonable time and place specified in the direction, ht rig to make available to, or to produce for inspection by, the ll a.A Commission or any public officer specified in the direction, ni za any books, accounts, vouchers, documents or records of any an fT kind concerning the mineral right, and the holder of the to en mineral right shall comply with the direction. n m er (4) Without prejudice to subsection (3), the provisions ov G of the Second Schedule shall apply with regard to obtaining 25 20 of information relating to minerals obtained, or the value of © minerals obtained, in exercise of a mineral right. [s. 100] 379 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Storage of raw 126.–(1) Every mineral right holder shall construct a secure minerals Act No. storage facility for storing of won raw minerals. 7 of 2017 s. 25(c) (2) Access to the raw minerals storage shall be procured from joint authorisation by an appointed official of the mining company and the mines resident officer and shall be entered . AG O in special logbook showing date and time of entry and the of n purpose for the entry. io s is (3) Any won raw minerals shall be stored at the mine for not m er tp more than five days before they are moved to the Government ou Minerals Warehouse to await disposal for home refining, ith w authorised mineral dealers or, where so permitted, for export. ed ut rib (4) The Minister shall by rules published in the Gazette, st di prescribe procedures and standards for storage of minerals. or ed [s. 100A] uc od pr

127.–(1) All won raw minerals shall be mined, sorted and re Sorting and be valuation valued in the presence of mines resident officer, an officer from ay Act No. m 7 of 2017 s. 25(c) the Tanzania Revenue Authority and the relevant institutions ok bo of state organ for that purpose before being entered for storage is th at the mine storage facility. of rt (2) All minerals won from the mines shall be beneficiated pa o within the United Republic before they can be dealt with in d .N any way. ver se (3) Reports on the mining, sorting and valuation of raw re s minerals shall be made and verified by both an authorised ht rig official of the mineral right holder and the mines resident ll a .A officer and submitted to the Commission. ni za (4) The report referred to under subsection (3) shall be used an fT for the purpose of calculating Government royalties. to en [s. 100B] n m er ov Control over

128.–(1) Raw minerals shall only be removed from the G 25 removal of raw mine under the supervision of the Government and be kept 20 minerals © Act No. 7 of 2017 s. 25(c) secured in the Government minerals warehouse established in accordance with the regulations. 380 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) It shall be an offence to remove minerals stored at the mine without Government authorisation and by means of transportation not approved by the Government. (3) For avoidance of doubt, no licence or permit shall be issued under this Act or any other written law for exportation . AG O of raw minerals and mineral concentrates. of n (4) Raw minerals shall only be withdrawn from the io s is Government minerals warehouse for beneficiation within the m er tp United Republic or for use by authorised mineral dealers. ou (5) Where Government authorisation is given for the ith w exportation of raw minerals, any benefits given under any law ed ut rib for the promotion of Tanzanian products in external markets, st di shall not be extended to such exportation of raw minerals. or ed (6) Subject to the regulations prescribed by the Minister, all uc od minerals shall be processed within the United Republic. re pr (7) For the purposes of subsections (3), (4), (5) and (6), be any raw minerals impounded during or after an attempted ay m illegal exploration or handling, shall be confiscated by the ok bo Government and shall forthwith be deposited as part of the is th National Gold and Gemstone Reserve. of rt [s. 100C] pa o d .N

129.–(1) The Government shall subject to the provisions of ve Handling r se of mineral section 6, have lien in all mineral concentrates. re concentrates s (2) Mineral concentrates shall be stored in a secure yard ht Act No. rig 7 of 2017 s. 25(c) within the mines in a manner prescribed in the regulations. ll a .A (3) Mineral concentrates shall not, after being analysed and ni za valued by the Commission, be disposed for mineral processing an fT within Tanzania as trading commodity. to en (4) The provisions relating to removal and transportation of n m er raw minerals shall apply to transportation of minerals. ov G [s. 100D] 25 20 © Regulations 130.–(1) In any negotiations for the provision of a stabilisation over use of stabilisation regime in the extractives sector, it shall be prohibited to use clauses stabilisation arrangements that entail the freezing of laws or Act No. 7 of 2017 s. 25(c) contracting away the sovereignty of the United Republic. 381 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (2) Stabilisation arrangement shall be specific and time bound and it shall be unlawful to conclude stabilisation arrangement or agreement guaranteed to last for a lifetime of any mine. (3) Stabilisation arrangements shall make provision for . AG O renegotiation as may be necessary and, as much as possible, be of n based on the economic equilibrium principle. io s is (4) A stabilisation arrangement involving tax expenditures m er tp by the Government shall provide for the quantification of the ou value of the tax expenditures and how the mining company ith w shall recompense the Government for the foregone revenues. ed ut rib (5) The Government shall have the option to convert the st di quantified values into equity holdings in the mining company. or ed [s. 100E] uc od pr

131.–(1) A mineral right holder shall undertake to participate re Plough back be of profits from in the growth of the Tanzanian economy by investing a ay minerals sector m Act No. portion of the returns from the exploitation of the country’s ok 7 of 2017 s. 25(c) bo mineral wealth. is th (2) The mineral right holder shall file annual returns of rt showing the efforts undertaken to enhance the performance of pa o the Tanzanian economy and the value of such annual returns. d .N (3) In considering any extension or renewal or permission ver se to transfer any mineral right, the Government shall take re s into account the extent of ploughed back returns into the ht rig Tanzanian economy. ll .A a (4) A mineral right holder may agree with the Commission ni za on planned investments to enhance the Tanzanian economy. an fT [s. 100F] to en n m

