The Mining Regulations of 2018 (compilation of GN 1-9 of 2018, incl. the Mining (Minerals and Mineral Concentrates Trading) Regulations, 2018, GN 2)

3. Application of mineral rights.

4. Renewal of mineral rights.

5. Primary mining licence

6. Shapes of mining area.

7. Size of mining areas.

8. Demarcation and pegging.

9. Minimum expenditure. 1 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.)

10. Holder of a prospecting licence to keep accounts.

11. Fees and rents.

12. Suspension.

13. Amalgamation.

14. Conversion of primary mining licence to other licence.

15. Surrender of primary mining licence.

16. Information and reports.

17. Reserved areas.

18. Assignment of mineral right.

19. Overlapping applications. PART III TRANSITIONAL PROVISONS 20 Pending applications.

21. Cancellation of retention licences.

22. Revocation. ___________ SCHEDULES ____________ 2 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) THE MINING ACT, (CAP 123) ___________ REGULATIONS __________ (Made under Section 112) THE MINING (MINERAL RIGHTS) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Mining (Mineral Rights) Regulations, 2018. Interpretation 2. In these Regulations, unless the context otherwise requires- “Act” means the Mining Act; Cap. 123 “Commission” means the Mining Commission established by the Act; “superficial deposits" means mineral deposits occurring at shallow depth not exceeding fifty meters and extending laterally over a wide area; “mid market rate of exchange” means the equivalent value of the foreign currency other than the US Dollar of the expenditure that was increased on specified date as prospecting expenditure. PART II MINERAL RIGHTS Application for 3.-(1) An application for a mineral rights under mineral rights Division A shall be made to the Commission by filling in 3 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) Form No. MRF. 1,specified in the Second Schedule to these Regulations and submitted to the Commission in duplicate. (2) An application for a mineral rights under Division B shall be made to the Commission by filling in Form No. MRF. 2 specified in the Second Schedule to these Regulations and be accompanied by a sketch plan of a mining area applied for, showing geographical coordinates in Arc 1960 datum and dimensions in hectares and submitted to the Commission in duplicate. (3) On receipt of application, the Commission shall record the date and time of receipt. Renewal of 4.-(1) An application for renewal of mineral rights mineral rights under Division A shall be made to the Commission by filling in Form No. MRF.3and application for renewal of mineral rights under Division B shall be made in Form No. MRF. 4 respectively specified in the Second Schedule to these Regulations and submitted to the Commission in duplicate. (2) An Application for renewal of a mineral right shall be accompanied by a plan of the mining area under application drawn on a topographic map to a scale of 1:50,000 showing geographical coordinates in Arc 1960 datum and dimensions of the applied mining area. Primary Mining 5.-(1) Application for primary mining licence shall licence be made to the Commission by filling Form No. MRF.5 and primary mining licence shall be issued or granted in Form No MRF.6 respectively specified in the Second Schedule to these Regulations. (2) Any person wishing to renew a primary mining licence shall submit in duplicate an application to the licencing authority by filling in Form No. MRF. 7 specified in the Second Schedule to these Regulations. Shapes of 6.-(1) Subject to these Regulations, the shape of mining area a mining area that is the subject of a mineral rights may be- 4 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (a) a square; or (b) rectangular, the length of which shall not exceed five times its width and bounded by lines running North-South or East-West. (2) The mining area may be of regular shape and or orientation, as the Commission may determine in particular case after being satisfied that it is not practicable to comply with sub-paragraph (a) or (b) of sub-regulation (1). Size of mining 7. For the purpose of these Regulations, the size area of each mining area that would be the subject of a mineral rights shall be for- (a) a prospecting licence for metallic minerals, energy minerals,industrial minerals and kimberlitic diamond, the maximum areas during the initial prospecting period shall be 300 sq. km (30.000 hectares); (b) a prospecting licence for building materials and gemstones excluding kimberlitic diamond, the maximum area shall be 5 sq. km (500 hectares); (c) a special mining licence for mineral deposits other than superficial deposits the maximum area shall be 35 sq. km (3,500 hectares); (d) a special mining licence for superficial deposits, the maximum area shall be 70 sq. km (7.000 hectares); (e) a mining licence for metallic minerals, energy minerals, industrial minerals and kimberlitic diamond, the maximum area shall be 10 sq. km ( 1,000 hectares); (f) a mining licence for building materials or gemstone excluding kimberlitic diamond the maximum area shall be 1 sq. km (100 hectares): (g) a primary mining licence for all minerals other than building materials, the maximum size shall be 10 hectares; and 5 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (h) a primary mining licence for building materials the maximum size shall be 5 hectares. Demarcation 8.-( I) Every area of land which is subject to a and pegging mineral rights under Division A, B or C shall be pegged and demarcated as follows- (a) by erecting a post that shall be securely placed in the ground at each corner of the relevant area; (b) each post shall- (i) project not less than two metres (2m) from the ground; (ii) be conspicuous with clear marks or writings that state the owner, type or mineral right with the licence number; (iii) state the dimensions and area covered under the licence; (c) at each corner of the licence area, two trenches shall be excavated to show the direction of the boundary of the licence area which shall not be less than 1 metre in length and 50 centimetres in depth along the boundary lines forming each corner of the licence area; and (d) the holder of a mineral right must maintain in all posts boundary indicators and markers such as trenches and notices on the licence area in the positions required by these Regulations during all time the licence is held. (2) Notwithstanding sub-regulation (1), where it is not possible to satisfy requirements of sub- regulation (1), the holder of a mineral rights may,with approval of the Commission,erect any other permanent marks. (3) Any person who contravenes any provision of this Regulation commits an offence and shall on conviction be liable to a fine not exceeding twenty million 6 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) shillings. Minimum 9.-(1) The amount per square kilometre or per expenditure hectare which the holder of a prospecting licence shall expend annually on prospecting operations in the licence area shall not be less than an amount equal to the amount prescribed under sub-regulations (2) and (3). (2) The amount for the purpose of' sub- regulation (1) shall, where the prospecting licence is for all minerals other than gemstones, industrial minerals or building materials be- (a) in the case of the initial prospecting period, an amount per square kilometre of five hundred US Dollars (US$ 500); (b) in the case of the first renewal period, an amount per square kilometre of two thousand US Dollars (US$ 2000); and (c) in the case of the second renewal period, amount per square kilometer of six thousand US Dollars (US$ 6000). (3) The prescribed amounts for the purpose of sub-regulation (1) shall, in the case of a prospecting licence for industrial minerals building materials, be one hundred US Dollars (US$ 100) per square kilometre. (4) The prescribe amount for the purpose of sub- regulation (1) shall, in the case of a prospecting licence tor gemstones, be two hundred and fifty US Dollars (US$ 250) per square kilometre. Holder of a 10.-(1) A holder of a prospecting licence shall prospecting licence to keep keep full and proper accounts in of all expenditure accounts incurred in the prospecting licence area in respect of prospecting operations supported by receipts, vouchers and such other documentary evidence of expenditure as the Commission may require. (2) Where, expenditure on prospecting operations has been incurred in Tanzania shillings or in 7 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) any foreign currency other than US Dollars the amount of such expenditure shall be entered into books of account kept by the licensee pursuant to sub- regulation (1) in US Dollars at the mid market rate of exchange between the currency in which the expenditure was incurred and US Dollars, as published by the Bank of Tanzania and applicable on the day on which the expenditure was incurred. Fees and rents 11.-(1) All fees related to applicationsfor grant, renewal, transfer, suspension, surrender, search or conversion of mineral rights and annual rents payable shall be as specified in the First Schedule to these Regulations. (2) Where the Schedule specifies the amount of fees in US Dollars and the applicant wishes to pay in Tanzanian shillings, for the purpose of ascertaining the amount payable, there shall be applied the mid- market rate of exchange between Tanzanian shillings and US Dollars as published by the Bank of Tanzania and applicable on the day on which the application was made. Suspension 12.-(1) The holder of a primary mining licence ora person duly authorized by the holder may apply to the Commission in whose area the primary mining licence is situated for the suspension or partial suspension of operations. (2) The Commission may allow or reject the application. (3) An application shall be made in duplicate in Form No. MRF. 8 prescribed in the Second Schedule to these Regulations and a certificate of suspension shall be issued in the Form of MRF. 9 specified in the Second Schedule to these Regulations. (4) The Commission may grant a renewal of acertificate ofsuspension forsuch periodas may beendorsed by him on the certificate. (5)The holder of a primary mining licence shall 8 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) keep a certificate of suspension posted conspicuously at the licence area during the period of suspension. Amalgamation 13.-(1) Where a person who holds in respect of contiguous areas two or more primary mining licences and wishes in respect of each of those licences to apply pursuant to section 58 of the Act for conversion of the licences into a single mining licence the holder may before making application for conversion apply to the, Commission to amalgamate the primary mining licences into a single mining area. a (2) An application to amalgamate primary mining licences shall be made in duplicate to the Commission in Form No. MRF.10 specified under the Second Schedule to these Regulations and the Commission ifsatisfied that the application isin order, issue a certificate of amalgarnation in a Form M RF.11 specified under the Second Schedule to these Regulations. (3) A certificate of amalgamation may be issued by the Commissionpursuant to this Regulation notwithstanding the fact that following amalgamation, a single mining area exceeds the maximum area for a primary mining licence prescribed under paragraphs (g) and (h) of Regulation 5. Conversion of 14.-(1) An application pursuant to section 58 of primary mining licences the Act for conversion of a primary mining licence to a mining licence shall be submitted in duplicate to the Commission. (2) An applicant for conversion, whose application is granted, shall surrender to the Commission a primary mining licence. 9 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) Surrender of 15.-(1) Subject to these Regulations, the holder of primary mining licence a primary mining licence who wishes to surrender a primary mining licence shall apply to the Commission responsible for the mining area by giving a three months notice. (2) An applicant shall fill in Form No. MRF. 12 specified in the Second Schedule in duplicate and pay all arrears in respect of annual rents and royalty as conditions for surrendering a primary mining license. (3) Where the Commission if satisfied that conditions of these Regulations have been complied with, it shall give consent to the surrender. Information and 16.-(1) The holder of a primary mining licence reports shall, on or before the end of one month of a calendar year submit to the Commission written report setting forth- (a) the name of the holder; (b) the date and the lincence number; (c) the nature of the operations being conducted on the area during the preceding months; (d) the average number of persons employed on the area in mining or prospecting operation during the preceding months; (e) the amount paid in wages to persons actually engaged in mining or prospecting operations on the licence area or in supervision of such operation during the preceding months, (f) the nature and value of any machinery or plant brought in or removed from the area from the date of the previous report; (g) the kind and quality of minerals obtained during the preceding months and the manner by which they have been disposed of; (h) particulars of any death or accident which have occurred at the licence area employees during the preceding months, and 10 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (i) any further information or particulars that the licencing authority may require. Reserved areas 17.-(1) Where pursuant to section 16of the Act, the Minister has designated an area as an area reserved exclusively for prospecting and mining operations by persons holding primary mining licences, the designated area shall be divided by the Commission into numbered blocks which, so far as the boundaries of the area permit, be rectangular or square in shape. (2) A map of the area so divided shall be published in the Gazette by the Commission for public information and a copy shall be exhibited in the officer of the Commission who is responsible for the designated area. (3) The Commission shall appoint, for the designated area, an Allocation Committee composed of: (a) the District Commissioner for the district who shall be the Chairman: (b) the Resident Mines officer who shall be the Secretary; (c) a member of Parliament of the respective area; (d) the Chairman of the local government authority of the relevant town district, municipal or city; (e) the Executive Director of the relevant town district, municipal or city; and (f) two persons appointed after consultation with the Regional Administrative Secretary. (4) An eligible person who wishes to apply for a primary mining licence in a designated area shall submit application in duplicate in the form issued by the Allocation Committee together with the prescribed fee specified under the First Schedule to these Regulation. (5) The Allocation Committee shall be responsible for allocating primary mining licences in respect of the designated area to eligible applicants. 11 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (6) In making allocations, the Allocation Committee shall have regard to the orderly development of the mining industry in Tanzania and take account of- (a) the technical competence of applicants; (b) the relevant experience of applicants in conducting mining operations; (c) the financial resources of applicants; (d) the acceptance by the applicant to obtain a written consent of the lawful occupier in the designated area; and (e) the need to ensure that people living in the vicinity of the designated area secure a reasonable share of the mineral resources discovered in the designated area (7) For the purpose of this Regulation, the term an eligible person means a person who is not disqualified from holding a primary mining licence under section 8(2) of the Act. Assignment of 18. Where pursuant to section 9 of the Act, the mineral rights holder of a mineral right wishes to assign that mineral rights to another person the assignor shall until the provisions of the transaction has been completed in accordance with the Act continue to be liable for compliance with the provisions of the Act and of these Regulations including a requirement for payment of fees and rents. Overlapping 19.-(1) Where two or more applications are applications received by authorized officer in respect of areas which are partially or wholly overlapping on the same day during the hours of business such applications shall be deemed to have been received simultaneously so that the priority between them over the overlapping area shall be determined by inviting successful applicants to submit to the Commission by such date bids which state the bidding premium and schedule of payment in a period not exceeding six months. 12 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (2) Subject to sub-regulation (1), at the time of opening the bids, all bidders shall be invited to witness and the successful applicant with the highest bid shall be deemed to have priority over the other bidder. (3) Where there are more than one highest bids, the Commission shall determine the priority by determining the best payment schedule submitted by the applicants. (4) Where there are two or more applications for licences over the same areas which are partially or wholly overlapping, the priority will be determined by the date and time of receipt of applications. PART III TRANSITIONAL PROVISIONS Pending 20.-(1) All pending applications shall be applications deemed as applications made under the Mining Act. Cap. 123 (2) The primary mining licence shall be granted by Commission for the duration of seven years. (3) Applicants for prospecting licence shall be required to state the type of mineral applied for as categorized under section 28 of the Mining Act. (4) Application for prospecting licence with Preliminary reconnaissance period shall be deemed to be an application for prospecting licence under section 28 of the Mining Act. (5) Application for gemstone mining licence shall be deemed to be application made under section 49 of the Mining Act. (6) Application for special mining licence shall be deemed to be application made under section 41 of the Mining Act. (7) Applicant holding twenty or more valid prospecting licences shall in respect of pending application be treated in accordance with section 8(6) of the Mining Act. 13 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (8) There shall for avoidance of doubt, be no additional fees payable in respect of applications and preparations of pending mineral right applications. Cancellation of 21.-(1) All retention licences issued prior to the retention licence date of publication of these Regulations are hereby cancelled and shall cease to have legal effect. (2) Consequent upon cancellation of retention licence under sub-regulations (1), rights over all areas which were subject of retention licences are hereby and without further assurance reverted to the Government. Revocation of 22.The Mining (Mineral Rights) Regulations, GN No 405 of 2010 2010 are hereby revoked. 14 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) ___________ FIRST SCHEDULE _________ (Made under Regulation 10(1)) ____________ FEES AND RENTS

1. Application fees US$ Tshs (a) Prospecting licence for metallic minerals, energy minerals 100 and kimberlitic diamond (b) Prospecting licence for building materials and gemstones 100 excluding kimberlitic diamond (c) Prospecting licence for industrial minerals 50 (d) Special licence 2000 (e) Mining licence 1000 (f) Mining licence for building material 500 (g) Primary mining licence 20000 (h) Transfer of primary mining licence 100 (i) Transfer of shares in a primary mining licence 100 (j) Search in register for every one hour or part thereof 50 (k) Registration of any document with of the Commission 200 (l) Approval of any document by the Minister 200

2. Application fees for renewal (a) Prospecting licence for metallic, minerals, energy minerals 100 and kimberlitic diamond (c) Special licence 1000 (d) Mining licence 500 (e) Mininglicence for building materials 500 (f) Primarily mining licence 20000

3. Application for a certificate of suspension (a) Work in the mineral rights under Division C 10000 (b) Work in mineral right other than mineral rights under 100 Division C

4. Application for a certificate of amalgamation (a) Primary mining licence 50000

5. Application for a certificate of amalgamation (a) Part or whole of the primary mining licence area 20000 (b) Part or whole of the area of a mineral right other than a 200 primary mining licence

6. Preparation fees (a) Prospecting licence for all minerals 200 15 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (b) Mining licence for all mineral 500 (c) Special mining licence 1000 (e) Primary mining licence 20000

7. Annual rents payable for all mineral rights other than US$ sq. mineral rights under Division D km (a) Prospecting licence for metallic minerals, energy minerals 40 and kimberlitic diamonds for initial period (b) Prospecting licence for building material 40 (c) Prospecting licence for gemstones excluding kimberlitic 40 diamond (d) Annual rent for first renewal of a prospecting licence 50 (e) Annual rent for second renewal of a prospecting licence 60 (g) Special mining licence 2000 (h) Mining licence for metallic minerals, energy mineral, 1000 gemstones and kimberlitic diamonds (i) Mining licence for building materials and industrial minerals 500

8. Annual rents for minerals under Division D Tshs./ hect (a) Primary mining licence for all minerals other than gold, 10,000 kimberlitic diamonds and gemstones subject to a minimum of 20,000/= for each licensed area having less than 2 hectares. (b) Primary mining licence for gold, kimberlitic diamonds or Tsh.hect. gemstones, subject to a minimum of 40,000/= for each 20,000 licensed area having less than 2 hectares ____________ SECOND SCHEDULE _____________ (Made under Regulation 3) ________________ APPLICATION FORMS AND CERTIFICATES FORM NO. TYPE OF FORM MRF.1 Application for mineral rights under Division A MRF.2 Application for renewal of mineral rights under Division B MRF.3 Application for special mining licence or mining licence under Division A MRF.4 Application for renewal of special mining licence or mining licence under Division B MRF.5 Application for a primary mining licence MRF.6 Primary mining licence MRF.7 Application for renewal of primary mining licence MRF.8 Application for suspension of mining operations MRF.9 Certificate of suspension of mining operations MRF.10 Application for amalgamation of primary mining licences MRF.11 Certificate of amalgamation of primary mining licences MRF.12 Surrender of a primary mining licence 16 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 1 THE MINING ACT, CAP.123 APPLICATION FOR MINERALRIGHTS UNDER DIVISION “A” Applicant(s) hereby apply to the Commission in accordance with the Mining Act, Cap 123

1. Name(s) of applicant(s) …………………………………………………………………

2. Nationality ………………………………………………………………………………

3. Postal Address: Telephone and E-mail…………………………………………………… 4. Name and address of company, or any other body corporate…………………………… 5. (a) Type of Mineral Right (b) Duration

6. Mineral Category/Designated Minerals

7. Location, Size and Coordinates (attach plan) (a) Locality (b) Size Sq. Km or hectares (c) Coordinates Latitude(S) Longitudes (F)

8. Indicate available financial and technical resources

9. Number (s) and type of Mineral Rights(s) previously held

10. Information to be attached (a) Memorandum. Article of Association and Certificate of Incorporation Appendix No.1 (b) Employment and Training programme where applicable Appendix No.2 (c) Any other information required under the Mining Act, 123 I certify the above information to be true to the best of my knowledge Date Signature of applicant NOTES 17 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) 1. The Notes and Section References in this Form are provided for guidance only they do note form part of the Application

2. The applicant is limited to a period not exceeding 4 years in respect of the initial prospecting period except in the case of an application for a prospecting licence for gemstones other than kimberlitic diamonds and a prospecting licence for building materials where under section 32(6) the period may not exceed 1 year and is not subject to renewal.

3. The categories are: (a) Metallic minerals; (b) Energy minerals (c) Gemstones excluding kimberlitic diamond; (d) Kimberlitic diamond; (e) Industrial minerals (f) Building materials.

4. Delete if not applicable.

5. May not exceed the maximum area prescribed by the Mining (Mineral Rights) Regulations 2017.

6. Plan should indicate the area being applied for.

7. The Financial statement should exhibit the Applicant’s latest audited and unaudited accounts and should include duties of available cash resources and borrowing facilities. The Technical Statement should include details of the exploration and production expertise and facilities available to the Applicant internally and of its exploration history in Tanzania and elsewhere.

8. All reference to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application. FORM NO. MRF.2 THE MINING ACT, CAP.123 APPLICATION FOR MINERAL RIGHTS UNDER DIVISION “B” Applicant(s) hereby apply to the Commissioner in accordance to the Mining Act, Cap.123. 1. Name(s) of applicant(s)…………………………………………………………………….. 2. Nationality………………………………………………………………………………….. 3. Postal Address, Telephone and E-mail…………………………………………………… 18 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) 4. Name and address of company, or any other body corporate………………………………

5. (a) Type of Mineral Rights (b) Duration2

6. Mineral Category3/Designated Mineral4

7. Locality, Size5 and Coordinates (attach plan)6 (a) Locality Sq.Km or hectars (b) Coordinates Latitudes(S) Longitudes (E)

9. Indicate available technical resources

10. Information to be attached (a) Employment and Training programme (b) Any other information required under the Mining Act, Cap.123 Appendix No.1 I certify the above information to be true to the best of my knowledge Date…………………... Signature of applicant NOTES 1. The Notes and Section References in this Form are provided for guidance only. They do not form part of the Application.

2. All references to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application. FORM NO. MRF.3 THE MINING ACT, CAP.123 APPLICATION FOR SPECIAL MINING LICENCE OR MINING LICENCE UNDER DIVISION “A” Applicant(s) hereby apply to the Commission in accordance with the Mining Act,Cap.123

1. Name(s) of applicant(s)…………………………………………………………………….. 2. Nationality…………………………………………………………………………………..

3. Postal address, telephone and email………………………………………………………..

4. Name and address of company, or any other body corporate…………………………….. ………………………………………………………………………………………………

5. (a) Type of Mineral Right (b) Durtion2

6. Mineral category3/Designated Minerals4

7. Locality, Size and Coordinates (attach plan)3 (a) Locality 19 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) (b) Size (c) Coordinates Sq. km or hectares Latitudes(S) Longitudes (E)

8. Indicate available financial and technical resources4

9. Number(s) and type of Mineral Right(s) previously held

10. Information to be attached (a) Memorandum Article of Association and Certificate of Appendix No.1 Incorporation where applicable (b) Employment and Training programme Appendix No. 2 (c) Mineral Deposit Data (including gemstones) Appendix No. 3 (d) Programme for Mining Operations Appendix No.4 (e) Environmental Certificate Appendix No.5 (f) Expected infrastructure requirements Appendix No.6 (g) Statement of integrity pledge Appendix No.7 I certify the above information to be true to the best of my knowledge. Date ………………………. Signature of applicant NOTES 1. The Notes and Section Reference in this Form are provided for guidance only. They do not form part of the Application

2. Maximum of 10 years for Mining licence and estimated life of ore body or such period as the applicant may request whichever period is shorter for special mining licence

3. The plan referred should indicate the area applied for.

4. Here insert Financial Statement and Technical Statement. The Financial Statement should exhibit the Applicant’s latest audited and unaudited accounts and should include details of available cash resources and borrowing facilities. The Technical Statement should include details of the exploration and production expertise and facilities available to the Applicant and of its exploration and production history in Tanzania and elsewhere.