132.–(1) The Commission or an authorised officer may at er Authorised ov officer’s power G any time, enter upon any area over which a mineral right has 25 of entry been granted or any premises or working places other than a 20 © dwelling house for the purpose of- (a) inspecting that area, premises or working places and examining prospecting or mining operations or the treatment of minerals being performed or carried out; 382 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) ascertaining whether or not the provisions of this Act or the regulations, or the conditions of a mineral right, are being complied with; (c) ascertaining whether any nuisance exists upon that area, premises or working places; . AG O (d) giving directions, and taking steps, to enforce any of n provision of this Act or the regulations, or to abate or io s is remove any nuisance; m er tp (e) taking soil samples or specimens of rocks, ores ou concentrates, tailings or minerals situated upon that ith w area, premises or working places for the purpose of ed ut rib examination or assay; st di (f) examining books, accounts, vouchers, documents, or ed maps, drilling logs, or records of any kind; or uc od (g) obtaining any information which he may deem re pr necessary for the administration of this Act. be (2) The Commission or an authorised officer may, at ay m all reasonable times, inspect and take copies of any book of ok bo accounts, vouchers, documents, maps, drilling logs or records is th of any kind, kept by the holder of a mineral right, dealer’s or of rt broker’s licence pursuant to the provisions of this Act and pa o .N regulations made there under. d ve (3) The holder of the mineral right shall provide such r se re reasonable assistance (including the provision of necessary s ht means of transport) as is required to enable the Commission rig ll or an authorised officer to exercise or perform any power or .A a ni function under this section. za an (4) A person who, without reasonable excuse, hinders or fT to obstructs the Commission or an authorised officer in carrying en m out any function under subsection (1) or (2), commits an n er offence and on conviction, shall be liable to a fine not exceeding ov G twenty five million shillings or to imprisonment for a term not 25 20 exceeding twelve months, or to both. © (5) Where the Commission or authorised officer has reasonable grounds to believe that evidence relating to the commission of an offence under this Act may be located in any 383 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] premises, vehicle, vessel or aircraft, he may, without warrant enter the premises, vehicle, vessel or aircraft in question and search for such evidence. [s. 101] . AG PART VIII O of n LOCAL CONTENT, CORPORATE SOCIAL io s is m RESPONSIBILITY AND INTEGRITY PLEDGE4 er tp ou ith Provision of 133.–(1) A mineral right holder shall give preference to goods w ed goods and which are produced or available in Tanzania and services ut services by rib Tanzanian which are rendered by Tanzanian citizens or local companies. st di entrepreneurs (2) Where goods required by the mineral right holder are or Act No. ed not available in Tanzania, the goods shall be provided by a uc 7 of 2017 s. 28(a) od local company which has entered into a joint venture with a pr re foreign company. be ay (3) The local company referred to in subsection (2) shall m ok own share of at least twenty five percent in the joint venture or bo otherwise as provided for in the regulations. is th of (4) For purposes of subsection (1) and (2), every mineral rt pa right holder shall prepare and submit to the Commission a o .N procurement plan for a duration of at least five years indicating d ve among others, use of- r se re (a) local services in insurance, financial, legal, accounts, s ht rig security, cooking, catering, health and other services ll .A provided or available in Tanzania; and a ni (b) works, goods and equipment manufactured, produced za an or available in Tanzania. fT to (5) A mineral right holder shall ensure that entities referred en m to in subsection (4) notify the Commission on- n er ov (a) quality, health, safety and environment standards G 25 required by mineral right holder; 20 © (b) upcoming contracts as early as practicable; and (c) compliance with the approved local content plans. 4 This Part is added by Act No. 7 of 2017, s.28 384 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (6) The entities referred to in subsection (1) shall- (a) have capacity to add value to meet health, safety and environment standards of mining operations carried out by mineral right holder; and (b) be approved in accordance with criteria prescribed in . AG O the regulations. of n (7) Within sixty days after the end of each calendar year, the io s is mineral right holder shall submit to the Commission a report m er tp of its achievements in utilising Tanzanian goods and services ou during that calendar year. ith w (8) The mineral right holder shall submit to the Commission- ed ut rib (a) a report on the execution of a programme prescribed st di in the regulations; and or ed (b) a detailed local supplier development program in uc od accordance with approved local content plans. re pr (9) For the purpose of this Act- be “local company” means a company or subsidiary company ay m incorporated under the Companies Act, which is one ok Cap. 212 bo hundred percent owned by a Tanzanian citizen or a is th company that is in a joint venture or partnership with a of rt Tanzanian citizen or citizens whose participating shares pa o .N are not less than fifty one percent. d ve [s. 102] r se re s

134.–(1) A mineral right holder shall, within twelve months ht Training and rig employment after the grant of a licence, and on each subsequent anniversary ll .A of Tanzanians a of that grant, submit to the Commission for approval, a detailed ni Act No. za 7 of 2017 s. 28(a) programme for recruitment and training of Tanzanians in an fT accordance with an approved local content plans. to en (2) The programme shall provide training and recruitment n m er of Tanzanians in all phases of mining operations and take ov G into account gender, equity, persons with disabilities, host 25 20 communities and succession plan in accordance with the Non- © Cap. 436 Citizens (Employment Regulation) Act. (3) For the purpose of subsection (1) and (2) and for the promotion of equality and fairness in the treatment 385 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] of employees at the workplace, it is prohibited to practice discrimination including payment of salaries to employees of the same cadre irrespective of colour, faith and nationality. (4) Where a programme or a scholarship proposed to be awarded under this section is approved by the Commission, . AG O it shall not be varied without permission of the Commission. of n (5) The mineral right holder shall submit to the Commission io s is annually, a report on the execution of the programme in a m er tp manner prescribed in the regulations. ou [s. 103] ith w ed ut

135.–(1) A report referred to under section 134(5) shall rib Training and st technology include- di transfer or (a) a clearly defined training programme for the Tanzanian ed Act No. uc 7 of 2017 s. 28(a) employees of the mineral right holder, which may be od pr carried out within or outside Tanzania and may include re be scholarships and other financial support for education; ay m (b) a commitment by the mineral right holder to ok bo maximise knowledge transfer to Tanzanians and is th establish management and technical capabilities and of rt any necessary facilities for technical work, including pa o interpretation of data; and d .N (c) a commitment to reserve adequate practical training ver se opportunities to students from local training re s institutions. ht rig (2) The technology transfer required under subsection (1), ll a .A shall be a shared responsibility between the Government and ni za mineral right holder. an fT (3) A mineral right holder shall be required to provide to en a report on the progress made by Tanzanians on training n m er program and steps taken by licensee to close any identified ov G learning gaps. 25 20 (4) The Minister may make regulations prescribing © requirements for mineral right holder to provide technology transfer and skills relating to mining operations to Tanzanians who are employed in that sector. [s. 104] 386 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Corporate social 136.–(1) A mineral right holder shall, on annual basis, prepare responsibility Act No. a credible corporate social responsibility plan jointly agreed by 7 of 2017 s. 28(a) the relevant local government authority or local government authorities in consultation with the Minister responsible for local government authorities and the Minister responsible . AG O for Finance. of n (2) The plan prepared under subsection (1), shall take into io s is account environmental, social, economic and cultural activities m er tp based on local government authority priorities of host community. ou (3) The corporate social responsibility plan referred to under ith w subsection (1) shall be submitted by a mineral right holder to ed ut rib a local government authority for consideration and approval. st di (4) Subject to the provision of this section, every local or ed government authority shall- uc od (a) prepare guidelines for corporate social responsibility re pr within their localities; be (b) oversee the implementation of corporate social ay m responsibility action plan; and ok bo (c) provide awareness to the public on projects in their areas. is th (5) In this section “host communities” means inhabitants of of rt the local area in which mining operation activities take place. pa o .N [s. 105] d ver se Integrity pledge 137.–(1) A mineral right holder who undertakes mining shall re s Act No. be required to comply with the integrity pledge. ht rig 7 of 2017 s. 28(a) (2) The integrity pledge referred to under subsection (1) ll a .A implies the following national requirements: ni za (a) the conduct of mining operation or activities with an fT utmost integrity; to en (b) desist to engage in any arrangement that undermines or n m er is in any manner prejudicial to the country’s financial ov G and monetary systems, in particular, all earnings, 25 20 payments or receivables derived from or in respect of © mining operations or activities shall be received in, and accounted for in Tanzania; (c) desist to engage in any arrangement that undermines or is otherwise prejudicial to Tanzania’s tax system; 387 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (d) disengage in arrangement that is inconsistent with the country’s economic objectives, policies and strategies; (e) maintenance of satisfactory and effective insurance coverage against losses, injuries or damage to environment, communities, individuals and properties, . AG O that may be occasioned in the course of carrying out of n mining operations or activities; or io s is (f) disengage in arrangement that undermines or is m er tp otherwise prejudicial to Tanzania’s national security. ou (3) The Minister may make regulations guiding compliance ith w with the integrity pledge. ed ut rib (4) A person who fails to comply with integrity pledge st di breaches the conditions of licence or permission to engage in or ed mining operation or activity and such licence or permission uc od shall be deemed to have been withdrawn or cancelled and re pr the Government shall exercise the right of takeover facilities be provided for under this Act. ay m [s. 106] ok bo is th PART IX5 of rt pa ENVIRONMENTAL PRINCIPLES AND LIABILITIES o d .N ve

138.–(1) The licence holder and any other person who exercise r Compliance with se re environmental or perform functions, duties or powers under this Act in s principles ht relation to mining operations shall comply with environmental rig Act No. ll 7 of 2017 s. 28(a) .A principles and safeguards prescribed in the Environmental a Cap. 191 ni Management Act and other relevant laws. za an (2) The licence holder and contractor shall ensure that the fT to management of production, transportation, storage, treatment en m and disposal of waste arising out of mining operations is n er ov carried out in accordance with environmental principles and G 25 safeguards prescribed under the Environmental Management 20 © Act and other relevant written laws. 5 This Part is added by Act No. 7 of 2017 under s.28 388 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (3) The licence holder shall contract a separate and competent entity to manage transportation, storage, treatment or disposal of waste arising out of mining operations. (4) The licence holder shall be responsible for activities referred to under subsection (3). . AG O (5) The National Environmental Management Council in of n consultation with the Commission may, grant a licence for io s is management, transportation, storage, treatment or disposal of m er tp waste arising out of mining operations to an entity contracted ou by a licence holder under subsection (3) on terms and ith w conditions prescribed in the licence. ed ut rib (6) A person contracted by the licence holder under st di subsection (3) shall not carry out mining operations without or ed having a licence issued by the Minister responsible for uc od environment. re pr (7) A person who carries on management of productions, be transportation, storage, treatment or disposal of waste arising ay m out of mining operations without a licence or fails to comply ok bo with the terms and conditions prescribed in the licence, is th commits an offence and on conviction shall be liable to a fine of rt of not less than five million shillings or to imprisonment for a pa o .N term of not less than six months. d ve [s. 107] r se re s

139.–(1) This Part applies in relation to damage caused by ht Pollution damage rig Act No. pollution from a facility if the damage occurs in Tanzania or ll .A 7 of 2017 s. 28(a) a affects a Tanzanian vessel or facility in adjacent areas. ni za (2) The Minister may make regulations relating to liability an fT for pollution or damage caused by mining operations with to en agreement with a foreign State. n m er (3) Regulations made under subsection (2) shall not restrict ov G the right to compensation in accordance with this Act and 25 20 relevant written laws in respect of any injury, death or damage © of property under Tanzania jurisdiction. [s. 108] 389 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Liability of 140.–(1) The licence holder shall be liable for pollution damage licence holder for pollution damage without regard to fault. Act No. (2) Where it is demonstrated that an inevitable event of 7 of 2017 s. 28(a) nature, act of war, exercise of relevant Commission or a similar event of act of God has contributed to a considerable degree . AG O to the damage or its extent under circumstances, which are of n beyond the control of the licence holder or contractor, the io s is liability may be reduced to the extent that is reasonable, with m er tp particular consideration to the- ou (a) scope of the activity; ith w (b) situation of the party that has sustained the damage; ed ut rib and st di (c) opportunity for taking out insurance on both sides. or ed [s.109] uc od pr