5. All references to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application.

6. Environment Certificate provided under Environment Management Act, Cap.191

7. A development Agreement may add to the particulars to be provided in a Mining licence Applicatio 20 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) THE MINING ACT, CAP.123 FORM NO. MRF 4 APPLICATION FOR RENEWAL OF SPECIAL MINING LICENCE OR MINING LICENCE UNDER DIVISION “B” Applicant(s) hereby apply to the Commissionfor Renewal in accordance with the Mining Act,Cap.123

1. Name(s) of applicant………………………………………………………………………..

2. Nationality…………………………………………………………………………………..

3. Postal Address, Telephone and E-mail……………………………………………………..

4. Name and address of a company and other body corporate……………………………… ………………………………………………………………………………………………

5. Number and date of grant of relevant Mineral right

6. Duration for which renewal is sought

7. Type of Mineral(s)

8. Locality, Size and Coordinates (attach plan)3 (a) Locality (b) Size Sq. km or hectare (c) Coordinates

9. Indicate available financial and technical resources

10. Information to be attached4 Employment and Training programme Appendix No.1 Mineral Deposit Data (including gemstones) Appendix No.2 Programme for Mining Operations Appendix No.3 Changes of Infrastructure Requirements Appendix No.4 Further information (if any) Appendix No.5 Any additional capital Appendix No.6 Any additional capital investment Appendix No.7 Statement of integrity pledge Appendix No.8 I certify the above information to be true to the best of my knowledge Date Signature of applicant NOTES 1. The Notes and Section References in this Form are provided for guidance only. They do not form part of the Application.

2. Estimated life of ore boy or such period as the applicant may request whichever period is shorter for Special Mining licence and 10 years for Mining licence period is shorter for Special Mining Licence.

3. This plan should also show the area if any If renewal is sought for only part of the mining area the Pan should also show the reduced area.

4. All reference to “Appendix No” mean that the information concerned is to be set out in a numbered Appendix to the Application. 21 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 5 THE MINING ACT, CAP.123 APPLICATION FOR PRIMARY LICENCE Applicant(s) hereby apply to the Commission for a primary mining licence in accordance with the Mining Act, Cap.123

1. Name, Nationality3 and address of the applicant(s) 2. (a) Corporate Applicant: Name and Address (b) Names and Nationality3 of Share Holders (e) Name and Nationality3 of Directors

3. Type of Mineral(s)

4. Region/District and locality of the primary mining licence. I hereby declare the above to be true to the best of my knowledge this………………. day of…… Date……………………….. Signature of applicant Signature of the Authorised Officer NOTES

1. The notes and section references in this Form are provided for guidance only. They do not form part of the Application.

2. Under Section 55(2) a primary mining licence is granted for a period of seven years subject to renewal under section 56

3. Under Section 8(2) a primary mining licence cannot be granted to an individual who is not a citizen of Tanzania or to a company unless it is incorporated under the Companies Act, Cap. 212 and (a) its members are all citizens of Tanzania (b) its directors are all citizens of Tanzania (c) control over the company, both direct and indirect is exercised from within Tanzania by persons all of whom are citizens of Tanzania. 22 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 6 THE MINING ACT, 2010 PRIMARY MINING LICENCE The exclusive right, subject to the provisions of the Mining Act, Cap.123 and of the regulations now in force or which may come into force during the continuance of this primary mining licence or any renewal thereof is hereby issued to M/S ....................(Name of principal owner) of P.O Box ………….. (address)in partnership with ………………….(name of the partner(s)) (hereinafter called the “licensee”), to prospect and mine for ................. (minerals), at ..................(Locality), in ....................... (name of district)District, QDS ………………. (QDS number)over an area described in the Annex. This Licence, unless sooner cancelled, suspended or surrendered pursuant to the provisions of the Mining Act, Cap.123 shall be valid for a period of……………………. effective from the date of issue. Date……………………………………… ………………………………………….. EXECUTIVE SECRETARY 23 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 7 THE MINING ACT, CAP.123 APPLICATION FOR RENEWAL OF PRIMARY MINING LICENCE Applicant(s) hereby apply to the Commission for a primary mining licence in accordance with the Mining Act, Cap.123

1. Name, Nationality and address of the applicant(s)

2. (a) Corporate Applicant: Name and Address (b) Names and Nationality of Share Holders (c) Names and Nationality of Directors

3. Type of Mineral(s) ………….. Primarylicence No …………………………

4. Region/District and locality (attach plan) of the Primary mining licence………………… I hereby declare the above to be true to the best of my knowledge this………. day of………..… Date ……………… Signature of applicant NOTES

1. The Notes and Section Reference in this Form are provided for guidance only. They do not form part of the Application.

2. Under Section 56(1) the holder of primary mining licence may apply for renewal 3 months before expiry of a primary mining licence.

3. Under Section 8(2) a primary mining licence cannot be granted to an individual who is not a citizen of Tanzania or to a company unless it is incorporated under the Companies Act. Cap 212 and (a) its members are all citizens of Tanzania (b) its directors are all citizens of Tanzania; (c) control over the company, both direct and indirect, is exercised from within Tanzania by persons all of whom are all citizens of Tanzania. 24 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 8 THE MINING ACT, 2010 APPLICATION FOR SUSPENSION OPERATONS We the undersigned, being the owner(s) of Primary Mining Licence No ……………………………...………………………………………………………………………… ……………………………………… and situated at …………………………… in the …………………………….. hereby apply for permission to suspend operations of the said primary mining licence(s)…………………………………………………………………………. particulars of which are detailed herein………………………………………………………… Registered Nos (1) Titles (2) Reasons for which suspension of work desired ………………………………. ………………………………… Date Signature of Applicant (1) State serial title number in register (2) State the Primary Mining Licence number 25 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 9 THE MINING ACT, CAP. 123 CERTIFICATE OF SUSPENSION OF OPERATIONS Certified that I authorized suspension of operations under the primary mining licence (s) No ……………………………………. at ……………………………………… held by ………………………. is allowed until the ………………..… day of ………… under conditions set out herein below………………………........………………...................……… ................................................................................................................ ................................................ ................................................ Date………….…………………… ……………………………………. EXECUTIVE SECRETARY 26 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 10 THE MINING ACT, CAP.123 APPLICATION FOR AMALGAMATION OF PRIMARY MINING LICENCE We the undersigned, being the owner(s) of Primary Mining Licence(s) of ……….........…………… ………………… (1) contiguous primary mining licencesNos …………….……and situated at …………………………… in the ……………..… district hereby apply for permission to amalgamate (1) …………………….....registered as…………………… …………………………...………………………particulars of which are specified here in below Registered Nos (1) Titles (2) Reasons for which suspension of work desired Date………………………………. ………………………………… Signature of Applicant(s) (1) State how many adjoining primary mining licence, of the same class (2) State the Primary Mining Licence number (3) State serial title number in register 27 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM NO. MRF 11 THE MINING ACT, CAP.123 CERTIFICATE OF AMALGAMATION OF PRIMARY MINING LICENCE Certified that I have amalgamated the primary mining licence(s) for ………… (type of minerals) Nos ………………respectively, held by...…………………………………………………………… and situated at ……………………………………….............................................................……... ……………………………………………..................................................………………………… ………………………………………....................................................……………………………… Date ………………..…………………… ……………………………………. EXECUTIVE SECRETARY 28 <!-- page break --> Mining (Mineral Rights) GN. No. 1 (contd.) FORM No. MRF 12 THE MINING ACT, CAP.123 APPLICATION FOR SURRENDER OF PRIMARY MINING LICENCE I ……………………………………….. (Full name or company)………..............................……... of……………………………………………………………………………………(full address or company registered address) being the holder of primary mining licence No…...………………… do hereby apply for surrender of primary mining licence particulars of which are detailed herein ………………………………………………………………………………………………. Additional information

1. Contact Mobile phone number: ………………………………………………………….

2. Contact email (if available): ……………………………………………………………..

3. Contact facsimile number (if available): ……………………………………………….

4. If the applicant is a company a. The company registration No…………………………………………………… b. Contact person:…………………………………………………………………. Date….………………………… …….……………………… Signature or Company Seal ……………………………………. Applicant Dar es Salaam ANGELLAH J.M.KAIRUKI 9th January 2018 Minister for Minerals 29 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) GOVERNMENT NOTICE NO. 2 Published on 10/1/2018 THE MINING ACT, (CAP. 123) _________ REGULATIONS _________ (Made under section 112) _________ THE MINING (MINERALS AND MINERAL CONCENTRATES TRADING) REGULATIONS, 2018 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY PROVISIONS Regulations Title 1. Citation

2. Interpretation PART II DEALING IN MINERALS AND MINERAL CONCENTRATES

3. Requirement for export permit

4. Requirement for import permit

5. Application for export permit for minerals

6. Application for import of minerals

7. Permit to re-export

8. Application for dealer licence 31 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.)

9. Licence and sign to be displayed PART III REGISTRATION AND STORAGE OF MINERALS

10. Licensed dealer to keep a mineral register

11. Minerals to be kept in safe custody PART IV APPLICATION FOR DEALER AND BROKER LICENCE

12. Broker licence

13. Renewal of licence PART V GENERAL PROVISIONS

14. Commission to appoint valuers

15. Appointment of an independent expert

16. Special export permit for non-resident

17. Gem trade fair

18. Certificate of origin for tanzanite minerals

19. Revocation _______ SCHEDULES _______ 32 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) THE MINING ACT, (CAP. 123) ________ REGULATIONS ________ ________ (Made under section 112) ________ THE MINING (MINERALS AND MINERAL CONCENTRATE TRADING) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Mining (Minerals and Mineral Concentrates Trading) Regulations, 2018. Interpretation 2. In these Regulations unless the context otherwise requires- "Act" means the Mining Act; “authorised miner” means holder of mineral rights granted under this Act; “authorised officer” means shall have the same meaning or defined under the Act; “approved valuator" means a Government Diamond Valuator or Government Gemstone Valuator appointed or 33 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) designated as such by the Commission; Cap. 123 ''buy"' means and includes receive as pledge or security; "coloured gemstones” means gemstones which are traded in grams or carats units other than diamond; "Gem Trade Fair" means an exhibition or trading event, organized periodically, aimed at allowing many buyers and sellers to meet for purpose of trading gemstones and gems at a fair market price and promoting mineral trading or value addition activities of gems or other precious minerals; “mineral” means any substance whether in solid, liquid or gasses form, securing naturally in or on the earth or under the seabed formed by or subject to a geological process; “mineral concentrate” has the meaning assigned to it under the Act; “precious minerals'' means coloured gemstones diamonds, gold, silver and platinum group of metals; "sell" includes deposit as pledge or security; “trading” means the process of dealing in the buying or selling of minerals. 34 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) PART II DEALING IN MINERALS AND MINERAL CONCENTRATES Requirement for 3.-(1) An authorised miner or licensed dealer shall export permit not export any mineral which, in the case of an authorised miner, has been produced from the mining area, or, in the case of a licensed dealer has been purchased from an authorised miner or a licensed broker unless- (a) that person has obtained from the authorised officer designated for that purpose by the Commission permit to export the mineral which evidences payment by the authorised miner of royalty or provisional royalty, or, in the case of a licensed dealer, the making of payment or a provisional payment in lieu of royalty, in accordance with the provisions of Part VI of the Act; (b) the minerals are exported in accordance with conditions, not inconsistent with the Act or applicable regulations as set forth in the permit; and (c) in the case of geological, samples core or chips, has obtained an export permit from the authorised officer. (2) A holder of a processing, smelting or refining licence shall not export any mineral which has been processed, smelted or refined unless- (a) that person has obtained from the Commission a 35 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) permit to export the mineral which evidences payment by the authorised miner royalty or provisional royalty, or, in the case of a holder of a processing, smelting or refining licence, the making of payment or provisional payment in lieu of royalty, in accordance with the provisions of Part VI of the Act; (b) the minerals are exported in accordance with conditions not inconsistent with the Act or applicable regulations as set forth in the permit. Requirement for 4.-(1) An authorised miner or licensed dealer shall import permit not import any minerals unless that person has obtained from the Commission a permit to import the minerals. (2) An importer of minerals intended for industrial use or construction purposes is required to obtain a permit from the Commission to import such minerals. (3) A holder of processing, smelting or refining licence shall not import any minerals unless that person has obtained from the Commission a permit to import such minerals Application for 5.-(1) An application for a permit to export export permit for minerals minerals or samples of minerals shall be made in Form MTF. 1 and a permit to export minerals or samples of minerals shall be issued in Form MTF. 2 respectively specified in the Second Schedule to these Regulations. 36 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) (2) A permit to export minerals and samples of minerals shall be issued only in respect of minerals and samples of minerals which have first been examined and weighed by the Mines Resident Officer and packed in a container the outer cover of which has been sealed at every opening with a seal of the Commission. (3) A permit to export minerals or samples of minerals shall cease to be valid in the event that any of the seal affixed to the container is broken prior to export. (4) Every permit to export minerals or samples of minerals shall, at the time of export, be surrendered by the licensed dealer to the postmaster or customs official through whom the export is effected and the postmaster or customs official, as the case may be, shall forthwith forward such permit to the authorised officer by whom it was issued. (5) An application for a permit to export processed minerals shall be made in Form MBF.1 and a permit to export processed minerals shall be issued in the Form MBF.2 respectively specified in the Second Schedule to these Regulations. (6) A permit to export processed minerals shall be issued only in respect of processed minerals which have first been examined and weighed by the Commission and packed in a container the outer cover of which has been sealed at every opening with a seal of the Commission. (7) A permit to export processed minerals shall 37 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) cease to be valid in the event that any of the seals affixed to the container is broken prior to export. (8) Every permit to export processed minerals shall during all the time of export be surrendered by the holder of processing, smelting or refining licence to the postmaster or customs official through whom the export is effected and the postmaster or customs official, as the case may be, shall forthwith forward such permit to the Commission. Application for 6.-(1) An application for a permit to import import of minerals minerals shall be made in Form MBF.3 and a permit to import minerals shall be issued in Form MBF.4 specified in the Second Schedule to these Regulations in the case of an application for a permit to import minerals for processing or shall be made in form MBF.3 and a permit to import minerals for processing shall be issued in form MBF.4. (2) The fees specified in the First Schedule to these Regulations, shall be payable for an application for issuance of a permit to import under these regulations. (3) Every permit to import minerals shall be subject to the condition that, upon arrival in Tanzania of the minerals to which the permit relates, the validity of the permit would be confirmed by the Commission by an endorsement to that effect before such minerals may be released by the Tanzania Revenue Authority upon collection of customs duty. 38 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) (4) For the purpose of confirmation of the validity of a permit a holder of a permit to import minerals shall submit the permit to customs officials of Tanzania Revenue Authority who shall forthwith forward the same to the Commission. (5) When the customs officials receive a permit to import minerals whose validity has been duly confirmed by the Commission the customs officials shall- (a) endorse on such permit the date and place of importation of the minerals to which the permit relates and his signature; (b) return such permit to the licensed dealer importing the minerals for retention by the licensed dealer ·as an authorization for the possession of the minerals imported; and (c) release the minerals to the licensed dealer importing the same. Permit to re-export 7.-(1) Minerals which have been imported into Tanzania before coming into force of these Regulations shall not be exported by an authorised miner or a licensed dealer unless a permit to export has been obtained from the Commission. (2) A permit to export minerals which have been imported shall not be issued unless a permit under which such minerals were imported is produced to the Commission and the Commission is satisfied that the minerals to be exported comprise of the whole or part of the minerals to which a permit to import relates. 39 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) (3) Where the Commission is satisfied that the provisions of' sub-regulations (2) have been complied with it may issue a permit to export minerals and shall- (a) if the minerals to be exported comprise of the whole of the minerals to which the permit to import relates, cancel and retain the import permit; or (b) if the minerals to be exported do not comprise of the whole of the minerals to which the permit to import relates as regards full particulars relating to the minerals to be exported including particulars as to the weight, endorse on the permit and return the import permit to the person who produced it. Application for 8.-(1) An application for dealer licence shall be dealer license made in Form MTF.5 and a dealer licence shall be issued in Form MTF.6 respectively specified in the Second Schedule to these Regulations. (2) Every application for a dealer licence shall be submitted in duplicate to the Commission and shall be accompanied by the application fee. Licence and sign to 9.-(1) Every licensed dealer shall at all times be displayed cause to be displayed in a prominent and conspicuous position at the place of business specified in the licence- (a) a dealer licence; and (b) a sign bearing the name and the words “Licensed Mineral Dealer” in legible roman letters 40 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) at least eight centimetres in height. (2) Any licensed dealer who contravenes any of the provisions of this Regulation commits an offence and shall on conviction be liable to a fine not exceeding fifty million shillings or to imprisonment for a term not exceeding two years. PART III REGISTRATION AND STORAGE OF MINERALS Licensed dealer to 10.-(1) Every licensed dealer shall keep at the place keep a mineral register of business specified in the licence a minerals register in respect of each variety of mineral kept at such place of business or otherwise in custody in a manner specified in Form MTF.7 set out in the Second Schedule to these Regulations. (2) Particulars required to be entered in the minerals register shall be entered immediately after every receipt, dispatch or disposal of minerals and signed at the time of making every such entry. (3) On or before the third day of each calendar month the licensed dealer shall forward to the Commission a assigned certified true copy in duplicate of all entries made in the minerals register during the preceding months. (4) Where a licensed dealer is a company, co- operative society or partnership an entry or copy of an entry which is required shall be made by a lincesed dealer or a person duly appointed for that purpose by such company, cooperative society or a partnership. 41 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) (5) A licensed dealer who contravenes any of the provision of sub-regulations (1), (2) or (3) commits an offence and shall be liable to a fine not exceeding ten million shillings on conviction or to imprisonment for a term not exceeding six months. Minerals to be kept 11.-(1) Subject to sub-regulation (2), a licensed in safe custody dealer of precious minerals shall not keep any minerals otherwise than at the place of business specified in the licence or at a bank, safe deposit or other secure location . (2) For the purpose of sub-regulation (1), every person having possession, custody or control of any minerals shall- (a) at all times keep the minerals in a safe and secure place accessible only to that person and to such other persons as authorized to access minerals; and (b) ensure that such minerals when in transit at any time in Tanzania are transported to prescribed destination without delay and by the most direct route. (3) The Commission may, by notice in writing addressed to a person having possession, custody or control of any minerals- (a) require such person to store in such place and in such manner as specified in the notice all such minerals or any particular minerals possessed or 42 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) received or under or coming under control of that person; (b) prohibit the storage of such minerals or any particular minerals in such place in a manner specified in the notice; or (c) prohibit the custody of such minerals or any particular minerals by such person or persons as may be specified in the notice. (4) Any person who contravenes the provisions of this Regulation commits an offence and shall on conviction be liable to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding one year. PART IV APPLICATION FOR DEALER AND BROKER LICENCE Broker licence 12.-(1) An application for a dealer licence shall be made in Form MTF.8 and dealer licence shall be issued in Form MTF.9 respectively specified in the Second Schedule to these Regulations. (2) Every application for a broker licence shall be submitted in duplicate to the Commission accompanied with fees prescribed for such application. (3) Every licensed dealer shall keep full and accurate records and accounts in respect of each transaction in Form MTF.10 specified in the Second Schedule to these Regulations and submit quarterly report 43 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) of such records and accounts. (4) A dealer licence shall authorize the holder to buy minerals in any area within a zone for which the licence is issued. Renewal of licence 13.-(1) Application for renewal of a dealer licence shall be in Form MTF.11 set out in the Second Schedule and accompanied with fees specified in the First Schedule to these Regulations. (2) Application for renewal of broker licence shall be in Form MTF.12 specified in the Second Schedule to these Regulations and accompanied by application fees specified in the First Schedule to these Regulations. PARTY V GENERAL PROVISIONS Commission to 14.-( I) The Commission may appoint persons appoint valuers to act on that behalf as Government Diamond Valuators for diamonds and Government Gemstone Valuators for coloured gemstones. (2) Where an application has been made by an authorised miner or a licensed dealer or licensed broker for a permit to export diamonds or coloured gemstones and at the time of the application, the applicant has not sold the diamonds or coloured gemstones, the Commission 44 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) shall, in terms of section 89 of the Act and, after consultation with approved valuator, assess a provisional payment in lieu of royalty payable by the applicant before issuing permit to export. (3) Where an application has been made by an authorised miner or a licensed dealer or licensed broker for a permit to export diamonds or coloured gemstones and at the time of the application the diamonds or coloured gemstones have been sold by the applicant, the applicant shall produce to the authorised officer, invoices, receipts, contracts or other documentary evidence required by the authorised officer to establish the sale price of the diamond or coloured gemstones. (4) The sale price so established shall be used to calculate the gross value of the diamonds or coloured gemstones for the payment of royalty or the making of a payment in lieu of royalty, unless the Commission, in terms of section 87 of the Act and, after consultation with an approved valuator, gives to the applicant notice that the Commission considers that the realised price does not correspond to the price which would be payable for the diamonds or coloured gemstones had the diamonds or coloured gemstone been sold on similar terms in a transaction at arm’s length between a willing seller and a willing buyer. (5) Where in terms of sub-regulation (2) a provisional assessment has been made by the Commission or in terms of sub-regulation (4) the gross 45 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) value of diamonds or coloured gemstones has been established, an approved valuator shall seal the diamonds or coloured gemstones in the presence of the authorised miner or as the case may be, the licensed dealer, licensed broker or duly appointed agents and hand over the same to the authorised miner or the licensed dealer or duly appointed agent. (6) An authorised miner or licensed dealer who paid a provisional assessment of royalty or made a provisional payment in lieu of royalty shall, as soon as the diamonds or coloured gemstones in respect of which the provisional payment have been sold, submit to the authorised officer documentary evidence satisfactory to the authorised officer, of the price realised on sale and no claim for any repayment may be considered until such documentary evidence has been lodged with the authorised officer. Appointment of an 15. Where the amount of the market value of independent expert minerals sold by an authorized miner or licensed dealer is in dispute, the Commission and the holder of licence shall agree to appoint an independent expert from recognized institution or an individual of international standing and the value determined by an independent expert shall be treated as the market value of such minerals. Special export 16.-(1) A non-resident who wishes to export permits for non- resident minerals acquired from authorised miner or licenced dealer 46 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) shall apply to the Commission, upon payment of fees as set out in the First Schedule, for export permit by filling in Form MTF 13 specified in the Second Schedule, and a special export permit shall be issued in Form MTF.14 specified respectively in the Second Schedule to these Regulations. (2) There shall be different fees for a non-resident with a tourist visa where value of minerals to be exported is not more than one thousand United State Dollars provided that royalty for such minerals is paid. (3) Special permit referred to in this Regulation shall not be issued to same non-resident for more than two times in a year. Gem trade fair 17.-(1) There shall be a Gem Trade Fair conducted for the purpose of promoting and marketing gemstone industry in Tanzania. (2) A non-resident who wishes to import minerals for the purpose of trading in a Gem Trade Fair shall be required to apply to the Commission, upon payment of fees specified in the First Schedule for import permit for such minerals by filling in Form MTF.16 set out in the Second Schedule to these Regulations. (3) An import permit shall be issued in Form MTF.16 specified in the Second Schedule to these Regulations. (4) An non-resident who wishes to export minerals obtained from a Gem Trade Fair, shall be required to apply to the Commission, upon payment of fees specified in the 47 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) First Schedule, for export permit for such minerals, by filling in Form MTF.17 specified in the Second Schedule. (5) An export permit shall be issued in Form MTF.18 specified in the Second Schedule to these Regulations. (6) Restrictions stipulated under Regulations 14 and 16 shall not apply to a holder of a licence or a dealer licence who trades in a Gem Trade Fair. Certificate of origin 18.-(1) Every export permit for tanzanite minerals for tanzanite minerals shall be accompanied by a certificate of origin issued by an authorised officer for that purpose. (2) The format of a certificate of origin of tanzanite shall be in such a manner as specified in the Second Schedule to these Regulations. (3) The customs officials or any of Tanzanian Revenue Authority authorised officer shall have powers to confiscate any tanzanite minerals which are exported without a certificate of origin. Revocation 19. The Mining (Mineral Trading) Regulations, GN. No. 406 of 2010 2010 are hereby revoked. 48 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) ________ SCHEDULES __________ FIRST SCHEDULE ____________ (Made under Regulations) FEES FOR DEALING IN MINERALS