141.–(1) Where pollution or damage occurs during mining re Liability for be pollution damage operations and the operation has been conducted without a ay caused without m licence licence, the party conducted the mining operations is liable for ok Act No. bo 7 of 2017 s. 28(a) the damage, regardless of fault. is th (2) The liability shall be applied to any other person who of rt has taken part in the mining operations, and who knew, or pa o should have known that the activity was conducted without d .N a licence. ver se [s.110] re s ht rig Claiming 142.–(1) The liability of a licence holder and contractor for ll .A of damages pollution damage may be claimed in accordance with this Act a ni Act No. za 7 of 2017 s. 28(a) and any other applicable law. an fT (2) Liability for pollution damage may not be claimed to en against- n m (a) any person other than a licence holder and contractor er ov G who undertakes measures to avert, limit pollution 25 damage, save life or rescue values which have been 20 © endangered in connection with the mining operations, unless the measure taken conflict with prohibitions imposed by the Commission or express prohibition by the law values threatened; or 390 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) any person employed by a licence holder or person referred to in paragraph (a). (3) Where the licence holder and contractor have been ordered by court to pay compensation for pollution damage, but fail to pay within the time stipulated in the judgment, the . AG O party that has sustained damage may bring an action against of n the party that has caused the damage to the same extent as the io s is licence holder and contractor may bring an action for recourse m er tp against the party who caused the damage. ou (4) The licence holder and contractor may claim ith w compensation from the party who caused pollution damage ed ut rib to the licence holder and contractor to the same extent as the st di licence holder and contractor may bring action for recourse or ed against the party who caused the damage. uc od re pr [s. 111] be Claiming 143.–(1) The licence holder and contractor may not claim ay m compensation compensation for damage caused by pollution against a ok for pollution bo Act No. person exempted from liability, except where such person is 7 of 2017 s. 28(a) th acted wilfully or negligently. of rt (2) Recourse liability may be mitigated to the extent that pa o it is considered reasonable in view of manifested conduct, d .N economic ability and the circumstances in general. ver se (3) An agreement on further recourse in respect of a person re s against whom liability is imposed contrary to subsection (1), ht rig shall be invalid and not claimable for damages. ll a .A [s. 112] ni za an fT Jurisdiction 144. A legal action for compensation for pollution damage to en Act No. shall be brought before a competent court in the area where m 7 of 2017 s. 28(a) n the effluence or discharge of mining operations takes place or er ov G where damage is caused. 25 [s. 113] 20 © 391 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] PART X6 FINANCIAL PROVISIONS Funds of 145.–(1) The funds of the Commission shall consist of- . Commission AG Act No. (a) monies appropriated by Parliament for the purposes of O the Commission; of 7 of 2017 s. 28(a) n io (b) grants received by the Commission; and s is m (c) any other monies legally acquired and received by the er tp Commission for the execution of its functions. ou ith (2) The funds of the Commission shall be used for w ed payment of- ut rib (a) salaries and allowances of staff members of the st di Commission; and or ed (b) any other expenses incurred by the Commission in the uc od execution of its functions. pr re [s. 114] be ay m

146. The financial year of the Commission shall be the period ok Financial year bo Act No. of one year ending on the 30th June. is 7 of 2017 s. 28(a) th [s. 115] of rt pa o

147.–(1) The Commission shall, before the end of each financial .N Budget d Act No. year, prepare a budget for the following financial year showing ve 7 of 2017 s. 28(a) r se estimates of its receipts and expenditure for the following year. re s (2) The Commission shall, submit to the Minister the ht rig annual budget and every supplementary budget for approval. ll a .A [s. 116] ni za an fT Accounts and 148.–(1) The accounts of the Commission shall, at the end of to en audit each financial year, be audited by the Controller and Auditor- m Act No. n General. er 7 of 2017 s. 28(a) ov G (2) The Commission shall cause to be kept proper books 25 and audited records of accounts of the income, expenditure 20 © and assets. 6 This Part is added by Act No. 7 of 2017, s.28 392 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (3) Within a period of three months after the end of each financial year, the Commission shall submit to the Controller and Auditor-General the accounts of the Commission together with- (a) a statement of income and expenditure during the . AG O previous year; and of n (b) a statement of assets and liabilities of the Commission io s is on the last day of that year. m er [s. 117] tp ou ith w Annual report 149.–(1) The Commission shall, on or before the 30th ed ut Act No. December of each year, prepare an annual report in respect rib 7 of 2017 s. 28(a) st of that financial year up to immediately preceding 30th June, di or and submit the report to the Minister who shall lay the report ed uc before the National Assembly. od pr (2) The annual report shall consist of- re be (a) detailed information regarding the activities of the ay m Commission during the year to which it relates; ok bo (b) a copy of the audited accounts; and is th (c) any other information as the Commission may be of rt required to provide under this Act. pa o [s. 118] d .N ver se PART XI re s ht DISPUTES SETTLEMENT rig ll a .A

150.–(1) The Commission may, inquire into and decide ni Commission may za an decide disputes all disputes between persons engaged in prospecting or fT to mining operations, either among themselves or in relation to en themselves and third parties other than the Government not n m er so engaged, in connection with- ov G (a) the boundaries of any area subject to a mineral right; 25 20 (b) the claim by any person to be entitled to erect, cut, © construct or use any pump, line of pipes, flume, race, drain, dam or reservoir for mining purposes, or to have 393 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] priority of water taken, diverted, used or delivered, as against any other person claiming the same; (c) the assessment and payment of compensation pursuant to this Act; or (d) any other matter which may be prescribed. . AG O (2) The Commission may make any order which may be of n necessary for the purpose of giving effect to the decision in io s is proceedings pursuant to this Part, and may order the payment, m er tp by any party to a dispute, of such compensation as may be ou reasonable, to any other party to the dispute. ith w [s. 119] ed ut rib st

151.–(1) The Commission may file for execution any order di Enforcement of or Commission’s made under section 150(2) to a court presided over by a ed orders uc resident magistrate within the local limits of whose jurisdiction od pr the subject matter of the order is situated. re be (2) On receiving the order under subsection (1), the court ay m shall cause the order to be enforced as if that order was made ok bo by the court. is th (3) The fees payable upon the enforcement of an order shall of rt be those which would be payable upon the enforcement of the pa o like order made by the court concerned. d .N [s. 120] ver se re

152. A person aggrieved by a decision or order of the s Appeal to High ht rig Court Commission made or given pursuant to this Part may appeal ll .A to the High Court within the period of thirty days from the a ni za date on which the decision or order is given or made. an fT [s. 121] to en m

153. The Commission may make rules providing for the n Rules er ov initiation and conduct of proceedings under section 150 and G 25 the keeping of records and notes of evidence concerning any 20 © such proceedings. [s. 122] 394 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] PART XII REGISTRATION OF MINERAL RIGHTS Registers of 154.–(1) The Commission shall- . mineral rights AG (a) maintain a central Register of all mineral rights which O shall include a record of all applications, grants, of n io variations and dealings in, assignments, transfers, s is m suspension and cancellation of the rights; and er tp (b) cause similar registers to be maintained in every ou ith regional mines office with regard to all mineral rights. w ed (2) A Register required to be maintained under this ut rib section shall be open for public inspection on payment of the st di prescribed fee. or ed [s. 123] uc od pr re Evidentiary 155. A certificate of the Commission that- be provisions (a) a mineral right was granted, transferred, suspended ay m or cancelled on, or with effect from, a date specified in ok bo the certificate; is th (b) any land identified in the certificate is, or was, on a of rt date specified in the certificate the subject of a specified pa o .N mineral right; d ve (c) a mineral specified in the certificate is a mineral of r se re which a mineral right relates; s ht (d) any condition specified in the certificate is, or was, on a rig ll date so specified a condition of a mineral right; .A a ni (e) a certificate of surrender was issued in respect of land za an identified, and on a date specified, in the certificate; fT to (f) any condition specified in the certificate is a condition en m on which a certificate of surrender was issued or on n er which any consent or approval so specified was given; ov G and 25 20 (g) a person named in the certificate is, or was, on a date © specified in the certificate the holder of a specified mineral right, 395 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] may be received in proceedings before any court as evidence of that fact, but without prejudice to the right to adduce evidence in rebuttal. [s. 124] . AG PART XIII O of n MISCELLANEOUS PROVISIONS io s is m er tp Radioactive 156.–(1) A person shall not export or import any radioactive ou minerals ith mineral except in accordance with the terms and conditions as w Cap. 188 ed stipulated under the Atomic Energy Act. ut rib (2) An application for a permit to export or import st di radioactive minerals shall be submitted to the Commission in or ed the prescribed form, be accompanied by the prescribed fee and uc od such other information as the Commission may require or as re pr may be prescribed. be (3) A person who exports or imports or attempts to export or ay m import any radioactive mineral otherwise than required by the ok bo Cap. 188 preceding provisions of this section shall be proceeded against is th in accordance with the provisions of the Atomic Energy Act. of rt pa (4) In this section, “radioactive mineral” means a mineral o .N which contains by weight at least one-twentieth of one per d ve centum of uranium or thorium or any such combination r se re and includes- s ht (a) monazite sand and other ores containing thorium; and rig ll .A (b) carbonite, pitchblende and other ores containing a ni uranium. za an (5) The Minister shall make special regulations for the fT to purpose of ensuring public safety and- en m (a) regulating mining, processing, hauling, transporting, n er ov conveying, marketing and disposition of radioactive G 25 minerals; and 20 (b) such regulations shall not be inconsistent with the © Cap. 188 Atomic Energy Act and regulations made thereunder. [s. 125] 396 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Listing with stock 157. The Minister shall, in consultation with holders of special exchange Cap. 79 mining licence, make regulations prescribing the minimum shareholding requirement and procedure for selling shares to the Tanzania nationals, in accordance with the provisions of the Capital Market and Securities Act, offering shares to the . AG O public through listing with the stock exchange. of n [s. 126] io s is m er