1. Application fees for dealer licence(non refundable) Sh.50,000/=

2. Application fees for broker licence (non refundable) Sh. 15,000/=

3. Licence fees for dealer licence (a) gold, metalic minerals and coloured gemstones Sh. 500,000/= (b) diamonds Sh. 1,000,000/= (c) coal and industrial minerals Sh. 250,000/=

4. Licence fees for broker licence Sh. 100,000/=

5. Application fees for renewal of dealer licence Sh. 50,000/=

6. Application fees for renewal of broker licence Sh. 10,000/=

7. Fees for renewal of dealers licence (a) gold, metalic minerals and coloured gemstone Sh. 400,000/= (b) diamonds Sh. 800,000/= (c) coal and industrial minerals Sh. 150,000/=

8. Fees for renewal of broker licence Sh. 80,000/=

9. Application fees for export permit of minerals Sh. 50,000/=

10. Application fees for import permit of minerals Sh. 100,000/=

11. Application fees for special export permit of minerals for non US$ 1000 resident

12. Application fees for special export permit of minerals for tourist US$ 100

13. Application fees for special export permit of minerals purchased at US$ 100 a Gem Trade Fair

14. Application fees for import permit of minerals imported for a Gem US$ 100 Trade Fair 49 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) _________ SECOND SCHEDULE _________ FORMS AND LICENCE MTF 1 Application for Permit to Export Minerals and Samples of Minerals MTF 2 Export Permit for Minerals and Samples of Minerals MTF 3 Application for Permit to Import Minerals MTF 4 Import Permit for Minerals MTF 5 Application for Dealer Licence MTF 6 Dealer Licence MTF 7 Minerals Register MTF 8 Application for Broker Licence MTF 9 Broker Licence MTF 10 Monthly Return Form for Brokers MTF 11 Application for Renewal of Dealer Licence MTF 12 Application for Renewal of Broker Licence MTF 13 Application for Special Export Permit for Non Resident MTF 14 Special Export Permit for Non Resident MTF 15 Application for Permit to Import Minerals for Gem Trade Fair MTF 16 Import Permit for Minerals for Gem Trade Fair MTF 17 Application for Permit to Export Minerals from Gem Trade Fair MTF 18 Permit for Exportation of Minerals from Gem Trade Fair MBF 1 Application for Export Permit for Processed Minerals MBF 2 Export Permit for Processed Minerals MBF 3 Application for Permit to Import Minerals for Processing MBF 4 Import Permit for Minerals for Processing 50 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.1 THE MINING ACT, CAP. 123 ________ Made under Regulation 5 _______ APPLICATION FOR PERMIT TO EXPORT MINERALS AND SAMPLES OF MINERALS To COMMISSION

1.(full name)........................................................................................... ....................... of (address) ....................................................................................................... ........... Hereby apply for a permit to export minerals in accordance with the following particulars:-

1. I am the holder of valid licence No ................................ issued on............................

2. I wish to export package(s) containing (type,variety and net weight of minerals) ............................................................................................................................. ........ of a total value of TZS/USD .....................................................................................

3. The source of minerals for export (a) mining company (state the name and licence number)…………………………. (b) minerals dealer(state the name and licence number)…………………………… (c) mineral broker(state the name and licence number)……………………………. (d) any other sources(state the name and identity number)…………………………

4. The export of the said minerals will be made at (place of export) ....................................................................................... by (means of transmission ....................................................................................... to (name and address) ................................................................................................................................... ............................................................................................................................. ...... I have made in respect of the minerals to be exported a (payment in lieu of royalty)(a provisional payment in lieu of royalty) of.................(state the amount) and attach a copy of official receipt number..................... dated......................................................................... Date this ....................................................... day of ........................ 20..................... __________________ Signature of Applicant 51 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.2 THE MINING ACT, CAP. 123 _________ Made under Regulations 5 ________ EXPORT PERMIT FOR MINERALS AND SAMPLES OF MINERALS Permission is hereby granted to (full name) .......................................................................... ..............................................................holder of Licence No .................... of (full address) .................................................................................................................... ............................ To export ................... packages(s) containing (type, variety and net weight of minerals) .. .................................................................................................................... ........................... ..................................... by (state means of transmission from Tanzania and post office or place at which the minerals are to be exported)...................................................................... I hereby certify that the payment (provisional payment) in lieu of royalty due from the licensed dealer in respect of these minerals has been received. This permit is valid for a period of ....................... days from the date hereof. this permit is issued subject to (the following conditions(s) ................................................................................................................................................. .................................................................................................................... ............................. ................................................................................................................................................. Dated at .............................................. this .................... day of ................ 20 ...... .............. .......................................................... EXECUTIVE SECRETARY 52 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.3 THE MINING ACT, CAP. 123 _________ Made under Regulation 6 _________ APPLICATION FOR PERMIT TO IMPORT MINERALS To: COMMISSION 1. [full name] ....................................................................... of [address] ......................................................................................... hereby apply for a permit to import minerals in accordance with the following particulars:-

1. I wish to import one package(s) containing [variety and net weight of mineral] ............................................................................................................................. ....... .................................................................................................................................... ............................................................................................................................. ........ ............................................................................................................................. ........ of a total value of TZS/US$............................................................................................... 2. The importation of the said minerals will be made at [place of entry through customs]

3. The said minerals will be/have been transmitted from [name and address] ..................................................................... by [means of transmission] ........................................................................................ on [date]

4. The said minerals are the property of [name and address] ....................................... ................................................................. and will be used for [state purpose]....... ............................................................................................................................. ....... ..................................................................................................................................... Date this.................... day of ............. 20.............. _______________________ Signature of Applicant 53 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.4 THE MINING ACT, CAP. 123 ___________ Made under Regulation 6 ___________ IMPORT PERMIT FOR MINERALS No.___ Permission is hereby granted to [full name] .......................................................................... .................................................................................................................... . of [full address] .................................................................................................................... .................................................... .................................................................................................................... ...... ......................................................................................................................... of a................ total value declared by the importer as being TZS/USD .............. The minerals shall be imported at [state name of Customs station at which entry is to be made]..................... on or before [sate date] .......................... otherwise this permit shall be null and void. This permit is issued subject to the following conditions(s):- .......................................................................................................... ........................... .................................................................................................................... ................. .............................................................................................. ........................................ .................................................................................................................... .................. Dated at ........................ this day of ................ 20............... __________________________ EXECUTIVE SECRETARY For completion by Customs The precious minerals to which this permit refers were imported by [full name and address of importer] .............................................................................................................. ......................................................................... from .................... at [place of ent ry]......... .................................. on [date] ................................... 20 ..................... ........................... Customs Official NOTE: This permit must be submitted to a Customs Official at the time of importation of minerals to which it relates for confirmation by the LICENSING AUTHORITY. 54 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.5 THE MININNG ACT, CAP. 123 ___________ Made under Regulation 8 ___________ APPLICATION FOR A DEALER LICENCE

1. The applicant hereby applies to the Commission for a dealer’s licence in accordance with section 73 of the Mining Act, Cap. 123

2. Individual applicant (a) Name......................................................................................... ........................ (b) Nationality......................................................................................................... (c) Address.............................................................................................................

3. Corporate applicant (a) Name and address of company or any other body corporate............................. ........................................................................................................................... (b) Name and Nationality of Directors .................................................................................................. ......................... ........................................................................................................................... (c) Copy of the Memorandum and Articles of Association must be enclosed herewith

4. Types of minerals: whether gold, metallic minerals, coloured gemstone, diamonds coal and industrial minerals....................................................................................................

5. Evidence of financial resources available to carry on business as a minerals dealer ........................................................................................... .......................................

6. Address situation and description of premises at which business of mineral dealer will be carried on ............................................................................................................................. ....... ......................................................................................................... ........................... Details of arrangements for safe custody of minerals where applicable ............................................................................................................................. ........ 55 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) .....................................................................................................................................

7. Details of applicant’s knowledge and experience in dealing with minerals.............. ............................................................................................................................. ........ ......................................................................................................................... ............ ............................................................................................................................. ........

8. Previous dealer licence (If any) (a) Particular of dealer licence previously granted ..................................................................................................................................... (b) State whether the applicant was disqualified from renewing any dealer licence previously granted under section 73(2). ..................................................................................................................................... ............................................................................................................................. ........

9. State whether the applicant has been convicted of a criminal offence relating to the buying or selling of minerals. ............................................................................................................................. ....... ............................................................................................................................... ..... I certify that the above information to be true to the best of my knowledge. Date ....................................................... --------------------------- Signature of Applicant 56 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.6 THE MINING ACT, CAP. 123 ___________ Made under Regulation 8 ___________ DEALER LICENCE Licence is hereby granted to [full name] ............................................................ ............................................ of [full address ........................................................ to buy sell or otherwise deal in minerals................................ [type of mineral] for the period of twelve months from the date of issue at the following premises. ............................................................................................................................. .............................................................................................................................. .............................................................................................................................. This licence is issued subject to the following terms and conditions:- .................................................................................................................... ............................. .................................................................................................................... ............................. ......................................................................................................... ........................................ .................................................................................................................... ............................ Date at ................. this .................... day of ........................ 20 ................ ............................................... EXECUTIVE SECRETARY Note:

1. This licence must be displayed at the place of business specified herein.

2. The licensee shall be liable for the due in lieu payment of royalties and otherprescribed fees in respect of all minerals bought sold received or exported by him 57 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF. 7 THE MINING ACT, CAP. 123 ___________ Made under Regulation 10 ___________ MINERALS REGISTER Entries in this Register must be MINERAL REGISTER FOR THE A certified true copy made immediately after every MONTH OF ...... 20..... IN RESPECT OF of this Register must receipt or disposal (Variety of minerals) (see note)....... be forward in duplicate to the Licensing authority on or before the third day of the succeeding month Name and address of Mineral Dealer’s Licence No. In respect of Dealer premises at RECEIPT SALE DISPATCHES etc. Date Received Net Price Signature Date sold Sold Export Net Value Received from Weight paid (s) of dispatched dispatched Permit Weight (see (name person or or No note 3) and making disposed disposed (if address) entry of of to exported) (see note 2) (name and address) Brought forward TOTAL FOR MONTH NOTES SUMMARY CERTIFICATE

1. This register to be in Brought forward (weight) It is hereby respect of variety of certified that minerals this is true and correct record of all (variety of minerals)

2. In the case of a company Total receipts (Weight) Received, sold, co-operative society or .................................................. dispatched or partnership firm each otherwise entry in this register must Total dispatched (Weight) disposed of by be signed by a director .................................................. me/us during committee member, the month and 58 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) manager, secretary or Carried forward (Weight) that they were partner firm as the case .................................................. acquired as may be. shown in a legal and bona fide manner. ......................... ......................... Title

3. Value should be actual Date....................... 20............ Title................. selling price if known otherwise insert estimated Signature.......... gross value submitted for royalty purpose. (see note.2) 59 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.8 THE MINING ACT, CAP. 123 ___________ Made under Regulation 12 ___________ APPLICATIOIN FOR BROKER LICENCE

1. The applicant hereby applies to the Commisison for a broker licence in accordance with section 80 of the Mining Act, 2017

2. Individual applicant (a) Name................................................................................................ ........ (b) Nationality ............................................................................................... (c) Business Address of the Applicant .......................................................... .................................................................................................................. (d) Physical Address of the Applicant ............................................................

3. Corporate applicant (a) Name and address of company r any other body corporate ................................................................................................................... (b) If it is a Company Memorandum and Article of Association must be enclosed herewith. ...................................................................................................................... ......................................................................................................................

4. Types of minerals applied.............................................................................................

5. Zone where the applicant is made................................................................................

6. Evidence of financial resources available.....................................................................

7. Have you ever been convicted in any court of an offence relating to buying and selling possession or export of precious minerals? I certify the above information to be true to the best of my knowledge Date ......................................................... ..................................... Signature of Applicant 60 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.9 THE MINING ACT, CAP. 123 ___________ Made under Regulation 12 ___________ BROKER LICENCE Licence is hereby granted to (full name) .............................................. of (full address).................................................................................................... to buy, sell or otherwise deal in ..................................... (type of minerals) for a period of twelve months from the date of issue. The Licence is issued subject to the following terms and conditions- ...................................................................................................... .......................................... .................................................................................................................... ............................. ................................................................................................................................................. .................................................................................................................... ............................. Date at ......................................... this ........................ day of.......................... 20............. ............................................. EXECUTIVE SECRETARY Note: This licence does not authorise the licensed broker to export minerals. 61 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF. 10 THE MINING ACT, CAP. 123 ___________ Made under Regulation 12 ___________ MINERAL REGISTER FOR THE MONTH OF ....................................... year................... IN RESPECT OF (variety of minerals). Name and address of a Broker Broker’s Licence No........................................................ RECEIPT SALE DISPATCHES etc Date Received Buying Signature(s) Date Sold, Net Selling received from price person dispatched Weight Price (name making of disposed and entry (see of to (name address note 2) and address) TOTAL FOR MONTH NOTES SUMMARY CERTIFICATE 1 This register to be in Brought forward (Weight) It is hereby certified respect of variety of ................................................... that this is true and minerals correct record of all (variety of minerals)

2. In the case of a Total receipts (Weight) Received, sold, company co-operative .................................................. dispatched or society or partnership otherwise disposed firm each entry in this Total dispatched (Weight) of by me/us during register must be .................................................. the month and that signed by a director they were acquired as committee member, Carried forward (Weight) shown in a legal and manager, secretary or .................................................. bona fide manner. partner firm as the ................................ case may be. ................................ Title

3. Value should be Date....................... 20.................. Title......................... actual selling price if known otherwise Signature................. insert estimated gross value submitted for (see note.2) royalty purpose. 62 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.11 THE MINING ACT, CAP. 123 ___________ Made under Regulation 13 ___________ APPLICATION FOR RENEWAL OF DEALER LICENCE 1. The applicant hereby applies to the Commission for renewal of a Dealer licence in accordance with section 75 of the Mining Act, 2010.

2. Individual holder of Dealer licence: (a) Name:.............................................................................................................. (b) Nationality:..................................................................................................... (c) Address:..........................................................................................................

3. Corporate holder of Dealer licence: (a) Name:................................................................................................................ (b) Companies registry entry particulars (Indicate change in shareholding if any............................................................................................ ........................

4. Details of Dealer licence Date of Issuance ............................................... No ................................................... Types of minerals ......................................................................................................

5. Evidence or details of turnover for a period of twelve months from the issuance of licence. I certify the above information to be true to the best of my knowledge. Date ................................................... ................................................ Signature of Applicant 63 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.12 THE MINING ACT, CAP. 123 ___________ Made under Regulation 13 ___________ APPLICATIOIN FOR RENEWAL BROKER LICENCE

1. The applicant hereby applies to the Commission for renewal of a broker licence in accordance with section 82 of the Mining Act, CAP. 123

2. Individual of Broker licence: (a) Name............................................................................................................. (b) Nationality .................................................................................................... (c) Postal Address of the Applicant..................................................................... (d) Residential Address of the Applicant ............................................................

3. Corporate holdr of Broker licence: (a) Name:........................................................................................... ................... (b) Companies registry entry particulars............................................................... ........................................................................................................................ ........................................................................................................................

4. Details of Broker licence: Date of Issuance:........................................... No ........................................................... Turnover report from the date of issuance of the licence................................................ ........................................................................................... ............................................. ........................................................................................................................................ I certify that the above information to be true to the best of my knowledge. ................................................ Signature of the Applicant 64 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.13 THE MINING ACT, CAP. 123 ___________ Made under Regulation 16 ___________ APPLICATION FOR SPECIAL PERMIT TO EXPORT MINERALS FOR NON RESIDENT To: COMMISSION 1. [Full name] ................................................................................................................. Of [address] ............................................................................................................................ hereby apply for a permit to export minerals in accordance with Regulation 21 with the following particulars:-

1. I wish to export package(s) containing [type, variety and net weight of minerals] ......................................................................................................................... ......................................................................................................................... ......................................................................................................................... of a total value of TZS/USD...........................................................................

2. The export of the said minerals will be made by me at [place of export] ................................................................. by [means of transmission] ................................................................... to [name and address] ........................................................................................................................ ........................................................................................... .............................

3. The source of minerals for export is (a) mining company (state the name and licence number) ………………………………………………………………………………. (b) minerals dealer(state the name and licence number) ………………………………………………………………………………. (c) mineral broker(state the name and licence number) ………………………………………………………………………………. (d) any other sources(state the name and identity number) ………………………………………………………………………………. I have made in respect of the minerals to be exported a [payment in lieu of royalty] [a provisional payment in lieu of royalty] of .................................... [state the amount] and attach a copy of the official receipt number .................................................. dated....................................................................................................................................... Dated this...................... day of ...................... 20 .......... ..................................................... Signature of Application 65 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.14 THE MINING ACT, CAP. 123 ___________ Made under Regulation 16 _____________ SPECIAL EXPORT PERMIT FOR NEW RESIDENT Permission is hereby granted to [full name] .................................................................................................. ....................................................................... holder of licence No............... of [full address ........................................................................... on behalf of [name and address of owner of minerals] .................................................................................................................... ........ ................................................................................................................................................ .................................................................................................................... ............................ To export ........... package(s) containing [type, varierty and net weight of minerals] ........................................................................................................................................................................ ........................................................................................................................................................................ ....................................by [state means of transmission from Tanzania and post office or place at which the minerals are to be exported] ........................................................................................................................................................................ The source of minerals for export is (a) mining company (state the name and licence number)…………………………. (b) minerals dealer(state the name and licence number)…………………………… (c) mineral broker(state the name and licence number)……………………………. (d) any other sources(state the name and identity number)………………………… I hereby certify that the payment [provisional payment] in lieu of royalty due from the licensed dealer or miners in respect of these minerals has been received. This permit is valid for a period of ........................ days from the date hereof this permit is issued subject to the following condition(s):- .................................................................................................................... .................................................... ........................................................................................................................................................................ .................................................................................................................... .................................................... ....................................................................................................................................................... ................. Date at .................... this. .................... day of .......... 20....................... ............................................................. EXECUTIVE SECRETARY 66 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.15 THE MINING ACT, CAP. 123 ___________ Made under Regulation 17 _____________ APPLICATION FOR PERMIT TO IMPORT MINERAL’S FOR GEM TRADE FAIR To: COMMISSION 1. [Full name] .................................................................................... of [address].................... ............................................................................................................................................................... ................................................................... hereby apply for a permit to import minerals in accordance with the following particulars:-

1. I wish to import one package(s) containing [type, variety and net weight of minerals].................................................................................................... .................................................................................................................. .................................................................................................................. .............................................................................................. .................... .................................................................................................................. ....................................of a total value of TZS/US$.

2. The importation of the said minerals will be made at [place of entry through customs] ....................................................................................... .................................................................................................................... ....................................................................................................................

3. The said minerals will be/have been transmitted from [name and address] ....................................................................................................................... ............................................................. by [means of transmission] ................................................................................................... on [dat e] .......................................................................................................................