158.–(1) Where a mineral right or dealer’s licence is granted tp Transfer of ou control over to a company, or other body corporate, the company, or such ith company w body corporate, shall not, after the date of the grant of the ed ut right, without the written consent of the licensing authority- rib st (a) register the transfer of any share or shares in the di or company to any particular person or his nominee; or ed uc (b) enter into an agreement with any particular person, od pr if the effect of doing so would be to give that person re be control of the company or other body corporate. ay m (2) On an application for consent under this section, the ok bo licensing authority shall require the applicant to submit is th document and information which are necessary for the of rt purpose of obtaining consent. pa o (3) For the purpose of this section- d .N (a) a person is deemed to have control of a company or ver se other body corporate where- re s (i) the person or his nominee holds, or the person ht rig and his nominee hold, a total of fifty per centum ll a .A or more of the equity shares of the company; or ni za (ii) the person is entitled to appoint, or to prevent an fT the appointment of, half or more than half of the to en number of directors of the company; n m er (b) “equity shares” means shares other than preference ov G shares; 25 20 (c) “preference shares” means shares which carry the right © to the payment of a dividend of a fixed amount or not exceeding a fixed amount in priority to another class or classes of shares, whether with or without other rights. 397 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (4) The consent of the licensing authority under this section shall not be unreasonably withheld. [s. 127] Insurance and 159.–(1) The holder of a mineral right under Divisions A, B or . AG indemnities D of Part IV and his contractors shall- O Act No. of (a) obtain and at all times during the subsistence of the n 7 of 2017 s. 26 io s mineral right maintain in respect of mining operations is m er insurance coverage of such amounts and against such tp ou risks as are customarily or prudently insured in the ith w international mining industry in accordance with good ed ut international mining industry practice; and rib st (b) furnish to the Minister certificates evidencing that di or such coverage is in effect and provide copies of any ed uc policies requested. od pr (2) The insurance under paragraph (a) shall cover- re be (a) loss or damage to all installations, equipment and other ay m assets for so long as they are used in or in connection ok bo with mining operations; is th (b) loss of property damage or bodily injury suffered by of rt any third party, incurred in the course of or as a result pa o of mining operations; d .N (c) pollution and environmental damage, caused in ver se the course of or as a result of mining operations re s for which the holder or the United Republic may be ht rig held responsible; ll .A a (d) liabilities of the holder to indemnify the United ni za Republic pursuant to subsection (4); and an fT (e) the holder’s liability to its employees engaged in mining to en operations. n m er (3) The holder of a mineral right granted under Division C ov G of Part IV shall- 25 20 (a) if so directed by the Commission by a notice in writing, © obtain and maintain in force in respect of the mining operations carried on by the holder such insurance cover as the Commission may consider reasonably necessary in the public interest; and 398 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (b) where the holder of any such mineral right considers that any obligation imposed under this subsection, is onerous or unreasonable, he may appeal against the direction of the Commission to the Minister. (4) The holder of a mineral right shall indemnify, defend and . AG O hold the United Republic harmless against all actions, claims, of n demands, injury, losses or damages of any nature whatsoever, io s is including claims for loss or damage to property or injury or m er tp death to persons, resulting from any act or omission in the ou conduct of mining operations by or on behalf of the holder. ith w (5) Such indemnity under subsection (4) shall not apply to ed ut rib the extent, if any, that any action, claim, demand, loss, damage st di or injury has resulted from any direction given by, or wrongful or ed act committed on behalf of the United Republic. uc od re pr [s. 128] be Regulations 160.–(1) The Minister may, on recommendation of the ay m Acts Nos. Commission, make regulations for any matter which, in ok 4 of 2017 s. 38 bo 7 of 2017 s. 27 accordance with this Act, is to be provided for by the regulations is 12 of 2022 s. 35 th or which may be prescribed. of rt (2) In particular, but without limiting the generality of pa o subsection (1) such regulations may provide for- d .N (a) the making of applications and the fees to be paid on ver se applications and issuance of licences, whether or not re s provided for in the foregoing provisions of this Act; ht rig (b) any other fee, charge, rent, due, royalty or other sum ll .A a which may be charged under this Act or the regulations ni za and the manner of calculation of the same; an fT (c) the procedures for inviting tenders and the conditions to en for tendering in response to such invitations; n m er (d) the allocation of primary mining licences within areas ov G declared to be reserved for such primary licences and 25 20 for the regulation of mineral rights in such areas; © (e) the demarcation of prospecting and mining areas; (f) the standard model of development agreement and other various forms to be used under this Act; 399 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (g) the proper and efficient working of prospecting areas, mining areas and mines; (h) the avoidance of wasteful practices as described in this Act or otherwise; (i) prescribing safety standards for work and machinery . AG O connected with prospecting and mining; of n (j) the avoidance of pollution to the air, surface and ground io s is waters and soils and the regulation of all matters m er tp relating to the protection of the environment and the ou minimisation of all adverse impacts to the environment ith w including the restoration of land on which mining ed ut rib operations have been conducted; st di (k) the regulation of all matters relating to sanitation and or ed health, including the establishment of cemeteries, as uc od regards mining areas; re pr (l) the reporting of accidents and deaths occurring on any be prospecting area or mining area in connection with ay m prospecting or mining; ok bo (m) making safe any land, works or machinery over or is th with which prospecting or mining operations have of rt been conducted; pa o .N (n) procedures for renewal, suspension and cancellation of d ve licences issued under this Act; r se re (o) procedures for termination of mining operations and s ht closure of mines; rig ll (p) procedures for lodging complaints, handling complaints .A a ni and appeals; za an (q) such further matters as may be necessary or expedient fT to for the security of operations for the mining, en m recovery, treatment, storage and transport of raw gold n er or gemstones; ov G (r) the circumstances and procedures for referring matters 25 20 for determination of an expert, and the procedures for © selecting and appointing an expert; (s) the inspection of records, accounts, books and documents; 400 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (t) operationasation of inspection of mineral or minerals as required under this Act; (u) local content principles including the requirements for provision of goods and services by Tanzanian entrepreneurs, training and employment of Tanzanians . AG O and technology transfer; of n (v) principles relating to corporate social responsibility; io s is (w) procedure for determination of equivalent sum as m er tp provided under subsection (6); ou (x) principles and procedures relating to integrity pledge; ith w and ed ut rib (y) conduct of mineral auctions and mineral houses. st di (3) Regulations made under this Act may- or ed (a) make separate provision in respect of mineral rights uc od granted under Divisions A, B and D of Part IV; re pr (b) empower the Minister, the Commission, the authorised be officers or the resident mines officer to give directions. ay m (4) Where any matter is to be provided for by regulations ok bo relating to royalties, fees or other charges, the Minister is th shall, before making such regulations, consult the Minister of rt responsible for financial matters. pa o .N (5) Where any matter is to be provided for by regulations d ve relating to protection of environment and rehabilitation bond, r se re the Minister shall, before making such regulations, consult the s ht Minister responsible for environmental matters. rig ll (6) Regulations made under this Act may prescribe - .A a ni (a) in the case of breach of matters relating to local content, za an a fine not exceeding ten billion shillings or a sum fT to equivalent to the amount of gain or profit made as a result en m of the breach, whichever is greater, or imprisonment for n er a term not exceeding three years or to both; and ov G (b) in any other case where no specific penalty is prescribed, 25 20 a fine not exceeding one hundred and fifty million © shillings or imprisonment for a term not exceeding two years or to both. [s. 129] 401 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Obstruction of 161. A person who, without reasonable excuse, obstructs or holder of mineral rights hinders the holder of a mineral right from doing any act which that holder is authorised to do by this Act, the regulations or his mineral right, commits an offence and on conviction shall be liable to a fine not exceeding ten million shillings or . AG O to imprisonment for a period not exceeding twelve months or of n to both. io s is [s. 130] m er tp ou Miscellaneous 162. A person who- ith w offences (a) in any application under this Act knowingly makes any ed ut statement which is false or misleading in a material rib st particular; di or (b) in any report, return or affidavit submitted in pursuance ed uc of any provision of this Act, knowingly includes or od pr permits to be included any information which is false re be or misleading in a material particular; ay m (c) places or deposits or is accessory to the placing or ok bo depositing of, any material in any place with the is th intention of misleading any other person as to the of rt mineral possibilities of that place; pa o (d) mingles or causes to be mingled with any sample of ore d .N any substance which will enhance the value or in any ver se way change the nature of the ore with the intention to re s cheat, deceive or defraud, ht rig commits an offence and on conviction shall be liable- ll .A a (i) in the case of an individual, to a fine not exceeding ni za ten million shillings or to imprisonment for a an fT period not exceeding twelve months or to both; or to en (ii) in the case of a body corporate, to a fine not n m er exceeding fifty million shillings. ov G [s. 131] 25 20 © Offence 163. Where an offence which has been committed by a body committed by body corporate corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer 402 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] of the body corporate, or of any person who was purporting to act in any such capacity, he, as well as the body corporate, commits an offence and shall be punished accordingly. [s. 132] . AG

164.–(1) Notwithstanding the provisions of this Act relating O Compounding of of offences to penalties, where a person admits in writing that he has n io Act No. s committed an offence under this Act, the Executive Secretary is 6 of 2021 s. 28 m er or a person authorised by him in writing may, at any time tp ou prior to the commencement of the proceedings by a court of ith w competent jurisdiction, compound such offence and order ed ut such person to pay a sum of money not exceeding two thirds of rib st the amount of the fine to which such person would otherwise di or have been liable to pay if he had been convicted of such offence. ed uc (2) Where the person fails to comply with the compounding od pr order issued under this section within the prescribed period, re be the Executive Secretary or a person authorised by him may, ay m in addition to the sum ordered, require the person to pay an ok bo interest at the rate prescribed in the regulations. is th (3) Where the person fails to comply with subsection (2), of rt the Executive Secretary may enforce the compounding order pa o and interest accrued thereof in the same manner as a decree of d .N a court. ver se (4) The Executive Secretary shall submit quarterly reports re s of all compounded offences under this section to the Director ht rig of Public Prosecutions. ll .A a (5) The monies charged under this section shall, unless ni za otherwise directed by the Minister responsible for finance, be an fT paid into the Consolidated Fund. to en (6) Where an offence is compounded in accordance with n m er subsection (1) and proceedings are brought against the offender ov G for the same offence, it shall be a good defence for the offender 25 20 to prove to the satisfaction of the court that the offence with © which the offender is charged has been compounded under subsection (1). 403 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (7) The sum to be charged for every compoundable offence, forms and manner of compounding of such offences shall be as prescribed in the regulations made under this Act. [s. 132A] . AG PART XIV O of n REPEALS AND SAVINGS PROVISIONS io s is m er tp Repeal and 165.–(1) [Repeals the Mining Act No. 5 of 1998]. ou ith savings (2) Notwithstanding the repeal of the Mining Act, under w Act No. ed 5 of 1998 subsection (1) any subsidiary legislation made under the ut rib repealed Act shall continue to have effect as if made or done st di under this Act until they are revoked or replaced. or ed (3) Notwithstanding the repeal of the Mining Act, under uc od subsection (1), all mineral rights, licences, permits and re pr authorisations granted or issued and agreements entered in be ay accordance with the provisions of the repealed Act shall be m ok deemed to have been granted, issued or authorised under this bo Act, subject to the modifications as may be determined under is th this Act in respect of the particular grant or authorisation. of rt pa (4) All agreements made and entered in terms of the o .N repealed Act, all appointments and decisions made under d ve the repealed Act shall be deemed to have been made under r se re this Act, until terminated, surrendered, reviewed, removed, s ht cancelled or expired. rig ll .A [s. 133] a ni za an fT to en n m er ov G 25 20 © 404 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] Act No FIRST SCHEDULE 7 of 2017 s. 28(c) (Made under section 23) PROCEDURES RELATING TO MINING COMMISSION . AG Tenure of office 1.–(1) Subject to the provisions of this Schedule, every member of the O of members Commission shall hold office for the period of three years from the of n io date of his appointment but may be eligible for re-appointment for one s is more term. m er (2) Notwithstanding subparagraph (1), a member may resign at any tp ou time by giving notice in writing to the appointing authority and from ith the date specified in the notice or, if no date is specified in the notice, w ed from the date of receipt of the notice by the appointing authority, he ut rib shall cease to be a member. st di (3) A person who is a member by virtue of his holding some other or office shall cease to be a member upon ceasing to hold the office by vir- ed uc tue of which he is a member. od pr Termination 2. Where any member of the Commission absents himself from three re be of appointment consecutive meetings of the Commission without reasonable excuse, ay the Commission shall advise the appointing authority of the fact and m ok the appointing authority may terminate the appointment of such a bo member and appoint a new member in his place. is th of Cessation of 3. Where a member of the Commission ceases to be such a member rt pa membership by resignation, or death or is unable to perform his functions as such o .N member by reason of his absence from the United Republic or by reason d ve of any infirmity of the body or mind or where the appointing authority r se terminates his appointment under paragraph 2, the appointing re s ht authority may appoint another member in his place and a member so rig appointed shall subject to the provisions of this Schedule, hold office for ll .A the remainder of the term of his predecessor. a ni za an Vice Chairman 4. The Commission shall elect one of its members to be a Vice fT Chairman and any member elected as a Vice Chairman shall, subject to to en his continuing to be a member, hold office of Vice Chairman for a term n m to be fixed by the Commission and shall be eligible for re-election at the er ov end of that period. G 25

5.–(1) The Chairman shall preside at all meeting of the Commission, 20 Meetings and © procedures of and where at any meeting of the Commission the Chairman is absent Commission then the Vice Chairman shall preside. (2) In the absence of both the Chairman and Vice Chairman at any meeting of the Commission the members present may from 405 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] amongst their number elect a temporary chairman who shall preside at that meeting. (3) The Chairman, Vice Chairman or temporary chairman presid- ing at any meeting of the Commission shall have a vote and in the event of an equality of votes, shall have a casting vote in addition to his delib- erative vote. . AG O

6.–(1) Subject to any general or specific directions of the Chairman, the of Number of n meetings Commission shall meet not less than four times during every financial io s is year and at such additional times as may be fixed by the Chairman or if m er he is absent or unable for any reason to act, the Vice Chairman. tp ou (2) The Secretary to the Commission shall give to each member of ith the Commission fourteen days notice of the time and place of every w ed meeting of the Commission. ut rib st Quorum 7. One half of the total number of members shall form a quorum for the di or meeting of the Commission. ed uc Decision by votes 8.–(1) Subject to the provisions relating to casting of votes, all questions od pr at the meeting of the Commission shall be determined by the majority re of the votes of the members present and if any member refuses or fails to be ay vote on any question, he shall be deemed to have casted a negative vote. m (2) Notwithstanding subparagraph (1), the decision may be made by ok bo the Commission without the meeting by circulation of relevant papers is th among the members and the expression of the views of the majority of thereof in writing shall be deemed to be the decision of the Commis- rt pa sion. o .N (3) Any member of the Commission shall be entitled to require d ve that any decision of the Commission made under subparagraph (2) be r se deferred and the subject matter be considered at the next meeting of re the Commission. s ht rig