4. The said minerals are the property of [name and address] ........................... ....................................................................................................................... ............................................and will be used for Gem Trade Fair for a year .................................................................................................................. Date this ......................... day of ..................... 20 ...................... ......................................... Signature of Applicant 67 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.16 THE MINING ACT, CAP. 123 ___________ Made under Regulation 17 _____________ IMPORT PERMIT FOR MINERALS FOR GEM TRADE FAIR Permission is hereby granted to [full name] .................................................................. ......................................................................................................................................... address] ................................................................... to import package(s) containing [variety] and net weight of minerals] ..................................................................................... .................................................................................................................... ............................. ........................................................................ of total value declared by the importer as being TZS/US.............................. the minerals shall be imported at [state name of customs station at which entry is to be made]................................ on or before [state date] ................................. otherwise this permit shall be null and void. This permit is issued subject to the following contion(s):- ............................................................................................................... ....................................................... ............................................................................................................... ....................................................... ............................................................................................................... ....................................................... ...................................................................................................................................................................... Dated at ............ this ............... day of ................... 20 .................... .......................................... EXECUTIVE SECRETARY .................................................................................................................... ........................... For completion by customs The minerals to which this permit refers were imported by [full name and address of importer] ...............................................................................................................from. .................. at [place of entry] ..................................... on [date] .................... 20........................... ............................. Customs Official Note: This permit must be submitted to a Customs Official at the time of importation of minerals to which it relates for confirmation by the LICENSING AUTHORITY. 68 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.17 THE MINING ACT, CAP. 123 ___________ Made under Regulation 17 _____________ APPLICATIN FOR PERMIT TO EXPORT MINERALS FROM A GEM TRADE FAIR To: COMMISSION 1.[full name] ....................................................................................................... of [address] ..................................................................................................... hereby apply f or a permit to import minerals in accordance with the following particulars:-

1. I wish to export ........................ package(s) containing [variety and net weight of minerals] ............................................................................................... ..................... ............................................................................................................................. ....... ................................................................................................... ................................. ............................................................................................................................. ....... .................................................................................................................................... of a total value of TZS/US$........................................................................................

2. The exportation of the said minerals will be made at [place of entry through customs]...................................................................................................................... ............................................................................................................................. .......

3. The said minerals will be/have been transmitted from [name and address] ........... ............................................................................................................................. ....... ....................................................................................... by [means of transmission] .................................................................................. on [date] .....................................................................................................................................

4. The said minerals are the proper of [name and address ............................................. ..................................................................................................................................... I have made in respect of the minerals to be exported a [payment in lieu of royalty][a provisional payment in lieu of royalty] of .................. [State the amount] and attach a copy of the official receipt number................................ date .............................................. Dated this ...................................... day of ...................... 20 ................ .................................... Signature of Applicant 69 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MTF.18 THE MINING ACT, CAP. 123 ___________ Made under Regulation 17 _____________ PERMIT FOR EXPORTATION OF MINERALS FROM GEM TRADE FAIR Permission is hereby granted to (full name) .......................................................................... .................................................................................................................... .................of [full address] .................................................................................................to export package(s) containing [type, variety and net weight minerals]................................................................ .................................................................................................................... ............................. .............................................................................................................. ......................... of a total value declared by the importer as being TZS/USD ............................... The minerals shall be exported at [state name of customs station at which entry is to be made] .......................... on or before [state date]..................................................... otherwise this permit shall be null and void. This permit is issued subject to the following condition(s):- ................................................................................................................................................. .................................................................................................................... ............................. ................................................................................................................................................. .................................................................................................................... ............................. Dated .................... this .................... day of .............................. 20.............. ............................................................. EXECUTIVE SECRETARY For completion by Customs The minerals to which this permit refers were exported by [full name and address of importer]........................................................................................................... ...................... .....................................................................................................................................from .................................................................................................................... .................................................... ..... at [place of entry] ................................................................... on [date]....................................... 20...................... .......................... Customs Official NOTE: This permit must be submitted to a Customs Official at the time of importation of minerals to which it relates for confirmation by the LICENSING AUTHORITY. 70 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MBF.1 THE MINING ACT, CAP. 123 ___________ Made under Regulation 5 _____________ APPLICATION FOR PERMIT TO EXPORT PROCESSED SMELTED/REFINED MINERALS To: COMMISSION I, [full name].................................................................................................................. .......... of [address].............................................................................................................................. Hereby apply for a permit to export minerals in accordance with the following particulars:-

1. I am the holder of a valid licence No....................................... issued on ................. ............................................................................................................................. .......

2. I wish to export package(s) containing [type, variety and net weight of minerals] ............................................................................................................................. ....... .......................................................................................................................... .......... ............................................................................................................................. ........ ............................................................................................................. ........................ of a total value of TZS/USD

3. The source of minerals for export is (a) mining company (state the name and licence number)…………………………. (b) minerals dealer(state the name and licence number)…………………………… (c) mineral broker(state the name and licence number)……………………………. (d) any other sources(state the name and identity number)…………………………

4. The export of the said minerals will be made at [place of export] ........................................................................................ by [means of transmission ................................................................................................ to [name and address] ..................................................................................................................................... ............................................................................................................................. ........ I have made in respect of the minerals to be exported a [payment in lieu f royalty][a provisional payment in lieu of royalty] of............................................[state the amount] and attach a copy of the official receipt number.........................................dated................... .................................................................................................................... ............................. Dated this ................................................... day of .............................. 20............................. ................................................. Signature of Applican 71 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MBF.2 THE MINING ACT, CAP. 123 ___________ Made under Regulation 5 _____________ PERMIT FOR EXPORT OF PROCESSED/SMELTED/REFINED MINERALS Permission is hereby granted to [full name] ........................................................................ ....................................................... holder of a Processing/Smelting/Refining Licence No..................... of [full address]................................................................................. on behalf of [name and address of owner of minerals................................................................ to export................................. package(s) containing [variety and net weight of minerals] .................................................................................................................... ............................ ......................................................................................................................................... ....... ......................................... by [state means of transmission from Tanzania and post office or place at which the minerals are to be exported]................................................................. I hereby certify that the payment [provisional payment] in lieu of royalty, in respect of these minerals has been received. This permit is valid for a period of ..................................... days from the date hereof. This permit is issued subject to [the following condition(s):- .................................................................................................................... ............................. .................................................................................................................... ............................. ................................................................................................................................................. .................................................................................................................... ............................. Dated at .............................. this ................ day of ............... 20 ........................................................... COMMISSION 72 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MBF.3 THE MINING ACT, CAP. 123 ___________ Made under Regulation 6 _____________ APPLICATION FOR PERMIT TO IMPORT MINERALS FOR PROCESSING/SMELTING/REFINING To: AUTHORISING OFFICER I,[full name]....................................................................................................... . of [address] ................................................................................................hereby apply for a p ermit to import minerals in accordance to Regulation 11, with the following particulars:-

1. I wish to import..... package(s) containing [variety and net weight of minerals] .................................................................................................................... ............................. ................................................................................................................................................. .................................................................................................................... ............................. ................................................................................................................................................. of a total value of TZS/US$......................................................................................... ...........

2. The importation of the said minerals will be made at [place of entry through Customs]............................................................................................................ ........

3. The said minerals will b/have been transmitted from [name and address] .................................................................................................................... ........................... ..................................................................................................by [means of transmission] .................................................................................................................... .. on [date] ............................................................................................................. ..................................

4. The said minerals are the property of [name and address] ........................... .................................................................................................................... ............................ .............................................................................................and will be used for [s tate purpose] ................................................................................................................. ................. Date this ............................ day of ..................... 20....................... ................................................ Signature of Applicant 73 <!-- page break --> Mining (Minerals and Mineral Concentrates Trading) Regulations GN. No. 2(contd.) FORM MBF.4 THE MINING ACT, CAP. 123 ___________ Made under Regulation 6 _____________ IMPORT PERMIT FOR MINERALS FOR PROCESSING/SMELTING/REFINING Permission is hereby granted to [full name] ...................................................of [full address]............................................................................................................ ... holder of a processing/smelting/refining licence No. to import packages (s) containing [variety and net weight of minerals] ......................................................................................................................................... ....... .................................................................................................................... ............................ ...........................of a total value declared by the importer as being TZS/USD]..................................... The minerals shall be imported at [state name of Customs station at which entry is to be made].......................on or before [state date]..................................otherwise this permit shall be null and void. This permit is issued subject to the following condition(s):- .................................................................................................................... ............................. ................................................................................................................................................. Dated at this...................... day of .................... 20.................. .......................................................... EXECUTIVE SECRETARY For completion by Customs The minerals to which this permit refers were imported by [full name and address of importer]........................................................................................................... ...................... .......................from ..................at[place of entry .............on [date] ....................20.............. ............................................. Customs Official Note: This permit must be submitted to a Customs Official as the time of importation of minerals to which it relates for confirmation by the LICENSING AUTHORITY. Dar es Salaam ANGELLAH J. M. KAIRUKI January, 2018 Minister for Minerals 74 <!-- page break --> Mining (Local Content) GOVERNMENT NOTICE NO. 3 published on I0/01/2018 TT{E MINING ACT, (cAP. 123) REGULATIONS (Made under sections 102 and 112) THE MINING (LOCAL CONTENT) REGULATIONS,2Ol8 PART I PRELIMINARY PROVISIONS Regulation Title 1. Citation 2. Application 3. Interpretation

4. Objectives PART II ADMINISTRATIVE PROVISIONS

5. Local Content Committee

6. Functions of the Committee

7. Local content requirements 75 <!-- page break --> Mining (Local Content) GN. No 3 (contd)

8. Interest of a citizen in mining operations PART III LOCAL CONTENT PLAN

9. Setting up of local office

10. Submission oflocal content plans for approval 1 1. Review of local content plan

12. Content of the local content plan

13. Minimum local content levels

14. Preference to indigenous Tanzanian companies

15. Basis of bid evaluation

16. Submission of proposed contracts

17. Submission of quarterly forecasts

18. Documents required during bidding process

19. Review of contract PART IV EMPLOYMENT AND TRAINING SUB-PLAN AND SUCCESSION PLAN

20. Employment and Training Sub-Plan

21. Succession plan

22. Middle and junior level positions PART V PROGRAMME FOR RESEARCH AND RESEARCH DEVELOPMENT SUB-PLAN

23. Programme for research, development and budget

24. Research and Development Sub-Plan 76 <!-- page break --> Mining (Local Content) GN. No. j (contd) PART \rI TECHNOLOGY TRANSFER PROGRAMMES AND REPORTS

25. National plan on technology ransfer

26. Technology transfer programme

27. Technology Transfer Sub-Plan

28. Support for technology transfer

29. Technology transfer reporl PART VII LOCAL INSURANCE SERVICES CONTENT

30. Insurance and reinsurance 3 I . Approval of offshore insurance PART VIII LEGAL SERVICES CONTENT

32. Legal services

33. Legal Services Sub-Plan PART IX FINANCIAL SERVICES CONTENT

34. Financial services

35. Financial Services Sub-Plan

36. Operation of bank account in Tanzania PART X LOCAL CONTENT PERFORMAI{CE REPORTING

37. Requirement for submitting local content performance report 3 8. Assessment of performance report

39. Requirement for third party reporting 77 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) PART XI DATA AND INFORIVIATION ON LOCAL CONTENT

40. Establishment of a Common Qualification System

41. Object of the Common Qualification System

42. Availability of information

43. Public education

44. Communication oflocal content policies PART XII MONITORING, COMPLIANCE AND ENFORCEMENT

45. Electronic filing of documents

46. Establishment of guidelines and procedures

47 . Local content monitoring

48. Investigations PARTXIII FINAL PROVISIONS

49. Offences and penalties

50. Complaints to Minister

51 . Transitional provisions 78 <!-- page break --> Mining (Local Conlent) GN. No.3 (conrd) THE MINING ACT, (cAP. 123) REGT'LATIONS (Made under seclions 102 and 112) THE MINING (LOCAL CONTENT) REGULATIONS,2Ol8 PART I PRELIMINARY PROVISIONS Citation

1. These Regulations may be cited as the Mining Local Content Regulations, 2018. Application

2.These Regulations apply to local content with respect to mining activities. lnterpretation 3.ln these Regulations, unless the context otherwise requires- Cap.123 "Act" means the Mining Act; "Award Notification Form" means a fomr issued by a contractor or licensee to inform a successful bidder of an award of a contract; "bid rigging" means the manipulation of a bid process by dishonest means; "cartelization" means a collection of businesses that act together as a single producer and agree to 79 <!-- page break --> Mining (Local Conlent) GN. No. 3 (contd) inlluence prices for certain goods and services by controlling the supply through production and marketing activities; "Commission" means the Mining Commission Cap. 123 established by the Act; "Committee" means the Local Content Committee established under these Regulations established under these regulation; "common qualification system" means a centralized system of pre-qualiffing service providers in mining industry based on capacities, capabilities and local content strength to enable ranking and categorization of the service providers as well as tracking and monitoring their performance; "contractor" means a person who has entered into a mining agreement with the United Republic to undertake mining exploration and production activities under the Act; "corporation" means the entity to be established or designated as such to for purposes of holding control of Government mineral assets; "front" means to deceive or behave in a particular mannerintended to conceal the fact that a company is not an indigenous Tanzanian company; "in-country spend" means the amount of money spent in Tanzania in relation to the mining activities carried by the mining companY; 80 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) "indigenous Tanzanian companyri means a company incorporated under the Companies Act that - (a) has at least fifty-one percent of its equity owned by a citizen or citizens of Tanzania; and Cap.2l2 (b) has Tanzanian citizens holding at least eighty percent of executive and senior management positions and one hundred percent of non- managerial and other positions; "licensee" means a person granted a licence to undertake mining activities; "local content" means the quantum or percentage of locally produced materials, personnel, fi nancing, goods and services rendered in the mining industry value chain and which can be measured in monetary terms; "local content monitoring" means keeping track of, or monitoring compliance with these Re gulations ; "long term local content plan" means a local content plan that covers a period of five years as specified in the First Schedule; "National Policy on Local Content" means the Local Content and Local Participation in Mining Activities Policy Framework issued by the Ministry responsible for minerals; "mining activities" means any activity engaged in within and outside Taruanta related to the exploration for, development and production of minerals, the acquisition of data, mining and exEaction or 81 <!-- page break --> Mining (Locol Contenl) GN. No. 3 (contd) mining of minerals, storage, transportation and decommissioning and the planning, design, construction, installation, operation and use of any facility for the purpose of the mining operations; "mining operations" means operations carried out in the course of undertaking mining activities; "mining industry value chain" means the processes involved in the mining industry such as exploration, development and production, transportation, processing and markethg; "qualified" means technical comp€tence and financial capability to fulfil all obligations under a mining agreement or mining license; "subcontractor" means a third party to whom the Corporation or a confiactor has entered into a mining contract for the provision of services for Mining operations; "technical core staf includes geologists, engineers and technicians; "value-addition" means the economic improvement of a product or service in the mining industry. Objectives 4. The objectives ofthese Regulations are to- (a) promote the maximization of value-addition and job creation tfuough the use of local expertise, goods and services, businesses and financing in the mining industry value chain and their retention in Taszania; 82 <!-- page break --> Mining (Local Content) GN. No. 3 (coatd) (b) develop local capacities in the mining industry value chain through education, skills transfer and expertise development, transfer of technology and know-how and active research and development programmes; (c) achieve the minimum local employment level and in-country spend for the provision of the goods and services in the mining industry value chain as specified in the First Schedule; (d) increase the capability and international competitiveness of domestic businesses; (e) create mining and related supportive industries that will sustain economic development; (f) achieve and maintain a degree of control by Tanzanians over development initiatives for local stakeholders; (g) provide for a robust and transparent monitoring and repo(ing system to ensure delivery of local content policy objectives; (h) provide for the submission of the local content plan and related sub-plans by contractors, subcontractors, licensees and any other allied entity involved in the mining industry including- (i) the provision ofgoods and services; (ii) the transfer to the Corporation or the Commission and Tanzanians of advanced technology and skills related to mining activities; (iii)a recruitment and training programme; and (i) supervise and coordinate the implementation and monitoring of local content. 83 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) PART II ADMINISTRATIVE PROVISIONS Local Content 5.-(l) There shall be established a Local Content Commiftce Committee for the mining activities. (2) The Committee shall have the following members: (a) one full time member of the Commission who shall be the Chairman; (b) the Director of Labour and Employment; (c) a representative of the Tanzanian Private Sector Foundation; (d) the Chief Executive Officer of the Geological Survey of Tanzania; (e) the head of legai sewices department of the Ministry responsible for Minerals; and (0 the Executive Secretary of the Commission. (3) The Chairman of the local content committee shall be appointed by the Chairman of the Commission. Functions of thc 6.-(1) The Committee shall be responsible for Commiftee overseeing the implementation of these Regulations and ensuring measurable and continuous growth in local content in all mining activities.. (2) Without prejudice to the generality of sub- regulation (1), the Committee shall- (a) oversee, coordinate, and manage the development of local content; (b) prepare guidelines, to include targets and formats for local content plans and reporting; 84 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) (c) make appropriate recommendations to the Commission for smooth implementation of these Regulations; (d) set minimum standard requirements for local content in local content plans where applicable; (e) undertake public education; (f) undertake local content monitoring and audi! and (g) perform any other functions conferred on the Committee by the Commission. (3) The Committee shall submit quarterly reports of its activities to the Commission. Local co cnt 7. A contractor, subcontractor, licensee, the requirement Corporation or other allied entity carrying out a mining activity shall ensure thal local content is a component of the mining activities engaged in by that contractor, subcontractor, and licensee, the Corporation or other allied entity. Intercst ofa citizen 8.-(1) An indigenous Tanzanian company shall be in mining operations given first preference in the gant of a mining license with respect to mining activities subject to the fulfillment ofconditions specified in these Regulations. (2) There shall be at least a fiYe percent equity participation of an indigenous Tanzanian company other than the Corporation to be qualified for grant of a mining licence. (3) Despite sub-regulation (2), the Minister may vary the requirement specihed in that sub-regulation, in circumstances where an indigenous Tanzanian company is unable to satisry the requirement of five percent equity participation. 85 <!-- page break --> Mining (Local Content) GN. No 3 (contd) (4) For the purpose of sub regulation (2), the Minister shall determine the persons qualified. (5) The interest of an indigenous Tanzanian company arising from a mining license is not transferable to a non-indigenous Tanzanian company. (6) A non-indigenous Tanzanian company which intends to pro-vide goods or services to a contractor, a subcontractor, licensee, the Corporation or other allied entity within Tanzzrria shall incorporate a joint venture company with an indigenous Tanzanian company and afford that indigenous Tanzanian company an equity participation of at least twenty percentum. (7) A contractor, subcontractor, licensee or other allied entity shall before the commencement of mining activities submit a plan to the Commission specifying- (a) the role and responsibilities of the indigenous Tanzanian company; (b) the equity participation of the indigenous Tanzanian company; and (c) the strategy for the transfer of technology and know-how to the indigenous Tanzanian company. PART III LOCAL CONTENT PLAN Setting up local 9.As far as practicable, before carrying out any office work or activity in the mining industry a contractor, subcontractor, licensee or other allied entity shall set up a project office within the district where the project is located. Submission of 10.-(1) A contractor, subcontractor, licensee or local content plans for approval other allied entity shall when making application to undertake mining activity prepare and submit a local content plan for approval by the Commission. 86 <!-- page break --> Mining (Local Content) GN. No 3 (contd) (2) For purposes of sub-regulation (1) a conffactor, subcontractor, licensee, or other allied entity shall submit to the Commission- (a)a long term local content plan which corresponds with the work programme that accompanies the application; and (b) an annual local content plan in respect of each year. (3) The Commission shall, within seven working days of the receipt of a local content plan, acknowledge receipt and submit the local content plan to the Committee. Revieu oflocal 11.-(l) The Committee shall within twenty-five content plan working days of the receipt of the local content plan submitted under regulation 7(3), review and assess the plan and inform the Commission in wilting of the recommendations of the Committee. (2) The Committee shall, if satisfied that the plan complies with the requirements of these Regulations, recommend the local content plan to the Commission for approval. (3) Where the Committee is dissatisfied with the local content plan, it shall recommend that the Commission reject the plan and it shall state the reasons for the recommendation. ( The Committee may for the purpose of ) reviewing or assessing the local content plan- (a) provide as far as practicable to persons involved in the mining industry or likely to be affected by the decision a reasonable opportunity of being heard; and 87 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) (b) take into account any representation made before submitting its recommendalion to the Commission. (5) The Commission shall approve the local content plan if it is satisfied that the local content plan complies \.vith the provisions of these Regulations and shall communicate its decision to the applicant within seven working days of the approval of the recommendations of the Committee. (6) Where, based on the recommendations made by the Committee, the Commission determines not to approve the local content plan in whole or in part, the Commission, shall within seven working days of making the determination, notify the applicant and fumish the applicant a written statement of the reasons for rejection by the Commission to approve the local content plan. (7) Where the Commission rejects to approve the local content plan submitted by the applicant, the applicant shall (a) revise the local content plan taking into account the recommendations of the Commission; and (b) within fourteen working days, submit the revised local content Plan to the Commission. (8) Where the Commission fails to notiff the applicant of its approval or otherwise ofthe revised local content plan, the revised local content plan shall be deemed io have been approved upon expiry of fifty working days of the submission. 88 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) Content oftie local 12.-(1) The local content plan submitted to the content plan Commission by a contractor, subcontractor, licensee or other allied entity shall contain detailed provisions- (a) to ensure that- (i) first consideration is given to services provided within the country and goods manufactured in the country where the goods meet the specifications of the mining industry as established by the Standards Authority or by other intemationally acceptable standards; (ii) qualified Tanzanians are given first consideration for employment; and (iii)adequate provision is made for the trainhg of Tanzanians on the job; (b) on how the contractor, subcontactor, licensee or other allied entity intends to guarantee the use of locally manufachued goods where the goods meet the specifications of the mining industry. (2) A collective bargaining agreement entered into by a contractor, subcontractor, licensee or other allied entity in respect of the terms and conditions of employment of an association of employees shall be in accordance with the Employment and Labour Relations Act. Cap.366 (3) Without limiting sub-regulations (l) and (2), a local content plan shall have the following sub-plans: (a) an Employment and Training Sub-Plan; (b) a Research and Development Sub-Plan; (c) a Technology Transfer Sub-Plan; (d) a Legal Services Sub-Plan; and (e) a Financial Services Sub-Plan. Minimum local 13.-( I ) The minimum local content for any content levcls mining activity in Tanzania shall be of the levels specified in the First Schedule. 89 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) (2) A contractor, subcontractor, licensee, the Corporation or other allied entity shall achieve the minimum local content levels specified in the First Schedule. (3) Without limiting sub-regulation (2), the Commission shall take into account the work programme of a contractor, subcontractor, licensee, the Corporation and other allied entity specified in the respective mining licence in determining the minimum local content levels to be achieved; (4) Notwithstanding sub-regulation (2) the Minister in consultation with the Commission, may prescribe any additional the minimum local content level specified in the First Schedule. Preference to l4.A contmctor, subcontractor, licensee or other indigenous Tanzanian allied entity shall establish and implement a bidding companies process for the acquisition of goods and services to give preference to indigenous Tanzanian companies. Basis of bid 15.-(t) A contractor, subcontractor, licensee or evaluation other allied entity shall not award a contract based solely on the principle ofthe lowest bidder. (2) Where an indigenous Tanzanian company has the capacity to execute a job, that indigenous Tanzanian company shall not be disqualified exclusively on the basis that it is not the lowest financial bidder. (3) Where the total value of the bid by a qualified indigenous Tanzanian company does not exceed the lowest bid by more than ten percent, the contract shall be awarded to that indigenous Tanzanian company. (4) Where during an evaluation of bids, the bids are adjudged to be equal, the bid containing the highest level of local content shall be selected. 90 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) (5) Where a non-indigenous Tanzanian company is required to provide goods and services to a contractor, subcontractor, licensee, or other allied entity, that non indigenous Tanzanian company shall- (a) incorporate a company in Tanzania and operate it from Tanzania; and (b) provide the goods and services in association with an indigenous Tanzanian comPany, where praclicable. (6) The Commission shall establish bid evaluation guidelines in accordance with applicable laws and regulations for ensuring that the year on year progression of the local content objectives of these Regulations are met. Submission of 16.-(l) A contractor, subcontractor, licensee or proposed contracts other allied entity shall inform the Commission in writing of each proposed contract or purchase order- (a) related to mining activities which is to be sole sourced; or (b) where it is to be sourced by a competitive bidding procedure that is estimated to be in excess of the shilling equivalent of one hundred thousand United States Dollars. (2) A contractor, subconEactor, licensee or other allied entity shall submit the following documents for the approval of the Commission: (a) advertisements relating to expression of interest; (b) requests for proposals; (c) prequalification criteria; 91 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) (d) technical bid documents; (e) technical evaluation criteria; and (f) any other information requested by the Commission to enable the Commission determine that the local content requirements have been complied with. (3) The Commission shall, within ten working days of receipt of the documents, communicate its decision to the contractor, subcontractor, licensee or other allied entity. (4) Where the Commission without good cause fails to communicate its decision to the contractor, subcontractor, licensee or other allied entity within the period specified in sub-regulation (3), the documents shall be deemed approved. Submission of 17.-(l) Without limiting the requirements of quanerly forecasts regulations 13, a contractor, subcontractor, licensee or other allied entity shall not later than the first day ofeach quarter submit to the Commission a list of- (a) contract of purchase orders to be sole sourced; and (b) contracts or purchase orders estimated to exceed the equivalent of one hundred thousand United States Dollars and intended to be tendered for or executed in the next quarter. (2) A contractor, subcontractor, licensee or other allied entity shall provide information specified in the Second Schedule in respect of each contract or purchase order. 92 <!-- page break --> Mining (Local Content) GN. No i (contd) Documents 18.-(1) A contractor, subcontractor, licensee or rcquired for bidding process other allied entity shall provide the Commission with the following information at the various stages of the bidding process- (a) before issuing a prequalification notification to prospective bidders, the information specified in Part A of the Third Schedule; (b) before issuing a Request for Proposals or a Request for Quotations, the information specified in Part B of the Third Schedule; and (c) before awarding of a contract or puchase order to the selected bidder, the information specified in Part C of the Third Schedule. (2) The Commission shall confirm that each document submined is satisfactory or otherwise provide written comments on the document submitted during the bidding process within fourteen working days of the receipt of the document. (3) Where the Commission, without good cause fails to acknowledge receipt of the documents submitted by the contractor, subcontractor, licensee or other allied entity within the period specified in sub-regulation (2), the submission shall be deemed as approved. Review ofcontract 19.-(1) The Commission shall, where it considers necessary, review some contracts. (2) The Commission shall, within seven working days of the commencement of a quarter of the year, advise the contractor, subcontractor, licensee or allied 93 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) entity of which contracts have been chosen for review by the Commission. (3) The Commission shall inform the confiactor, subconfactor, licensee or other allied entity of the outcome of the review or assessment before the first day of the relevant quarter. PART IV EMPLOYMENT AND TRAINING SUB.PLAN AND SUCCESSION PLAN Employment and 20.-(l) The Employment and Training Sub-Plan Training Sub-Plan submitted by a contactor, subcontractor, licensee or other allied entity to the Commission with respect to a mining activity shall include- (a) a forecast of the hiring and training needs of the contractor, subcontractor, Iicensee, or other allied entity which includes- (i) a specification ofthe skills needed; (ii) the anticipated skill shortages in the Tanzanian workforce; (iii) the specific training requirements; and (iv)the anticipated expenditure that will be incurred bY the contractor, subcontractor, licensee or other allied entity in implementing the Emplolment and Training Sub-Plan as forecasted; (b) a time frame within which the contractor, subconEactor, licensee or other allied entity will provide emplolment opportunities for the Tanzanian workforce for each phase of the Mining activity to enable members of the Tat:zanian workforce prepare forsuch opportunities; and 94 <!-- page break --> Mining (Local Content) Gli. No 3 (contd) (c) efforts made and procedures adopted for the accelerated training of Tarzanians. (2) The contractor, subcontractor, licensee or other allied entity shall provide to the Commission a quarterly report on- (a) employment and training activities for the reporting period; and (b) a comparative analysis of the Employment and Training Sub-Plan and the employment and training activities 10 monitor compliance.

21.-(l) The quarterly report shall state the number of new Tanzanian employees employed during the respective quarter and their job descriptions. (2) The Commission may request any further information the Commission considers necessary for the purpose of the implementation of these Regulations. (3) Where Tanzanians are not employed because of lack of expertise, the confactor, subconhactor, licensee or other allied entity shall ensure, to the satisfaction of the Commission that every reasonable effort is made to provide training to Tanzanians in that field locally or outside Tarzania. Succession plan 21.-(l) A contractor, subcontractor, licensee or other allied entity shall, as part of the Employment and Training Sub-Plan, submit to the Commission a succession plan for any employment position that is occupied by a non- Tanzanian to ensure that the minimum local content levels specified in the First Schedule are met. 95 <!-- page break --> Mining (Local Contenl) GN. No. 3 (conrd) (2) The succession plan shall make provision for and require Tanzanians to understudy the requirements of the position held by a non-Tanzanian for a period determined by the Commission on a case-by-case basis after which the position occupied by the non-Tanzanian shall be assumed by the Tanzania citizen. Middle and junior 22.-(l) A contractor, subcontractor, licensee, or leYel positions other allied entity engaged in mining activities shall employ only Tanzanians in junior level or middle level positions. (2) For the purpose of this regulation, "junior or middle level positions" includes the position of foreman, supervisor or any coresponding position designated as such. PART V PROGRAMME FOR RESEARCH AND RESEARCH DEVELOPMENT SUB.PLAN Prograrnme for 23.A contractor, subcontractor, licensee or other research, development and allied entity shall, after $ant of mining licence and budget before the iom-.nc..e.rt of Mining activities, submit a programme for research, development and budget to .the 'Coimission for the promotion of education, practical attachments, training and research and development in the country in relation to its overall work programme and activities. Research and 24.-(1) A Research and Development Sub-Plan Developmcnt Sub- Plan submitted by a contractor, subcontractor' licensee or other allied entity to the Commission with respect to a mining activity shall- (a) outline a revolving three to five - year programme for Mining related research and 96 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) development initiatives to be undertaken in the country; (b) provide details of the expected expenditure that will be made in implementing the Research and Development Sub-Plan; (c) provide for public calls for proposals for research and development initiatives associated with the activities of the contractor, subcontractor, licensee or other allied entity and criteria for selecting proposals which qualify for support. (2) The contractor, subcontractor, licensee or other allied entity shall- (a) update its Research and Development Sub-Plan annuallY; and (b) submitthe updated Research and Development Sub-Plan to the Commission for review and approval. PART VI TECHNOLOGY TRANSFER PROGRAMMES AND REPORTS National plan on 25.The Commission shall, in consultation with rechnology transfer the Planning Commission, relevant Ministries, Government Departments and agencies identified by the Commission- (a) develoP the national PolicY on technology transfer with respect to the mining industrY; and (b) publish the national policyin the Gazette and a newsPaPer of wider national circulation. Technolory 26.,{ contractor, subcontractor, Iicensee, or other transfer programme allied entity shall support and carry out a programme in accordance with the national plan on technology fansfer 97 <!-- page break --> Mining (Locol Content) GN. No. 3 (contd) and priorities for the promotion of technology hansfer to Tanzania i-n relation to the mining industry. Technology 27.A Technology Transfer Sub-Plan submitted by transfer Sub-Plan a contractor, sub-contractor, licensee or otler allied entity shall include a programme of planned initiatives aimed at promoting the effective transfer of technolggies from the contractor, subcontractor, licensee or other allied entity to aTanzanian indigenous company or citizen. Suppoft for 28.-(1) A contractor, subcontractor, licensee or technology transfer other allied entity shall support and facilitate technology transfer as regards the formation of joint ventues, partnering of licensing agreements between indigenous Tanzanian companies or citizens and foreign contractors and service companies or supply companies. (2) The Minister shall consult with relevant Govemment agencies to propose fiscal incentives to assist: (a) foreign comPanies which aim to develop technological capacity and skills of citizens; and (b) indigenous Tanzanian companies which establish factories and production units in the corntrY. (3) For purposes of sub-regulation (2), the Govemment agencies consulted shall collaborate with the Commission. (4) The Commission shall propose criteria for obtaining fi scal incentives. Technology 29.A contractor, subcontractor, licensee or other hansfer report allied entity shall submit a technology transfer report annually to the Commission stating the technology transfer initiatives being pursued and the current results in relation to the Technology Transfer Sub-Plan. 98 <!-- page break --> Mining (Local Content) GN. No.3 (contd) PART VII LOCAL INSURANCE SERVICES CONTENT lnsurarce and 30.-(1) A contractor, subcontractor, licensee or relnsurance other allied entity engaged in a mining activity in the country shall comply with the provisions of the Insurance Act,. cap. (2) The insurable risks relating to mining activity in the country shall be insured through an indigenous brokerage firm or where applicable on indigenous a reinsuance broker. Approval of 31.-(l) A person who seeks to obtain offshore an offshorc insurmce insurance service relating to a Mining activity in the country shall obtain written approval of the Commission of lnsurance. (2) In granting an approval for procuring insurance services offshore, the National Insurance Commission shall ensure that Tanzanian local capacity has been fully exhausted. PART VIII LEGAL SERVICES CONTENT Legal services 32.A contractor, subconfiactor, licensee or an allied entity engaged in a mining activity that requires legal services in the country shall retain only the services of a Tanzanian legal practitioner or a firm of Tanzanian legal practitioners whose principal offrce is located in Tanzania. Legal Services 33.The Legal Services Sub-Plan submitted to the Sub-Plar Commission shall include- (a) a comprehensive report on legal services utilized in the preceding six months by expenditure; 99 <!-- page break --> Mining (Local Content) GN. No. 3 kontd) (b) forecast oflegal services required during the ensuing six months where applicable, and the projected expenditure for the services; and (c) annual legal services budget for the ensuing year quoted in Tanzania Shilling and United States Dollars. PART IX FINANCIAL SERVICES CONTENT Financial services 34.-(1) A contractor, subcontractor, licensee or other allied entity that requires financial services with respect to a mining activity shall retain only the services ofa Tanzanian financial institution or organization. (2) Despite sub-regulation (1), a contractor, subcontractor, licensee or an allied entity may with the approval of the Commission engage the services of a lorei gn fi nancial institution or organization. Financial Services 35. A contractor, subcontractor, licensee or an Sub-Plan allied entity who has submitted a Financial Services Sub- Plan to the Commission shall speciff the following: (a) the financial services utilized in the preceding six months by expenditure; (b) a forecast of financial services required in the ensuing six months and the projected expenditure for the financial services; and (c) a list of financial services utilized in the preceding six months, the natue of financial services provided and the expenditure for the financial services made by the contractor, subcontractor, licensee or other allied entity. 100 <!-- page break --> Mining (Local Contenl) GN. No. 3 (contd) Operation ofbank 36.-(l) A contractor, subcontractor, licensee or account in Tanzania other allied entity shall maintain a bank account with an indigenous Tanzanian bank and transact business through banks in the country. (2) For the purpose of this regulation, "an indigenous Tanzanian bank" means a bank that has one hundred percent Tanzanian or a majority Tanzanianshareholding. PART X LOCAL CONTENT PERI'ORMANCE REPORTING Requirement for 37.-(1) A contractor, subcontractor, licensee or submitting local content other allied entity shall within forty-five days of the perfomance report beginning of each year after commencement of mining activities submit to the Commission an annual Local Content Performance Report covering all its projects and activilies for the year under review. (2) The report shall be in a format prescribed by the Commission and shall- (a) speciff by category of expenditue the local content on both current and cumulative cost basis; and (b) Show the employment achievement in terms of hours worked by Tanzanians and foreigners as well as their job positions and remuneration. Assessment of 38.-(l) The Commission shall, within fifty working days after receipt of the Local Content p€rformance report Performance Report, assess and review the Local Content Performance Report to ensure compliance with these Regulations. (2) For purposes of assessment and verification of the report, a contractor, subcontractor, licensee or an allied entity shall allow an employee or a designated agent of the Commission access to their facilities, 101 <!-- page break --> Mining (Locol Conlent) GN. No. 3 (contd) documents and infonnation as the Commission may require. Requirement for 39.-(1) A contractor, subcontractor, licensee or third palty reporting other allied entity shall ensure that its partners, contractors, subcontractors and allied entity are contractually bound to report local content information to the contractor, subcontractor, licensee or other allied entity and, if requested, to the Commission. (2) A contractor, subcontractor, licensee or other allied entity shall allow an agent or official designated by the Commission access to the records of the contractor, subcontractor, licensee or an allied entity for purposes of assessment and verification of the local content information reported to the contractor, subcontractor, licensee or other allied entity or the Commission. PART XI DATA AND INFORMATION ON LOCAL CONTENT Establishment ofa 40.-(1) The Commission shall, in consultation Co[unon Qualification with stakeholders in the mining industry, establish a System Common Qualification System, (2) The Commission shall manage the Common Qualification System in accordance with these Regulations. Object ofthe 41.(1) The objective of the Common Common Qualification Qualification System shall serve as the soie system for System the registration and pre-qualification of local content in the mining industry. 702 <!-- page break --> Mining (Local Conrent) GN. No. 3 (contd) (2) For the purpose of sub-regulation (1), Common Qualification System shall be used for- (a) the verification of contractors' capacities and capabilities; (b) the evaluation of application of local content submitted by a contractor, subcontractor, licensee or other allied entity; (c) the tracking and monitoring of performance and provision of feedback; and (d) ranking and categorization of mining service companies based on capabilities and local content. Availability of 42.-(1) Any person may during working hours: information (a) access and inspect records that relate to local content kept by the Commission and designated as public records; or (b) request to be fumished with a certified copy or extract from any document that that person is entitled to access. (2) The right of a person to inspect or obtain a copy of a recordfiled or kept in electronic form by the Commission shall extend only to the reproductions of the document in written form in a manner that the Commission determines. (3) An application for an extract or a certified copy of record requested shall be accompanied by a fee determined by the Commission. (4) The Commission shall publish on its website,information relating to these Regulations and local content and local padcipation requirements generally. 103 <!-- page break --> Mining (Local Content) GN. No. j (conrd) Public education 43.The Commission shall ensue that public educationis undertaken to educate contractors, subcontractors, licensees and other allied entities, the public and industry stakeholders to educate them about the local content policy and philosophy and to ensure the implementation of these Regulations. Communication of 44.-(l) A contractor, subcontractor, licensee or local content policies other allied entity shall- (a) communicate local content policies, procedures and obligations to any person engaged by that contractor, subcontractor, licensee or other allied entity to perform an aspect of a mining activity; and (b) monitor and ensure compliance with local content policies, procedures and obligations. (2) Notwithstanding sub-regulation (1), a confiactor, subcontractor, licensee or other allied entity shall make available the local content policies, procedures and obligations of that contractor, subcontractor, licensee or other allied entity available on their respective websites. PART XII MONITORING, COMPLIANCE AND ENFORCEMENT Electronic filing of 45.-(l) The Commission may issue guidelines to oocumenl5 provide for a system requiring documents under these Regulations to be filed in electronic form. cap" (2) The system for filing of documents in electronic form shall be in accordance with the Electronic Transactions Act, and shall provide for- (a) the criteria for authorizing persons to file documents in electronic form; and (b) thesecurity and authentication of the documents filed. to4 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) Establishment of 46.-(1) The Commission shall establish and guidelines and procedures constantly review guidelines and procedures for the effective implementation of these Regulations. (2) Without limiting sub-regulation (1), the Commission shall, in consultation with relevant institutions, issue guidelines for compliance by a contractor, suhontractor, licensee and other allied entiry in respect ofthe following: (a) requirements and targets for the growth of research and development of the Mining industry of the country; (b) minimum standards, facilities, personnel and technology for training in the Mining industry of the country; (c) lnvestment in or setting up a facility. factory, production unit or other operation in the country to carry out any production or manufacturing or to provide any Mining related service specified in Part Two of the First Schedule otherwise imported into the country; and (d) generally for the implementation of these Regulations. Loca] conlent 47.The Commission shall monitor and investigate monitoring the activities of each contractor, subcontractor, licensee and other allied entity to ensure the achievement of the purpose of these Regulations within the framework of the national policy on local content. Investigations a8.-(1) The Commission may, for the purposes of enforcing these Regulation, initiate an investigation into an activity of a contractor, subcontractor, licensee or other allied entity. 105 <!-- page break --> Mining (Local Content) Gli. lio 3 (contd) (2)Without prejudicesub-regulation (1), the Commission may launch investigations to ensue that- (a) the Tanzanian company principle is not diluted by the operation of a front; or (b) bid rigging and canalization are avoided in the procurementprocess. PART XIII FINAL PROVISIONS Offences and 49.-(1) A person who submits a plan, retums, penalties report or other document and knowingly makes false statement, commits an offence and is liable on conviction to a fine of not less than fifty million shillhgs and not more than five hundred million or to a term of imprisonment of not less than two years and not more than five years or to both. (2) A citizen who acts as a front or connives with a foreign citizen or company to deceive the Commission as representing an indigenous Tanzanian company to achieve the local content requirement under these Regulations, commits an offence and is liable on summary conviction to a fine of not less than one hundred million shillings and not more than two hundred and fifty million or to a term of imprisonment of not less than one year and not more thanfive years or to both. (3) A person who connives with a citizen or an indigenous Tanzanian company to deceive the Commission as representing an indigenous Tanzanian company to achieve the local content requirement under these Regulations commits an offence and is liable on summary conviction to a fine of not less than ten hundred million shillings and not more than ten billion shillings or to a term of imprisonment of not less than five years and not more than ten years or to both. 106 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) (4) A person who fails to- (a) support and carry out a programme in accordance with the national plan on technology transfer; (b) support and facilitate technology transfer as regards the formation of joint ventures, partnering of licensing agreementsbetween indigenous Tanzanian companies or citizens and foreign contractors and service companies or supply companies; (c) ensure that its partners, contractors, subcontractors and allied entities report local content information to the contractor; or (d) communicate local content policies, procedures and obligations to any person engaged by that contractor, subcontractor, licensee or other allied entity to perform an aspect of mining activity; and (e) support and carry out a programme in accordance with the national plan on technology hansfer, is liable to pay to the Commission an administrative penalty of one hrurdred million shillings in the first instance and a further penalty of five percent for each day during which the contravention continues. (5) A person who fails to comply with a request to fumish information or a record under these Regulations within the period specified in the request is liable to pay to the Commission an administrative penalty two billion shillings in the fint instance and a frrther penalty of ten percent of the penalty for each day during which information or record is unfumished. LO7 <!-- page break --> Mining (Local Content) GN. No. j (contd) (6) A contractor, subconfiactor, licensee or other allied entity that- (a) carries out mining activities without the required local content requirement in contravention of regulation 3; (b) fails to submit a local content plan in contravention of Regulation 7; (c) fails to satisfr the content requirement of a local content plan in contravention of Regulation 9; or (d) faits to inform the Commission of each proposed contract or purchase order in contravention of Regulation 13; shall be liable to pay to the Commission a administrative penalty of five percent of the value of the proceeds obtained from the mining activity in respect of which the breach is committed or five million United States Dollars whichever amount is greater and further liable for cancellation of a contract in respect of the mining activity. (7) A penalty required to be paid under this Regulation and which is not paid within the period specified in the notice shall be a debt owed to the Republic and recoverable by the Commission under summary procedure. Complaints to 50. A person aggrieved by the decision of the Minister Commission in relation to the implementation of these Regulations may lodge a complaint with the Minister who shall, within thirty days of receipt of the complaint, make a decision. Transitional provisions 5l.Within tkee months after coming into force of these Regulations, a confiactor, subcontractor, licensee, or other allied entity engaged in a mining activity shall 108 <!-- page break --> Mining (Local Content) GN. No 3 ftontd) make arrangement and plan to the satisfaction of the Commission as are necessary for complying with these Regulations. 109 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) FIRST SCIIEDULE (RegulatiorLt l3(2)) MINIMUM LOCAL CONTENT IN GOODS AND SERVICES A: LOCAL CONTENT LEVELS TO BE AT.TAINED FROM DATE OF EFFECTIVENESS OF I,ICENCE OR MINING ACREEMENT Item St8rt 5 y€8rs l0 years l. l. Goods and serviccs t00/o 500/o 60.90% I.2. Recrurtment and training (a) Management staff 300/. 50-60% 70-800/0 (b) Technical core staff 70-900/" 200/. 50-60% (c) (d) Other stafi 80% 9tr/o 100% 110 <!-- page break --> Mining (Local Content) GN No.3 (contd) B: SPECIFIC LEVELS TO BE ACHIEVED (a) Research and Development relating to tn-Country Seru I ces Description Start 5verrs l0 yesrs Measurement Unit l. l. Engineering studies-rcsenoir, 20% 400/. 60% Spcnd facilities, drilling etc. 1.2. Geological and geophysical 200/. 30% 800/. Spcnd servrces 1.3. Safetv and environmental sludies 40% 70% 900/" Spend L4. Local materials substitution 20% 40vo 15% Spcnd studies 1.5. Freight forwarding, logistic 80% 90o/o. 100% Spcnd management services 1.6. Supply base, warehouse, Siorage 50% 80o/o 900/. Spend servtces I.7. Truck package product, 80% 900/" t00%. Spend Trarsportation services 111 <!-- page break --> Mining (Local Content) GN. No. 3 (cond) ft) Heahh, Salety and Environnent Semices Description Start Syears l0 yesrs Measurement Unit (a) Site clearup services 30o/o 60% 900/. Man Hour (b) Pollution control 200/" 300/. 45% Spend (c) Waste water treatment 400/. 600/o 800/0 Ma.n Hour a.nd disposals sertices (d) Industrialcleaning 500/. 80o/o 900/. Man Hour servlc€s (e) Safety, protcction security firefighting 30% 50% 90o/o Spend system services (f) Preservation of mechanical ard electrical 300/o 500/" 90Yo Man Hour components 5€rvices (g) Equipmentbrokerage 50% 70% 90% Spend serylces (h) Temporary accommodation, carnp 50% 600/. 80% Spend s€rvices (i) CatEring Services 100% t00o/o too% Spcnd 0) Cleaning and laundry toovo 100% r00% Spend seryrces (k) Security services 100% t0tr/o t00vo Spend (l) Medical sewices 40vo 600/o 900/. Spend (m) Other supporting scrvices 50% 800/0 90% Spend trz <!-- page break --> Mining (Local Content) GN. No. 3 (contd) (c) Inlotmation Systems, Inforrfiatioh Technologr' and Communicotion Seflices Description Strrt 5years l0yerrs Mcqsured Unit (a) Network installation, 80% 90% 950/. Spend suppon servic€s (b) SoRwarc 400/o 60% 80% Sp€nd development (c) Software support 60% 80% 900/. Spcnd services (d) Computer based 20o/o 50% 70% Spend modcling services (e) Computer ba-sed 200/. 500/. 70% Spcnd simulalions and training progranmc services (f) Hardware 80 o/o 90o/o 100% Spend installation support services (g) Operaling system 800/. 900/. t00% Spend installation a.nd support s€rvices (h) User support and 20o/o 500/" 80v, Spend help desk services (i) Information 100/. 50o/o 800/0 Spend Technolosi Management consultancy services (j) Data Marugement 30% 500/. 80% Spcnd servlces (k) Telecommunication 50o/o 70% 90% Spend inslallation and Othq Information Technology services (l) support serviccs 30% 500/0 80o/o Spend 113 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) SECOND SCHEDULE Regulatrcn 17(2) INFORMATION TO BE PROVIDED TO COMMISSIONER WITH QUARTERLY FORECASTS A contractor, subcontractor, licens€c or other allied entity shall provide the information spccified below in respecl ofeach contract, subcontract and purchase order: (a) A description ofthc scrvice or items to be contracted or purchased including lhc material and equipment spccifi cation if requested. (b) The cstimated valuc ofthe contract, subcontract or purchase order. (c) The anticipated dates for the following: (i) the issuanc€ and closur€ ofthe Request For Proposals; ard (ii) Contract award. (d) Any other information requested by the Commissioncr for the implemcntation ofthcse Regulations. 7t4 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) TIIIRD SCHEDULE Regularion l8(U PART-A INFORMATION TO BE PROVIDED BY A CONTRACTOR, SUBCONTRACTOR, LICENSEE OR OTIIER ALLIED ENTITY TO COMMISSIONER PRIOR TO ISSUE OF PREQUALIFICATION OF PROSPECTIVE BIDDERS A licensee or contractor shall provide the information specified bclorv prior to issuing a prequalifi cation notice to bidders: (a) A description ofthe scope ofwork. (b) A copy of the prequalification notification, where thc related documents differ from the standard prequalification notice previously revicwed and approved by the Commissioner. (c) The list of companies indicating locations ofhead omces and conlact p€rsons and numbers to which questions willbe directed. (d) The anticipated datcs for closure of prequalification and issuancc ofRequest for Proposals or a Requcst for Quotations. PART-B (Regulation 15 (I) (b)) INFORMATION TO BE PROVIDED BY A LICENSEE OR CONTRACTOR TO LOCAL CONTENT COMMITTEE PRIOR TO ISSUE OT REQUEST FOR PROPOSALS OR REQUEST FOR QUALIFICATION For the purposcs of compiling a bidding list for any project, the operalor o. contBctor shall provide the information specified below prior to issuing a Requcst for Proposals or Request for Qualification: (a) A list of bidders; (b) A copy ofthe Requast for Proposals or Request for Qualificalion in respect ofwhich the Commissioner will advise the licensce or confactor ofits requirements on a case by case basis; (c) A dcscription of the corporate ownenhip ofthe bidders, including the main sharcholders by pcrcenlage; (d) The locatior ofany Tanzania based office, plant or facilily; (e) The anticipated dates for closure ofbids aIId award ofcontract or purchase orders; and (D Any other informalion which tie Conunissioner shall requcst. 115 <!-- page break --> Mining (Local Content) GN. No. 3 (contd) PART-C (Regulotion l5 (l)(e)) INFORMATION TO BE PROVIDED BY A LICENSEE OR CONTRACTOR TO THE COMMISSIONf,R PRIOR TO THE AWARD OF CONTRACT OR PURCIIASE ORDER TO THE SELECTED BIDDER. Prior to the award ofcontract or purchase order to the s€lect€d bidder, the licensee or cortractor shall provide the information specified below: L The name ofthe selected contractor or vendor;