9. Subject to the provisions of this Act, the Commission shall have ll Procedures of .A Commission power to regulate its own procedures. a ni za an fT to

SECOND SCHEDULE en n m (Made under section 125) er ov G REPORTS AND RECORDS 25 20 1.–(1) Subject to subparagraph (2), the holder of a prospecting © licence shall- (a) keep at the address referred in section 125(2), full and accurate records of his prospecting operations which indicate: (i) boreholes drilled; 406 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] (ii) aerial photographs; (iii) strata penetrated with detailed logs of the strata; (iv) minerals discovered; (v) the results of any seismic survey, geochemical or geophysical analysis; (vi) the results of any analysis or identification of minerals; . AG (vii)the geological interpretations of the records maintained O of under items (i) to (vi) inclusive; n io (viii) the number of persons employed; s is m (ix) other work done in connection with the prospecting er tp licence; ou (x) costs incurred; and ith w (xi) such other matters as may be prescribed. ed (b) submit within the first month of every calendar quarter ut rib to the Commission copies of records of his prospecting st di operations together with any records prepared as a result or of those records. ed uc (2) The Commission may, on the application of the holder of a pros- od pecting licence, modify any of the requirements of subparagraph (1). pr re be 2. The holder of a special mining licence shall- ay m (a) keep at the address referred to in section 125(2)- ok (i) complete and accurate technical records of his operations bo is in the mining area, including the implementation of his th of environmental management plan, in such form as the rt pa Commission may approve; o (ii) copies of all maps, geological reports, including d .N interpretations, mineral analyses, aerial photographs, ore ver logs, analyses and tests and all other data obtained and se re compiled by the holder in respect of the mining area; s ht (iii) accurate and systematic financial records of his rig operations in the mining area and such other books of ll .A account and financial records as the Commission may a ni za require; records of the production of minerals from the an mining area; records of the number of persons employed fT to by the holder in the mining area and the capacity in en which they are employed and of the employment and n m er training of citizens of Tanzania; ov (b) submit within the first month of every calendar quarter to G 25 the Commission such reports, records and other information 20 concerning the conduct of operations; and © (c) furnish the Commission with a copy of every annual financial report within three months of the end of each financial year showing the profit and loss for the year and the state of the financial affairs of the holder at the end of each financial year. 407 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] 3. The holder of a mining licence or a primary mining licence shall keep the address referred to in section 125(2) such of the records, and shall furnish to the licensing authority, within the first month of every calendar quarter such of the reports specified in paragraph 2 of this Schedule. . AG 4. Where- O of (a) a mineral right terminates in accordance with provisions of n io this Act; or s is m (b) the term of a prospecting licence or a special mining licence er tp expires, the person who was the holder of the mineral right ou immediately before the termination or expiration shall ith w deliver to the licensing authority concerned ed (i) all records which the former holder maintained in ut rib accordance with this Act with respect to the mineral right; st di (ii) all plans or maps of the area of land that was subject to or the mineral right and which were prepared by or on the ed uc instructions of the former holder. od (c) such other documents as the licensing authority concerned pr re may, by notice in writing given to the former holder, require be him to so deliver. ay m ok 5. Where the term of a mining licence, gemstone mining licence or bo is primary mining licence expires, the person who was the holder of the th of mineral right immediately before the expiration shall deliver to the rt pa licensing authority concerned, all records that he was required to keep o under this Schedule and all plans or maps of the prospecting operations d .N or mining operations on the area. ver se re 6. Where the Commission has reason to believe that a person is s ht capable of giving information, producing or making available books rig or documents relating to minerals obtained or the value of minerals ll .A obtained, he may, by notice in writing served on that person, require a ni za that person to- an (a) furnish to him in writing, within the period and in the fT to manner specified in the notice, any such information; en (b) attend before him or a person specified in the notice at n m er such time and place as is so specified and there to answer ov questions relating to minerals obtained, or the value of G 25 minerals obtained; or 20 (c) make available to a person specified in the notice at such © time and place as is so specified books or documents in his custody or power relating to minerals obtained or the value of minerals obtained. 408 <!-- page break --> THE MINING ACT [CAP. 123 R.E. 2023] 7. A person is not excused from furnishing information, answering a question or making available books or documents when required to do so under this Part of this Schedule on the ground that the information so furnished, the answer to the question, or the production of; or making available, any books or documents might tend to incriminate him or make him liable to a penalty, but the information so furnished shall not . AG be admissible in evidence against him in any proceedings other than O of proceedings for a contravention of paragraph 9. n io s is m 8. Where books or documents are made available in accordance with er tp paragraph 6, the person to whom they are made available may make ou copies of, or take extracts from, the books or documents. ith w ed 9.–(1) A person shall not- ut rib (a) refuse or fail to comply with a requirement under paragraph st di 6 to the extent that he is capable of complying with it; or (b) in purported compliance with such a requirement, ed uc knowingly furnish information that is false or misleading in a material particular; od pr re (c) when attending the Commission or any other person in be accordance with such a requirement, knowingly make a ay m statement or produce a book or document that is false or ok misleading in a material particular; or bo is (d) when making available books or documents in accordance th of with such a requirement, knowingly make available a book or rt pa document that is false or misleading in a material particular. o (2) A person who contravenes paragraph 9(1), commits an offence d .N and on conviction, shall be liable to a fine not exceeding two hundred ver thousand shillings or to imprisonment for a period not exceeding six se re months or to both. s ht rig ll .A a ni za an fT to en n m er ov G 25 20 © 409 <!-- page break --> © 20 25 G ov er nm en to fT an za ni a.A ll rig ht s re se rve d.N o pa rt of th is bo ok m ay be re pr od uc ed or di st rib ut ed w ith ou tp er m is s io n of O AG . <!-- page break -->