2. A list ofdesignated sub-contractoN or sub-vendors;

3. Where applicable, a list ofproposed sub-suppliers; 4. ln respect ofconstruction or servica contracts, the estimated Tanzanian employment Ievel in person-hours;

5. The commencement and completion dates for the contract or purchase order;

6. The Award Notification Form signed by the appropriatc official ofthe opelator or contractor;

7. A statement ofaward rationale or bid evaluation report showing the following: (a) the narne ofthe selccted contractor or vendor; (b) the list ofdesignated sub-contractors or sub-vendon; (c) where applicable, a list ofproposed sub-suppliers; (d) in respect of construction or service contracts, ths estimated Tanzanian employment level in person hours; (e) the commencement and completion dates for the cofltract or purchase order; (0 the Award Notification Form signed by an appropriate official ofthe operator; (g) a statement of award rationale or bid evaluation report showing; (i) the percentage differenc€ in price between selected bidder and the other bids; (ii) the primary location ofwork associated with each bidder; (iii) the estimates oflocal content associated with the bid ofeach bidder calculated in accordance with the definition ofthe local content to be provided by lhe Commissioner; (iv) Any other information relevant to the evaluation ofbids including where applicable, a summary ofthe technical, commercial and Iocal content aspects of the bid evaluation. Dar es Salaam ANGELLAHJ.M. KAIRUKI 9s January, 2018 Mtnister for Mtnerals 116 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) GOVERNMENT NOTICE NO. 4 published on 10/01/2018 THE MINING ACT, (CAP. 123) ___________ REGULATIONS ___________ (Made under sections 108(5) and 112) __________ THE MINING (RADIOACTIVE MINERALS) REGULATIONS,2018 ARRANGEMENT OF REGULATIONS Regulation Title PART I PRELIMINARY PROVISIONS

1. Citation

2. Application.

3. Interpretation. PART II PROSPECTING,MINING AND PROCESSING OF RADIOACTIVE MINERALS

4. Prohibition on radioactive minerals.

5. Application for licence on radioactive minerals.

6. Permit to acquire, store, transport, import and export of radioactive minerals. 117 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...)

7. Prospecting of radioactive minerals.

8. Disposal of radioactive minerals.

9. Mining of radioactive minerals.

10. Radiation hazard assessment.

11. Construction of plant and processing operations.

12. Radioactive waste and tailings impoundment. PART III GENERAL PROVISIONS

13. Medical examination.

14. Disposal of radioactive minerals.

15. Radioactive waste materials and contaminated equipment.

16. Prospect mine and plant decommissioning closure and abandonment.

17. Transportation and storage of radioactive minerals.

18. Marketing of radioactive minerals.

19. Inspections and monitoring.

20. Appointment of radiation protection officer.

21. Royalties.

22. Review of approval from different Authorities.

23. Offences and Penalties. _____________ SCHEDULES _____________ 118 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) THE MINING ACT, CAP. 123 ___________ REGULATIONS ___________ (Made under sections 108(5) and 112) __________ THE MINING (RADIOACTIVE MINERALS) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation 1.These Regulations may be cited as the Mining (Radioactive Minerals) Regulations, 2018. Application 2.-(1) These Regulations shall apply in relation to exploration, mining, processing, tailing, storage, transportation, acquisition, disposal and exportation of radioactive minerals with a view to enhancing radiological safety, security and environmental protection. (2) Nothing in these Regulations shall be construed as relievingany person from complying with other laws governing safety, health and the protection of the environment. (3) The requirements of these Regulations are in addition to,and shall not be construed as abrogating application of other written laws. Interpretation 3. In these Regulations, unless the context otherwise requires:- Cap. 123 ''Act" means the Mining Act; "abandonment of a mine" means the discontinuance of mining operations or mineral processing activitiesat the mine; 119 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) "background radiation" means radiation of man 's natural environment originating primarily from the natural radioactive elements of the earth and cosmic rays; "Becquerel (Bq)" means the System International (SI) unit of measurement of radioactivity, defined as one radioactive disintegrationper second; "Chief inspector" means the Inspector of Minerals appointed by the Commission undersection 25; "Commission" means theMining Commission established by section 21 of the Act; "competent authority" means any national or international regulatory body or authority designated or otherwise recognized as such for purpose of these Regulations; "competent person" in relation to any duty or function means any person who has had Adequate training and experience to enable him to perform that duty or discharge that function without avoidable danger to himself or any other person; “concentrate" means an extracted product that contains radioactiveminerals and that results from the physical or chemical separation of radioactive element from its ore; "contamination'' means radioactive material deposited or dispersed inmaterial or places where it should not be; "curie (Ci)" means the basic unit used to describe the intensity of radioactivity in a sample of material and equal thirty seven billion disintegrations per second, or approximately the radioactivity of one gram of radium ; “dose" means a general term denoting the quantity of radiation orenergy absorbed in a specific mass or target; 120 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) "dose limit" means the value of the effective dose or equivalent dose to individuals from controlled practices that shall not be exceeded; "effective dose" means a summation of the tissue equivalent doses each multiplied by appropriate weighting factor: "EIA" in its acronym, means approved Environmental ImpactAssessment done for the grant of special mininglicences; "Emergency Preparedness Plan" means a plan formulated by a holder to enable to encounter and deal with unexpected occurrences and circumstances during operations; “Executive Secretary” means the Chief Executive Officer of the Commission; "holder" means the person holding a mineral rights; "IAEA" means theInternational Atomic Energy Agency; “IAEA guidelines" means the International Standard Codes andGuidelines issued by IAEA from time to time; “ionizing radiation'' means the radiation of gamma rays and x-rays orcorpuscular radiation, capable of producing ions, directly or indirectly, while passing through matter; "licensee" means a person holding a license granted under the Act; "manager" means a person appointed by the holder and approved by Chief Inspector to manage the exploration, mining operations or mineral processing in accordance with the provision of the Act; "mineral rights" has the meaning assigned to it under the Act; ''Minister" means the Minister responsible for mining; Cap.191 121 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) 'NEMC'' in its acronym, means the National Environment Management Council established under the Environment Management Act; "plat” means a mineral process facility by which ore is extracted,processed and treated for the recovery of radioactive mineral concentrate, including any tailings-handling and water treatment system associated with the facility; "Quantitative Radiological Hazard Analysis" means a system ofexplanation of identified and determined dangers of radioactive emissions during the full cycle of operations; “Quantitative Radiological Hazard and Safety Assessment" means theidentification and determination of the dangers arising out of radioactive emissions relating to safety, health and the environment; "Radiation Hazard Assessment" means the identification of health , safety and environmental dangers arising out of radioactive emissions and the potential intervention measures; "Radiation Operation Management Protection Plan" means a plan thatsets out measures to safeguard employees, the public and the environment against exposure to radiation during operations; "radioactive mineral" means a mineral, which contains by weight atleast one-twentieth of one per centum of uranium or thorium or any combination and includes:- (a) monazite sand and other ores containing thorium; and (b) caronite, pitchblende and other ores containing uranium; “radioactive mineral damage" means loss of life, personal 122 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) injury orany damage or material loss resulting directly or indirectly from the radioactive mineral or a combination of such properties of nuclear minerals or waste or hazardous radioactive mineral substance produced in, coming from or sent to radioactive mineral installation; "radioactive material" means any matter or substance containing oneor more radionuclides, activity or concentration of which is sufficiently intense to entail a significant risk or disability or disease to any person or organ on exposure; "radioactive waste" means materials which are radioactive and forwhich there is no further use; Cap. 118 "TAEC" in its acronym, means Tanzania Atomic Energy Commission established under Section 7 of the Atomic Energy Act; "tailings" means any · material remains after all economically recoverable metals or minerals of economic interest has been removed from the ore through milling and processing; Waste Management Plan" means a plan to manage all unwanted materials generated during prospecting, mining or processing operations; "waste rock" means overburden and bedrock that shall be fractured and removed to gain access to or upgrade ore during mining operations." PART II PROSPECTING, MINING AND PROCESSING OF RADIOACTIVE MINERALS Prohibition on 4. A person shall not be authorised to prospect, radioactive minerals Caps. 191,188 and Act mine, process or engage in any related activities for No. 11of 2009 the exploration of radioactive mineral unless that person:- 123 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (a) is a holder of mineral rights obtained under the Act; (b) conforms to the standards provided for in the Environment Management Act, the Atomic Energy Act, the Water Resources Management Act and any other law relating to prospecting, mining, processing, transporting or storage of radioactive minerals; and (c) undertakes in writing not to involve in the production of nuclear weapons or devices and to observe the provisions of the Second Schedule to these Regulations. Application for licence 5.-(1) An application for licence to prospect, to prospect for mine or process radioactive mine or process radioactive minerals shall be in minerals accordance with the provisions of the Mining Act. (2) An application forlicence referred to in sub- regulations (1) shall be accompanied by fees prescribed in the Third Schedule to these Regulations. Permit on radioactive 6.-(1) A person shall not acquire, store, transport, minerals import or export radioactive minerals unless that person obtains a permit issued by the Commission under these Regulations. (2) An application for a permit shall be filed in Form1specified in the Forth Schedule to theseRegulations. Prospecting of 7.-(1) A holder of a prospecting license for radioactive minerals radioactive minerals shall not conduct any prospecting work or other related activity unless that person submits to Commission for approval the following plans:- (a) a Radiation Operation Management Protection Plan; (b) a Radioactive Waste Management Plan; and 124 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (c) a plan to Transport and Store Radioactive Ores and Products. Caps.188 and Cap. (2) Copies of documents stipulated under sub- 191 regulation (1) shall be submitted to the Tanzania Atomic Energy Commission and the National Environment Management Council. GN. No. of 2010 (3) In case of exploration for uranium,a holder shall in addition torequirements under this Regulation, comply with the provision of the Mining (Safe Workingand Occupational Health) Regulations, 2010. Disposal of radioactive 8.A holder shall make sure that the minerals disposal of any radioactive mineral is done in a manner which shall not cause any harm or damage to any person, animal or the environment. Mining of radioactive 9.-(l) A holder shall not conduct any mining minerals operations for radioactive minerals unless the holder submits to the Commission for approval the following plans:- (a) a Radiation Operation Management Protection Plan; (b) a Radioactive Waste Management Plan; (c) a Plan to Transport and Store Radioactive Ores and Products; (d) a Quantitative Radiological Hazard and Safety Assessment in accordance with the guidelines; (e) a detailed Mine Water Management Plan for both natural and mine water, on and off site; and (f) a project description which shall include, but not be limited to the following:- (i) a scope of activities; 125 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (ii) a site plan with coordinates; (iii) a physical security plan; and (iv) an occurrence and incident reporting plan. (2) A holder shall submit copies of the documents prepared in terms of subparagraph(1) to the Chief Inspector and NEMC. (3) A holder shall prepare the radioactive waste management plan in a manner set out in the First Schedule to these Regulations. (4) The Chief Inspector shall, in consultation with NEMC and the Basin Water Office, review annually the Mine Water Management Plans submitted in accordance with the details required under paragraph (e) of sub-regulation (1). Radiation hazard 10. A holder shall prepare radiation hazard assessment assessment of the operation on activities involving radioactive minerals in a manner set out in the part II of the First Schedule to these Regulations. Construction or 11.-(1) A holder shall not construct a plant, plant and processing operations unless he submits to the Commission and other relevant institutions for approval a description of the operating plant and concentrate recovery. (2) The description of the plant and concentrate recovery referred to under sub-regulation (1), shall include:- (a) a description of the design of the proposed plant; (b) the proposed construction schedule and the contingency plans for construction; 126 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (c) a description of the components, systems and equipment proposed to be installed at the plant, including the design operating conditions; (d) results of a process hazard analysis and a description of how the results have been taken into account; (e) processing methods and programs; (f) a description of all proposed laboratory facilities and programs; (g) a proposed commissioning plan for the components, system and equipment to be installed at the plant; and (h) a detailed water management plan for both natural and plant water on and off site. (3) A holder shall develop radiation operation managementprotection plan in a manner stipulated in the First Schedule to these Regulations. Radioactive 12.-(1) A holder shall develop and implement a waste and tailings Impoundment radioactive waste and tailings impoundment system in accordance with the provisions of the Environment Management Act, and Atomic Energy Act. Caps191 and (2) A holder shall develop a Waste Management Cap.188 Plan in amanner stipulated in the First Schedule to these Regulations and in accordance with appropriate technology in order to manage:- (a) radioactive waste; (b) plant tailings; (c) sub-economic materials; and (d) non-radioactive waste; and waste water. 127 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (3) The holder shall minimize the environmental pollution by:- (a) demonstrating to the Chief Inspector, TAEC and NEMC that the radioactive waste management facilities are constructed in accordance with the approved designs referred to under Regulation 10 and the operational procedures are in place prior to commissioning the facilities; and (b) operating the facilities referred to in paragraph (b) for such period as the Chief inspector, TAEC and NEMC shall determine for the purposes of assessing the performance of the facilities. (4) Institutions referred to in paragraph (b) of sub-regulation (3) shall, where the institutions are satisfied with the performance of the radioactive waste management facilities approve facilities, to be used for the routine mine or plant operations based on an approved monitoring and surveillance program. (5) A holder shall inform, in writing the Chief Inspector, TAEC and NEMC of:- (a) any changes to the operation which may alter the nature or quantity of radioactive waste; (b) any proposal to change the waste containment system; and (c) any unanticipated circumstances that may affect performance of the Waste Management Plan. (6) A holder shall ensure that the Waste Management Plan has a monitoring program capable to:- (a) verify the effectiveness of the engineering design; (b) validate models and predictions; and (c) demonstrate compliance with discharge limits, operational discharge limits and operational 128 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) discharge proceedings. Caps 188,297and GN. (7) Control and occupational health and public No. of 2010 safety shall be made in accordance with the Mining (Safe Working and Occupational Health) Regulations, 2010 as well as the Atomic Energy Act and Occupational Health and Safety Act. (8) The Chief Inspector shall, in consultation with NEMC, TAEC and the Basin Water Office, review annually the water management plans. PART III GENERAL PROVISIONS Medical 13. A holder shall ensure that a person shall examination not carry work involving radioactive mineral unless that person has passed a medical examination and is subjected to examination at all time as the physician deems it necessary. Disposal of radioactive 14. The disposal of any radioactive mineral shall minerals be done in a manner which does not cause drainage to any person, animal and the environment. Radioactive waste 15. A holder shall store contaminated materials and equipment and materials in a secured and fenced off area contaminated and shall ensure that at all times the area has appropriate equipment warning signs indicating the levels of radioactive hazards present in the area and that the signs are displayed in conspicuous locations. Prospect, mine and 16.-(1) A holder who intends to abandon a plant de- mine or plant site shall apply to the Commission and commissioning closure and other relevant institutions in a manner specified in the abandonment Second Schedule to these Regulations and submit to the Commission forapproval, a closure EIA, an updated mine decommissioning plan, and an updated environmental management plan. 129 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) Cap. 188 (2) A holder who anticipates theclosure of a mine or plant site, shall prepare and submit to the Commission for approval, a Quantitative Radiological Hazard Analysis in accordance with the Atomic Energy Act. Cap. 191 and GN. No. (3) The closure of the mine or plant site shall be of 2004 done inaccordance with the requirements of the Environmental Management Act. 2004 and the Atomic Energy (Protection from Ionizing Radiation) Regulations, 2004 and these Regulations. Transportation and 17. A holder shall transport and store storage of radioactive radioactive minerals, ores and concentrates in accordance of minerals with the provisions of the Third Schedule to these Regulations. Marketing of 18.-(1) A person shall not acquire, sell or radioactive minerals export radioactive minerals except in accordance with the terms and conditions set out in the Regulations and upon approval granted by the Commission. (2) A holder who sells or exports any radioactive minerals concentrate shall- (a) provide documentation to TAEC for approval on the source of the radioactive minerals and to prove authenticity of the receiving agent and end-user in order to satisfy the requirements set out in the Second Schedule to these Regulations; and (b) report to the Minister and TAEC any internal movements of radioactive substances in .order to safeguard public health and safety. Inspections and 19.-(1) A holder shall observe the implementation monitoring of the approved Radiation Operation Management Protection Plan and make available all records on demand bythe Chief Inspector, TAEC, NEMC and any other competent authority. 130 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (2) The Chief Inspector shall have the power to enter and inspect the operation at the mine or plant site in accordance with these Regulations. (3) A holder shall formulate and implement a qualitymanagement system to cover all operations at a mine or plant site. Appointment of 20.-(1) A manager shall appoint a competent Radiation Protection person asa radiation protection officer whose Officer qualifications and experience shall be subject to approval of the Chief Inspector in consultation with TAEC. (2) Any appointment made under sub-regulation (1), shall notrelieve the manager's responsibilities under these Regulations orunder theMining (Safe Working and GN No.2010 Occupation Health) Regulations, 2010.· (3) The manager of the mine shall:- (a) comply with and enforce the requirements of these Regulations and any lawful order given by the Chief Inspector in the interests of radiation protection and ensure they are observed by any person working in the mine; (b) take reasonable measures to provide for the radiation protection and proper discipline of persons employed at the mine; (c) as soon as is practicable after the occurrence of a breach of these Regulations, report to the Chief Inspector and such other competent authority, particular of the breach and of any disciplinary steps taken and make record of such breach in open for inspection by competent authority and the Inspector; and (d) cause times of the working shifts of radioactive mineral mining and processing in every section of the mine be so arranged that the workmen are not be exposed to radiation which exceed dose limit. 131 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) Royalties 21. A holder shall pay to the Government of the United Republic a royalty in accordance with the provisions of the Act. Review or approval 22.-(1) The review or approval from from different Authorities different authorities required to be made may be appealed against to the Chief Inspector. (2) The Chief Inspector shall have over all powers and finaldecision on all matters concerning review of approval submittedfrom different authorities. Offences and penalties 23. A person who contravenes any provisions of these Regulations, commits an offence and shall on conviction be liable to a fine of not less than ten million shillings and not more than one hundred million shilling or to imprisonment for a term of not less than one year and not more than five years. Revocation 24. The Mining (Radioactive Minerals) GN. No.407 of 2010 Regulations, 2010 are hereby revoked. 132 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) __________ SCHEDULE __________ ____________ FIRST SCHEDULE ___________ (Made under regulations 10 and 11(3)) ___________ RADIATION OPERATION, MANAGEMENT PROTECTION PLAN AND RADIATION HAZARD ASSESSMENT PART I RADIATION OPERATION MANAGEMENT PROTECTION PLAN Radiation Operation 1-(1) A holder shall develop and implement a Radiation Management Operation and Protection Plan. Protection Plan Development of Plan (2)A Radiation Operation Management Protection Plan shall include- (a) sources of exposure; (b) control measures; (c) a record of monitoring; (d) estimates of costs of implementation of the plan; (e) education and training; and (f) reporting and record keeping. Sources of Exposure 2. A Radiation Operation Management Protection Plan shall:- (a) identify all significant exposure sources and pathways; and (b) include plans of the mine or plant site, descriptions of the equipment to be used and process involved and estimates of the radionuclide concentrations in the process stream. Control measures 3. A Radiation Operation Management Protection Plan shall- (a) describe the measures to be implemented to control radiation exposure; and 133 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (b) include provision of engineering design for ventilation, dust or fume control measures and shielding. Monitoring 4. A holder, shall submit for approval, a monitoring plan to Chief Inspector and copies to TAEC and NEMC, the monitoring plan shall- (a) comply with regulatory limits such as radiation doses received by individual or groups, and (b) provide information on the effectiveness of the engineering and protection control measures. Dose estimates 5. A holder shall provide estimates of radiation exposures or doses that may arise from the operation in order to determine the adequacy of the proposed control measures. Education and training 6. A holder shall provide appropriate education and training of staff on a continuous basis in all radiation protection aspects of the operations, first aid and general safety. Reporting and record 7.-(1) A Radiation Operation Management Protection Plan shall keeping include provisions forreporting the results of the monitoring program and related information. (2) A holder shall provide monthly flash reports to the Chief Inspector on any radiation occurrence or cases. (3) A holder shall provide quarterly reports on Radiation Operation Management Plan to the Chief Inspector, and copies to TAEC and NEMC. Record of monitoring 8.-(1) A holder shall retain records of monitoring results, dose assessments, calculation methods and related information in a manner that shall allow them to be retrieved and these records shall be available for inspection by the relevant regulatory authorities. (2) The records referred to under sub-paragraph (1) shall be submitted to the Chief Inspector and TAEC annually. (3) A holder shall develop and maintain appropriate measures to preserve the records at the close of a project in accordance with the requirements of the Act and any other written laws. Personnel and 9. A Radiation Operation Management Protection Plan shall resources include a commitment to provide adequate resources and staff with the appropriate qualifications and experience. 134 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) Integration 10. A Radiation Operation Management Protection Plan shall intooperations and include and be integrated into occupational health and safety programs programs and the operations as a whole. Quality assurance 11. A holder shall implement a quality assurance program which is in compliance with national and international standards. Calibration 12. A Radiation Operation· Management Protection Plan shall include schedules and measures for calibration of equipment used in monitoring which shall conform to national and international standards. Auditing 13. A system of auditing to check the performance of a Radiation Operation Management Protection Plan shall be implemented and shall include both internal and external auditing on an annual basis Review and 14.-(l) A holder shall review and asses a Radiation Operation assessment Management Protection Plan periodically to achieve continual improvement in radiation protection (2) The review referred to under sub-paragraph (1) shall include review of- (a) the doses; (b) trends overtime for both the operation as a whole and smaller areas or working groups; (c) the monitoring plan to ensure that the frequencies and techniques remain appropriate; and ·· (d) administrative procedures and work practices. (3) Subject to approval- of the Chief Inspector, a holder may amend or alter Radiation Operation Management Protection Plan. Accident 15. A holder shall report any radiological accidents within twelve hours of the incident to the Chief Inspector, TAEC and NEMC and take appropriate steps to remedy the situation and prevent recurrence of the accident. Review 16. The Radiation Operation and Protection Plan shall be subjected to annual by the holder to ensure adequacy of resources 'and effectiveness. 135 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) PART II RADIATION HAZARD ASSESSMENT General requirements 17.-(1) A mineral right or license shall be granted on condition that the holder shall conducts a radiation hazard assessment of the operations and activities involving radioactive minerals. (2) The assessment referred to under sub-paragraph (1) shall identify the following- (a) potential radiological hazards associated with prospecting, mining and processing of radioactive materials; (b) the effectiveness of the engineering and operational controls; and (c) determination of the magnitude of the radiological hazards from both normal operations and potential accidents to workers and public. Radiological safety 18.-(1) A holder shall make a radiological safety assessment assessment of the prospecting, mining and processing operations and transportation of radioactive minerals. (2) The main elements of assessment referred to under sub- regulation (1) shall contain- (a) identification and quantification of the prevailing levels of different radiological hazards; (b) identification of areas where the potential for radiation exposure of workers may result in an effective dose exceeding 1 mSv per year; (c) identification of individuals who may be occupationally exposed to (d) ionizing radiation and receive an annual effective dose in excess of 20mSv; (e) determination of the effective dose received by occupational exposed individuals; . (f) determination for radiation exposure of members of the public due to airborne and liquid effluent releases from the site and arising from the disposal Of radioactive waste; (g) assessment of the efficiency and effectiveness of the engineering (h) and operational controls; and (i) estimation of the magnitude of the risks resulting from accidents whether on site or off site. 136 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...)

19.-(1) As a minimum, a radiological hazard assessment shall identify the various radioactive types of materials present in the complete process and determine their physical and chemical form, nuclide composition, activity concentrations, and estimate total quantities to be mined and planted per annum; (a) identify local concentrations of radioactive material in the mining and processing per annum; (b) identify and quantify the radioactive doses to workers and members of the public who may have been exposed to radiation; (c) quantify the mean levels and variations of the radiological hazards during full working shifts and determine the magnitude of longer term fluctuations; (d) identify individuals occupational exposed to radiological hazards; (e) quantify the degree of individual occupational exposure in terms of the annual dose equivalent received from all radiation expos u re pathways, for routine maintenance and repairs operations; (f) quantify the impact of radioactive emissions from the site in terms of the annual effective dose received by the public; (g) collect appropriate data on parameters which impact on the extent and magnitude of radiological hazards, such as ventilation now rates and patterns in underground mining, the efficiency of ventilation and dust control practises, working practises and their impact on levels of radiological hazard; (h) assess the transportation of final product and by- products in terms of the potential occupational radiation exposure of workers and the public; (i) assess the effectiveness of the cleaning up of spillage; (j) quantify the amount of radiation from materials and equipment released from mining and processing operations; and (k) the effectiveness of personnel protective equipment. (2) The following pathways shall be quantitatively assessed at specified intervals:- (a) exposure to short lived Rn-222 (radon) and Th-220 (thorium) daughter products in the air (b) exposure to external radiation (beta-gamma dose rate); (c) exposure to long lived alpha emitting nuclides in air; (c) surface contamination levels (alpha and beta emitters) in surface works; 137 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (d) contaminated scrap; and (e) radon gas concentrations in underground workings. EmergencyPreparedne 20.-(1) A holder shall submit for approval an Emergency ss Plan Preparedness Plan to the Chief Inspector (2) The Emergency Preparedness Plan shall include the following:- (a) the results of any accident analysis, lessons learned from operating experience and accidents that have occurred with sources of a similar type; (b) review and update annually; (c) training programme for personnel involved in implementing emergency plans and rehearsal programme for personnel in conjunction with relevant authorities; (d) sensitization programme to members of the public who could reasonably be expected to be affected by an accident; (a) any practise or source which could give rise to a need for emergency intervention; (b) the allocation of responsibility for notifying the relevant authorities and for initiating intervention; (c) intervention levels for the relevant protective actions and the scope of their application, by taking into account the possible degrees of severity of accidents or emergencies that could occur; (d) procedures, including communication arrangements, for contacting any relevant intervening organisation and for obtaining assistance from fire-fighting, medical, police and any other relevant organisations; (e) a description of the methodology and instrumentation for assessing the accident and its consequences on and off site; (f) a description of the public information arrangements in the event of an accident; (g) the criteria for the termination of each protective action; (h) the holder's plans to contain any radiation arising from incidents or accidents in transit and to receive back the holder's consignment; (i) any other relevant information that may be required. 138 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (3) A holder shall ensure that adequate provision is made for generating sufficient information promptly and communicating it to responsible authorities with regard to- (a) early prediction or assessment of the extent and significance of any accidental discharge of radioactive substances to the environment; (b) rapid and continuous assessment of the accident as it proceeds; and (c) determining the need for protective actions. (4) A holder shall ensure that sufficient financial arrangements are made. including appropriate levels of insurance, to contain any emergency situation. PART III WASTE MANAGEMENT PLAN General requirements 21. A holder shall develop a Waste Management Plan which includes proposals for radioactive waste management in relation to· (a) description of the mine and plant facilities and resources; (b) a description of the base line environmental conditions; (b) operating, environmental, geo-technical and radiation dose assessment procedures; (c) a description of the operation and the processes generating waste; (d) the chemical and physical characteristics of radioactive waste, including the quantities and rate of production; (e) the heritage, social and cultural matters and the proposed present and future land use; (f) the waste management facilities and practises, waste conditioning and containment including site, design of construction and operation; (g) the discharges whether in liquid, solid or gaseous form, and the receiving environment; (h) the discharge criteria; (i) the contingency plans to deal with natural events, incidents, equipment and operational failures; (j) a program of assessment and review of the integrity of waste containment and disposal facilities; (k) a de-commissioning and closure plan with regard to the final disposal of waste; and (l) any other relevant information that may be required. Integration of Plans 22.-(1) Waste Management Plan shall be integrated with the Radiation Operation Management Plan and with the overall project environmen 139 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) tal management plan. (2) A holder shall submit to the Chief Inspector an updated Waste Management Plan annually. (3) A holder shall, where there is a significant change of circumstances, submit to the Chief Inspector for approval an updated Waste Management Plan within thirty days of the changed circumstances. (4) A holder shall, where there is a significant change in operational procedures, submit an updated de-commissioning proposal within thirty days of the changed circumstances. (5) A holder shall prepare a quality assurance program in the Waste Management Plan which shall include:- (a) civil engineering and geo-technical aspects of the containment system; (b) the mode of operation of the system; (c) the scope and frequency of the monitoring systems; and (d) any traceability to national and international standards. PART IV PLAN TO TRANSPORT AND STORE RADIOACTIVE ORES AND PRODUCTS Interpretation 23.-(I) In this schedule, unless the context otherwise requires- "A1" means the activity value ofa special form of radioactive material and is used to determine the activity limits for the purpose of these Regulations; "A2 “A2”A2 means the activity value of radioactive material, other than special form radioactive material and is used to determine the activity limits for the purpose of these Regulations; "special form radioactive material" means at least one dimension not less than 5min; "type A packages" means packages that shall not contain activities greater than:- (a) for special form radioactive material, Ah and (b) for all other radioactive material, A2 ; "type B(M) packages" means packages which shall not contain- (a) activities greater than those authorised for the package design; 140 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (b) radionuclides different from those authorised for the package design; and (c) contents in a form, or a physical or chemical state, different from those authorised for the package design, and specified in their certificates of approval; "type C packages" means packages that shall not contain- (a) activities greater than those authorised for the package design; (b) radionuclides different from those authorised for the package design; and (c) contents in a form, or a physical or chemical state, different from those authorised for the package design; ·and specified in their certificates of approval. Transportation and 24. Prior to the transportation, storage, acquisition or storage of radioactive exportation of radioactive mineral substances, a person shall obtain a minerals permit from the Commission as provided for under these Regulations. Packaging 25.-(1) A holder shall, before shipment, submit to the requirements before Chief Inspector for approval a copy to TAEC the design and shipping technical specifications of any package or drum. (2) A holder shall, for any system with a gauge pressure exceeding 35 kPa, ensure that the containment system of a package conforms to the approved design requirements relating to the capacity of the system to maintain its integrity under pressure. (3) Where neutron poisons are included as components of any package containing fissile material, the holder shall confirm the presence and distribution of the neutron poisons. General Requirements 26. The design of a package shall conform to the following:- for packages (a) the mass, volume and shape of the package which render it easy and safe to transport; (b) the exposure levels from the package within legally prescribed limits; (c) lifting attachments on the package which shall not fail when used in the intended manner and the design by taking into account appropriate safety factors to cover snatch lifting; (d) lifting attachments which is removable or otherwise rendered incapable of being used during transportation; (e) as far as practicable the outer layer of the package be designed so as to prevent the collection and the retention of water; 141 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (f) any features added to the package at the time of transportation which are not part of the package which shall not reduce its safety; (g) the package to be capable of withstanding the effects of any acceleration, vibration or vibration resonance which may arise under the routine conditions of the United Nations Recommendations on the Transport of Dangerous Goods, for Packaging Group l or II. and if they were subjected to the tests prescribed in that document, but with the drop test conducted in the most damaging orientation, they would prevent- (i) loss or dispersal of the radioactive contents; and (ii) loss of shielding integrity which would result in more than a twenty percent increase in the radiation level at any external surface of the intermediate bulk container Approval and 27.-(1) A consignor shall, where it is not necessary to obtain administrative an approval certificate for the package designs, on request, make requirements available for inspection by the relevant competent authority, documentary evidence of the compliance of the package design with all the applicable requirements. (2) An application for approval shall include- (a) a detailed description of the proposed radioactive contents with reference to their physical and chemical status and the nature of the radiation emission; (b) detailed statement of the design, including complete engineering drawings and schedule of materials and methods of construction; (c) a statement of the tests which have been done and their results, or evidence based on calculative methods or other evidence that the design is adequate to meet the applicable requirements; (d) the proposed operating and maintenance instructions for the use of the packaging; (e) if the package is designed to have a maximum normal operating pressure in excess of one hundred kPa gauge, a specification of the materials of manufacture of the containment system, the samples to be taken, and the tests to be made; (f) any special storage provisions necessary to ensure the safe dissipation of heat from the package considering the various modes of transport to be used and type of conveyance or freight container: 142 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (g) a reproducible illustration, not larger than 2 I cm by 30 cm, show in the make-up of the package; and (h) a specification of the applicable quality assurance programme as required (3) The competent authority shall establish whether an approved design meets the requirements for Type n (U) or Type C packages and shall attribute an identification mark to the design Notification and 28.-(1) A holder shall, inform the competent authority, of registration of serial the serial number of each package manufactured to an approved numbers design. (2) A holder and the competent authority shall maintain a register of the serial numbers referred to under sub-paragraph (1). Approval of 29. Multilateral approval shall be required for- sh1pmcnts (a) the shipment of Type B (M) packages not conforming to the requirements designed to allow controlled intermittent venting; (b) the shipment of Type B (M) packages containing radioactive material with an activity greater than 3000 A 1 or 3000 A2• as appropriate, or I 000 TBq, whichever is the lower; and (c) radiation protection programmes for shipments by special use vehicles according to the requirements. (2) A competent authority may authorise transport into or through its country without shipment approval, by a specific provision in its design approval. (3) An application for shipment shall include- (a) in relation to the shipment, the period of time for which the approval is sought; (b) the actual radioactive contents, the expected modes of transport, the type of conveyance and the probable or proposed route; (c) the details of how the precautions and administrative or operational controls referred to in the package design approval certificates issued are to be put into effect. Transportation of 30. A holder shall be liable for the radioactive mineral Radioactive Minerals commodity on transit until the consignee receives it. (2) A holder shall:- (2) A holder shall- 143 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) (a) establish a radiation protection program for the transport of radioactive minerals which shall be made available for inspection by the relevant competent authority; (b) ensure that the nature and extent of the measures to be employed in the radiation protection programs arc related to the magnitude and likelihood of radiation exposures; (c) ensure that the protection and safety measures are optimised in order that the magnitude of individual doses, the number of persons exposed and the likelihood of incurring exposure arc kept as low as reasonably achievable; and (d) ensure that the workers receive appropriate training in radiation hazards and the precautions arc observed in order to ensure restriction of their exposure and other persons who might be affected by their action. (3) The holder shall ensure the following during the transportation of radioactive minerals:- (a) correct labeling, packaging and loading of the mineral commodity; (b) regular contact with transporter until the mineral commodity is delivered to the consignee; (c) any vehicle transporting radioactive minerals, shall not be parked in any public place; (d) where an accident occurs during transportation, a radiation protection officer appointed in accordance with Regulation 20 shall: (i) ensure that the scene of the accident is cordoned off; (ii) immediately inform the Chief inspector, TAEC and NEMC; and (iii) take necessary steps and measures to prevent the exposure of the public to ionising radiation and minimise the contamination of the surrounding environment; (e) a transporting vehicle shall have the emergency contact telephone numbers of the Ministry of Energy and Minerals, TAEC, NEMC on either side of the vehicle; and Cap.80 (f) in the case of air transportation, within Tanzania, the Civil Aviation Act, shall apply in addition to the provisions of these Regulations. Occupation health and 31.-(1) A holder shall conduct periodical assessments of the safety in transportation radiation doses to a person arising from the transportation of radioactive minerals, to ensure that the system of protection and 144 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) safety complies with the basic safety standards. (2) Where Chief Inspector, in the case of occupational exposures arising from the transportation activities, assesses that the effective dose:- (a) is unlikely to exceed 1 mSv in a year, shall not require any special work patterns, detailed monitoring, dose assessment programmes or individual record keeping; and (b) is likely to be between l and 6 mSv in a year, shall conduct a dose assessment programme through work place monitoring or Individual monitoring; (c) is likely to exceed 6 mSv in a year, shall conduct individual monitoring; (3) A holder shall, where the ChiefInspector conducts individual monitoring or work place monitoring, keep appropriate records. Emergency response 32.-(1) A holder shall in the event of an accident or an incident during transportation during the transportation of radioactive minerals, observe and implement emergency provisions to protect persons, property and the environment. (2) The Emergency procedures taken under sub-paragraph (1), shall take into account the formation of other dangerous substances that may result from the reaction between the contents of the consignment and the environment in the event of an accident. Special 33.-(1) The consignments for which conformity with other arrangements or provisions of these Regulations is impracticable shall not be exemptions transported except under special arrangements approved by the Commission. (2) The Commission may approve special arrangement transport operations for a single or a planned series of multiple consigners, where the competent authority is satisfied that conformity with other provisions of these Regulations is impracticable and that the requisite standards of safety established by these Regulations have been demonstrated by a holder. (3) The overall level of safety in transport shall be equivalent to that which would be provided if all applicable requirements met in the case of international consignments multilateral approval shall be required in accordance with paragraph 7 of this Schedule. Storage of radioactive 34.-(l) Radioactive minerals shall be segregated sufficiently 145 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) minerals from workers and from members of the public. (2) The following values for dose rates shall be used for the purpose of calculating segregation distances or radiation levels:- (a) in the case of workers in regularly working areas, a dose of 5 mSv in a year; and (b) in the case of members of the public, in areas where the public regular access, a dose of I mSv in a year to this public group. (3) Radioactive materials shall be sufficiently segregated from undeveloped photographic film. (4) The basis for determining segregation distances for any purpose under subparagraph (3) shall be the radiation exposure of undeveloped photograph film due the transportation of radioactive material be limited to O.lmSv per consignment of film. ___________ SECOND SCHEDULE ____________ (Made under Regulations 4, 16(1)and 18(2) QUANTITATIVE RADIOLOGICAL HAZARD AND SAFETY ASSESSMENT FOR THE PROSPECTING, MINING AND PROCESSING OPERATIONS General requirements 1.-(1) A holder shall conduct a quantitative radiological hazard and safety assessment of the operations and activities involving radioactive minerals. (2) A radiological hazard and safety assessment shall- (a) identify all potential radiological hazards associated with prospecting, mining and processing of radioactive minerals; (b) assess the effectiveness of engineering and operational controls; and (c) determine the magnitude of radiological hazards from both normal operations and accidents to workers and the members of the public. 146 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) Radiological safety 2.-(l) A holder shall assess all aspects involving radioactive assessment minerals from the prospecting, mining and processing of ores, to the storage and transportation of final products and waste. (2)A holder shall, in an assessment- (a) identify and quantify the prevailing levels of the different radiological hazards; (b) identify the areas where the potential for radiation exposure of workers may result in an effective dose exceeding 1mSv per year; (c) identify any individual who may be occupationally exposed to ionising radiation and receive an annual effective dose in excess of 20 mSv; (d) determine the potential for radiation exposure of the members of the public due to airborne and liquid effluent releases from the site and the disposal of radioactive waste; (e) assess the efficiency and effectiveness of the engineered and operational controls; and (f) estimate the magnitude of the risks resulting from accidents whether on or off site. Radiological hazard 3.-(1) A radiological hazard assessment shall:- assessment (a) identify the various types of radioactive materials present in the whole process and determine their physical and chemical form, nuclide composition, activity concentrations and estimate total quantities to be mined and processed per annum; (b) identify and quantify the radiological doses to workers and members of the public associated with the activities involving radioactive materials; (c) quantify the mean levels and variations of the radiological hazards during full working shifts and determine the magnitude of longer term fluctuation ; (d) identify individuals occupationally exposed to radiological hazards; (e) quantify the degree of individual occupational exposure in terms of the annual dose equivalent received from all radiation exposure pathways for routine, maintenance and repair operations; (f) quantify the impact of radioactive emissions from the site in terms of the annual effective dose received by the public in all potentially affected areas; and (g) quantify and control the hazard associated with equipment leaving site. (2) The following exposure pathways shall be 147 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) quantitatively assessed at specific locations:- (a) exposure to short lived Rn-222 (radon) and Th-220 (thorium) daughter products in air; (b) exposure to external radiation (beta-gamma dose rate); (c) exposure to long lived alpha emitting nuclides in air; (d) surface contamination levels (alpha and beta emitters) in surface works; (e) contamination of scrap; and (f) radon gas concentrations underground mining operations Obligations of holder 4.-(1)A holder shall determine:- (a) the amount of airborne radioactivity and terrestrial radiation emitted by the following facilities- (i) tailings dumps; (ii) waste rock dumps; (iii) open pits or underground mine workings: (iv) plant infrastructure; (v) workshop infrastructure; (vi) office infrastructure; and (vii) any other infrastructure. (b) the amount of radiation emitted from water ponds; (c) the amount of radiation emitted from contaminated equipment and waste materials; (d) the amount of radon emissions from tailings and waste rock dumps; (e) the amount and distribution pattern for the dust dispersed from tailings and waste rock dumps. with particular attention to nearby human settlements; (f) the amount of radioactive contamination in seepage and run- off water from tailings and waste rock dumps; (g) the structure, geo-technical and seismic stability of tailings and waste rock dumps; and (h) the amount of radiation emitted from any other source that is part of a mine or plant infrastructure. (2) A holder shall, before the termination of any obligations relating to any closed waste management facility, submit to theCommission, TAEC and NEMC the results of the final radiological and environmental survey and a closure completion report .in order to document compliance with the regulatory requirements for managing waste. (3) The information required under sub-paragraph (2) shall be determined as accurately as practicable and shall be included in the 148 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) de-commissioning and closure plan. (4) The objectives of a de-commissioning and closure plari shall include but not be limited to:- (a) achieving long-term radiation protection by reducing the effective equivalent dose to the individual 'in the critical public group to below 0.1 mSv per annum; (b) achieving background water quality in the long-term by controlling groundwater contamination: (c) reducing the residual concentration of radioactive elements by undertaking soil clean-up operations; (d) reducing the radon flux over the surface of the final tailings dumps to an internationally acceptable rate of 20pCi/m2 (e) rehabilitation of tailings dumps and to make them stable for at least two hundred years; (f) minimising hazards to the public and the environment; (g) preventing inadvertent human intrusion and dispersion of contaminated materials by wind and water erosion; (h) complying with other applicable and relevant regulations governing air, and water quality in non-radiological aspects; and (i) decontaminating and safely disposing of equipment and waste materials. Radioactive mines and 5. A holder shall, on an application for abandonment of a plants abandonment mine or plant, submit- (a) a report on the Status of the environment at abandonment Stage; (b) the rehabilitation objectives and performance indicators for all components and phases; (c) the methods for monitoring the remediation work program objectives; (d) the methods to de-contaminate equipment to be removed from the project site; (e) the proposed methods of disposing of unsold equipment which is not decontaminated; (f) the pans and sections of the entire mine or plant site showing the location of major infrastructure such as plants (g) the estimated time period between project closure and abandonment: (h) a comprehensive statement accompanied by plans, assessment of alternative rehabilitation methods with cost and levels of radioactivity after rehabilitation and the 149 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) proposed post closure land uses; (i) the proposed methods aimed at rehabilitating the site to other beneficial land uses; and (j) a closure certificate granted by the Chief Inspector. (k) Compliance with 6.-(1) A holder shall, in the programme of mining Treaty Provisions operations, outline proposal to comply with the articles of the Nuclear Non-Proliferation Treaty to which Tanzania is a signatory. (2) A holder shall develop and employ appropriate safeguards in accordance with the International Atomic Energy Agency (IAEA), to ensure the fulfillment of obligations assumed under the Nuclear Non-Proliferation Treaty to prevent diversion of nuclear energy materials from peaceful uses to nuclear weapons or other intermediate nuclear weaponry devices. Obligations of Holder 7. A holder shall communicate the safeguards referred to under paragraph 1 prior to the commencement of operations and report on compliance at every shipment to the competent authority. (2) A holder shall, in addition to the requirements stipulated under sub-paragraph (1):- (a) outline the implementation procedures for the safeguards with respect to source or special fissionable material at their mine, storage or processing facility; (b) undertake to prevent provision for nuclear material other fissionable material equipment or material specifically designed for the processing, use or production of special fissionable material, to any Nuclear Non-Nuclear Weapons State or individuals or institutions whether in a Nuclear Weapons State or not; and (c) outline how the proposed safeguards shall assist the holder to comply with Article IV of the Nuclear Non-Proliferation Treaty and encourage peaceful and economic use and exchange of nuclear energy material. (3) A holder shall outline marketing proposals of radioactive minerals within or outside the United Republic of Tanzania so as to comply with all aspects of the Nuclear Non- Proliferation Treaty. (4) A holder shall comply with the marketing plan submitted in an application for acquisition, selling or exporting of radioactive minerals and the holder shall report on the marketing activities to the Commission and any other relevant authority. 150 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) ___________

THIRD SCHEDULE ____________ (Made under Regulation 5(2)) FEES FOR DEALING IN RADIOACTIVE MINERALS TSHS US$ 1 Application fees for export or import permit of Shs. radioactive . minerals 50,000/= 2 Import or export permit of radioactive mineral Shs. . 100,000/= 3 Application fees for acquiring or transportation of Shs. radioactive . minerals 50,000/= 4 Permit to acquire or transport radioactive minerals Shs. . 100,000/= 151 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) __________

FOURTH SCHEDULE ___________ FORM NO. 1 THE MINING ACT, CAP.123 (Made under Regulation 6(2)) APPLICATION FOR PERMIT TO TRANSPORT RADIOACTIVE MINERALS 1. Full name of applicant minerals(in block letter)……………………………………....…… 2. Full address……………………………………………………............................................ 3. Purpose for which radioactive minerals are required ……………………………………... 4. Name and address of supplier ……………………………………………………………… 5. State the licence for acquiring radioactive minerals…………………………………….…. 6. State validity of licence …………………………………………………………………… 7. State type of radioactive minerals…………………………………………………..……… 8. State quantity of radioactive minerals……………………………………………………… 9. State nature of radioactive minerals……………………………………………………...… 10. State route of radioactive minerals………………………………………………………… 11. State route to be followed ……………………………………………………………….... 12. State means of transport…………………………………..……………………………….. 13. State nature of packaging………………………………………………………………...… 14. Place and administrative districts where live minerals will be stored………………...…… Name of applicant……………………………………………….……………. Signature of applicant Title…………………………………………………………………………………….……………... Date……………………………………………………….. Official stamp 152 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) FORM NO.2 THE MINING ACT, CAP.123 (Made under section 108) PERMIT TO TRANSPORT RADIOACTIVE MINERALS Permission is hereby granted to (full name)……………………………………holder of Licence No…………………………….. of (full address)…………………………………………………… …………………………………………………………………………………….……... to transport package(s) containing……………………. (type) with a total weight………….(et weight) with a total value of……………………….[US$] The said minerals will be transported by………………………..(state means of transportation from ……………………………[mining place at which the Radioactive Minerals are to be taken] to ………………………………….. [place and address where minerals will be stored or shipped …………………………………………………………………………………..……………………. This permit is valid for a period of ……………………….. days from the date hereof. This permit is issued subject to the following condition(s)…………………………….……………. ……………………………………………………………………………………………….………. …………………………………………………………………………………………….…………. ………………………………………………………………………………………………………. Dated at ……………………… this ………………. day of ………………. 20……… ………………………………………. EXECUTIVE SECRETARY MINNING COMMISSION 153 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) THE MINING ACT, CAP.123 (Made under section 108) FORM NO. 3 CERTIFICATE OF EXPORTATION FOR RADIOACTIVE MINERALS Permission is hereby granted to [full name]………………………………………………………….. ………………………………………………………………………………………………………… ……………………………………[The name and address of importer/consignee is] holder of licence No…………………….of [full address] ………………………………………………………………………………………………………… to import…………….. package(s) containing radioactive minerals weighing………………………. Pounds/Kilograms with a total value of US dollar (USD)…………………[Value declared by the importer as being US$]. The radioactive minerals were mined in ………………. [country where extracted]. Types of radioactive minerals are shown hereunder:- S/N Type Weight (Lb/Kg.) Value (US$) 1 2 2 TOTAL The radioactive minerals shall be imported at [state name of Customs station at which entry is to be made) …………………………………………………. on or before [state date] …………………………………………otherwise this permit shall be null and void. The name and address of exporter is……………………………………………………………….. ……………………………………………………………………………………………………… For completion by Customs. The radioactive minerals to which this permit refers were imported by [full name and address of importer] ……………………………………………………………………………………………………… from…………………………………. at [place of entry]………………………. on [date]…………………. 20………………………. ……………………… Collection of Customs 154 <!-- page break --> Mining (Radioactive Minerals) Regulations GN. No. 4 (contd...) NOTE: This permit must be submitted to a collector of customs at the time of the importation of the radioactive minerals to which it relates for confirmation by the Commission. The permit is issued subject to the following condition(s):- Dated at ………………… this day of ………………… 20 ……………. ________________________ EXECUTIVE SECRETARY Dar es Salaam ANGELLAH J. M. KAIRUKI, 9th January,2018 Minister for Minerals 155 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) GOVERNMENT NOTICE NO. 5 published on 10/1/2018 THE MINING ACT, (CAP. 123) ___________ REGULATIONS ___________ (Made under sections 60, 61 and 112) ___________ THE MINING (MINERAL BENEFICIATION) REGULATIONS, 2018 ARRANGEMENT OF REGULATIONS Regulation Title PART I PRELIMINARY PROVISIONS 1. Citation 2. Interpretation PART II MINERAL BENEFICIATION (a) Application for a licence 3. Application for processing licence. 4. Application for smelting or refining licence. 5. Non refund ability of fees 6. Licence and signboard to be displayed. 7. Rights of holder of processing, smelting or refining licence. 157 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) (b) Conditions for a licence 8. Obligations of holder of processing, smelting or refining licence. 9. Renewal of licence. PART III RECORDS KEEPING 10 Suspension or cancellation of licence 11. Processing, Smelting or Refining Record register 12. Revocation. ____________ SCHEDULE ____________ 158 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) THE MINING ACT, (CAP. 123) ____________ REGULATIONS ____________ (Made under sections60, 61 and 112) ____________ THE MINING (MINERAL BENEFICIATION) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Mining (Mineral Beneficiation) Regulations, 2018. Interpretation 2. In these Regulations unless the context otherwise requires- Cap. 123 “Act” means the Mining Act; “authorised miner” means the holder of a special mining licence, a mining licence or a primary mining licence; “approved valuer” means a valuer appointed by the Commission; “beneficiated minerals” means any metallic or industrial minerals which have been processed, smelted or refined; 159 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) ''buy" includes receive as pledge or security; “Commission” means the Commission established under the Act; “Executive Secretary” means the Executive Secretary of the Commission; “processing licence” means a licence issued by the Commission for milling, beneficiating and dressing mineral ores and includes smelting and refining of minerals; "sell" includes deposit as pledge or security. PART II MINERAL BENEFICIATION (a) Application for licence Application for 3.-(1) An application for processing licence shall processing licence be made in Form MBF. 1 and a processing licence shall be issued in Form MBF. 2 respectively specified in the Second Schedule to these Regulations. (2) The fees specified in the First Schedule to these Regulations shall be payable for application for processing licence and for issuance of processing licence. 160 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) Application for smelting 4.-(1) An application for smelting or refining or refining licence licence shall be made in Form MRF. 3 and a smelting licence or refining licence shall beissued in Form MBF. 4 respectively specified in the Second Schedule to these Regulations. (2) The fees specified in the First Schedule to these Regulations shall be payable for an application for smelting licenceor refining licence and for the issuance of a smelting licenceor refining licence. Non refundability 5.-(1) Fees payable in respect of an application made of fees under these regulations shall not be refundable. (2)There shall be payable an annual fee for every licence payable under these Regulations of the amount equal to half of the fee payable for issuance or any type of the renewal of a licence. Licenceand signboard to 6.-(1) Every holder of processing licence, be displayed smelting licence or refining licence shall at all times cause to be displayed in a prominent position at the place of business- (a) a processing, smelting or refining licence; and (b) a signboard with his name and the words "holder of Processing holder of, Smelting licence or holder of Refining licence" in legible roman letters at least eight centimetres in height. 161 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) (2) Any holder of a processing licence, smelting licence or refining licence who contravenes the provisions of this regulation commits an offence, and shall on conviction be liable to a fine not exceeding five million shillings conviction or to imprisonment for a term not exceeding twelve months or to both. Rights of holders of 7. A holder ofa processing licence, smelting processing, smelting or refining licence or refining licence is, subject to this Regulation, licences entitled to carry on processing minerals, smelting minerals or refining minerals in a specified area of the licence, and for that purpose the holder, servants and agents may, deal in: (a) buying or otherwise acquiring or selling or otherwise dispose of minerals as specified in the licence and for that purpose be in possession of minerals; (b) export minerals specified in the licence; or (c) erect necessary equipment, plant and infrastructure for purposes of operating, transporting, dressing or treating minerals in the possession of holder of a licence. 162 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) (b) Conditions for licence Obligations of holder of 8. Subject to the provision of section 61 (2) processing, smelting or refining licence of the Act, the holder of a processing, smelting licenceor refining licence shall, as a condition of the licence: CAPs 366 and 191 (a) employ and train citizens of Tanzania and implement a succession plan on expatriate employees in accordance with the Act; (b) implement plan for procurement of goods and services available into the United Republic; and Cap.191 (c) stack or dump any mineral or waste products in a manner stipulated under the Environmental Management Act and regulations made under that Act. Renewal of licence 9.-(1) Application for renewal of processing licence, shall be in Form MBF. 5 specified in the Second Schedule to these Regulations and accompanied by application fees as specified in the First Schedule to these Regulations. (2) Application for renewal of smelting licence or refining licence shall be issued in Form MBF. 6 specified in the Second Schedule to these Regulations and accompanied by application fees specified in the First schedule to these Regulations. 163 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) Suspension or 10. A holder of a processing licence, smelting cancellation of licence licenceor refining licence who fails to comply with these Regulations or a condition of the licence shall be in default and the licensing authority may serve on the holder a default notice specifying the nature of the default, and, if within thirty days from the date or receipt of the default notice, the default has not been rectified the licensing authority shall, by a subsequent notice to the holder suspend or cancel the licence. Processing, smelting 11.-(1) Every holder of a processing licence, and refining record register smelting licence or refining licence is required to keep at all timesat the place of business specified in the licence a register in Form MBF. 7 specified in the ThirdSchedule to these Regulations in respect of each variety of minerals and mineral products. (2) Particulars required in the register shall be entered by the holder of a licence immediately after receipt, dispatch or disposal of mineralsor mineral products. (3) On or before the third day before end of a quarter of each calendar month, a holder of a licence shall forward to the Commission a true and correct copy in duplicate of all entries made in the preceding period. 164 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) (4) Where a holder of a licence is a company, cooperative society or partnership, any entry or copy of an entry which is required shall be made by a person duly appointed for that purpose. Revocation 12. The Mining (Mineral Beneficiation) GN. No. 404 of 2010 Regulations, 2010 are hereby revoked. _______________ SCHEDULES _______________ 165 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) __________________

FIRST SCHEDULE __________________ Fees for ProcessingLicence, SmeltingLicence and Refining Licence TZS USD 1. Application fee for a processing licence 150,000 200 2. Application fee for a smelting or refining licence 150,000 200 3. Application fee for a renewal of a processing licence 150,000 200 4. Application fee for a renewal of smelting or refining licence 150,000 200 166 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) ____________

SECOND SCHEDULE ___________ Form. MBF.1 THE MINING ACT, (CAP. 123) ____________ (Made under Regulation 3) _____________ APPLICATION FOR PROCESSING LICENCE 1. The applicant hereby applies to the Commissioner for a processing licence. 2. Individual Applicant: (a) Name (b) Nationality (c) Postal Address (d) Telephone (e) E-mail 3. Corporate Applicant (a) Name, postal address, telephone and e-mail of company or any other body corporate:……………………………………………………………………….. (b) Name and Nationality of Directors:…………………………………………….. (c) Copy of the Memorandum and Articles of Association must be enclosed herewith………………………………..………………………………………… 4. Types of minerals; whether metallic or industrial minerals. 5. Financial resources available to carry on processing of minerals. 6. Address, situation and description of premises at which processing of minerals will be carried on:…………………………………………………………………………………... 7. Details of applicant’s knowledge and experience in processing of minerals 8. Processing licence (if any)……………………………………………………………………... (a) Particulars of processing licence previously granted ………………………..………….. (b) If the applicant surrender a processing licence previously granted, state the reasons for such surrender………………………………………………………………………….. 9. State whether the applicant has been convicted of a criminal offence relating to the processing of the metallic or industrial minerals.…………………………………….…… …………………………………… ……………………………… Signature of Applicant Date 167 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) Form. MBF.2 THE MINING ACT, (CAP. 123) __________ (Made under regulation 3) __________ PROCESSING LICENCE Licence is hereby granted to……………………………………………………………(full name)of…………………………………………………………………… (full address) to process …………………………………… minerals (type of minerals)for the period of 10 years from the date of issue at the following premises………………………….. .……………………… The licence is subject to the following terms and conditions:- (1) ……………………………………………………………………………………………. (2) ……………………………………………………………………………………………. (3) ……………………………………………………………………………………………. (4) ……………………………………………………………………………………………. Date at …………………. this………………… day of………. 20…….. ………………………… EXECUTIVE SECRETARY Notes:- (1) This licence must be displayed at the place of business specified herein. (2) the licensee shall be liable for the due in lieu payment of royalties and other prescribed fees in respect of all minerals bought, sold, received or exported by him 168 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) Form. MBF.3 THE MINING ACT, (CAP. 123) ____________ (Made under Regulation 4) ____________ APPLICATION FOR SMELTING/REFINING LICENCE 1. The applicant hereby applies to the Commission for a smelting/refining*licence 2. Individual Applicant (a) Name………………………………………………………………………… (b) Nationality…………………………………………………………………… (c) Postal Address……………………………………………………………….. (d) Telephone ……………………………………………………………………. (e) E-mail……………………………………………………………………………. 3. Corporate Applicant (a) Name, postal address, telephone and e-mail of company or any other body Corporate…………………………………………………………… (b) Name and Nationality of Directors…………………………………………… (c) Copy of the Memorandum and Articles of Association must be enclosed herewith. 4. Types of minerals …………………………………………………………………………. 5. Financial resources available to carry on smelting or refining of minerals. 6. Address, situation and description of premises at which smelting or refining of minerals will be carried on. 7. Details of applicant’s knowledge and experience in smelting or refining of minerals. 8. Smelting/refining licence (if any) (a) Particulars of smelting or refining licence previously granted. (b) If the applicant surrendered a smelting of refining licence previously granted, state the reasons for such surrender 9. State whether the applicant has been convicted of a criminal offence relating to the smelting/refining of the metallic or industrial minerals. ……………………………. ………………………………… Signature of Applicant Date 169 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) Form. MBF.4 THE MINING ACT, (CAP. 123) _________ (Made under Regulation 4) _________ SMELTING/REFINING LICENCE Licence is hereby granted to (full name)…………………………………………………………. of (fully address)…………………………………………………………………………………. to smelt or refine…………………………………………………………………………………. for the period of …………………………………………… from the date of issue at the following premises………………………………………………………………………………. The licence is subject to the following terms and conditions:- Date at…………………………………….. this day …………………….. of 20……………… ……………………………… EXECUTIVE SECRETARY Note- 1. This licence must be displayed at the place of business specified herein. 2. The licensee shall be liable for the due in lieu payment of royalties and other prescribed fees in respect of all minerals bought, sold, received or exported by him. 170 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) Form. MBF.5 THE MINING ACT, (CAP. 123) __________ (Made under Regulation 9(1)) __________ APPLICATION FOR RENEWAL OF PROCESSING LICENCE 1. The application hereby applies to the Commission for a renewal of a Processing Licence. 2. Individual holder of a Processing Licence. (a) Name (b) Nationality (c) Postal address (d) Telephone (e) E-mail 3. Corporate holder of a Processing Licence (a) Name (b) Companies registry entry particulars 4. Details of Processing Licence Issue Date…………………… No………………………………… Type of minerals…………………………………………………………………….. 5. Evidence of turnover for a period of 5 years from the issuance of licence. I certify the above information to be true to the best of my knowledge. ……………………………… ……………………….. Signature of Applicant Date Note: Indicate change in shareholding (if any) 171 <!-- page break --> Mining (Mineral Beneficiation) Regulations GN. No. 5(contd.) Form.MBF.6 THE MINING ACT, (CAP. 123) (Made under Regulation 9(2)) APPLICATION FOR RENEWAL OF SMELTING REFINING LICENCE 1. The applicant hereby applies to the Commission for a renewal of a Smelting Refining Licence. 2. Individual holder of a Smelting or Refining Licence (a) Name (b) Nationality (c) Postal address (d) Telephone (e) E-mail 3. Corporate holder of a Smelting or Refining Licence (a) Name (b) Companies registry entry particulars 4. Details of a Smelting or Refining Licence Issue Date Type of Minerals 5. Evidence of turnover for a period of 5 years from the issuance of licence I certify the above information to be true to the best of my knowledge. ……………………………… …………………………………… Signature of Applicant Date Note: Indicate change in shareholding (if any) Dar es Salaam ANGELLAH J. M. KAIRUKI, 9th January, 2018 Minister for Minerals 172 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) Government Notice No. 6 Published on 10/1/2018 THE MINING ACT, (CAP. 123) _________ REGULATIONS _________ (Made under Section 112) _________ THE MINING (GEOLOGICAL SURVEY) REGULATIONS, 2018 Regulation Title PART I PRELIMINARY PROVISIONS 1. Citation 2. Interpretation PART II ADMINISTRATION 3. Establishment of Board 4. Functions of the Board 5. Appointment, powers and duties of officers 6. Consultations by Geological Survey Officers 173 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) PART III GEOLOGICAL SURVEYS BY GEOLOGICAL SURVEY OFFICERS 7. Authority for geological survey 8. Power to enter land and notice to enter land 9. Power of a Geological Survey Officer 10. Claim for compensation for damage PART IV GENERAL OBLIGATIONS ON GEOLOGICAL SURVEY 11. Application of Part IV 12. Notice on person prospecting 13. Finding of fossiliferous material to be notified 14. Development of certain wells to be notified 15. Certain excavations to be notified PART V GEOLOGICAL SURVEY ARCHIVES AND COLLECTIONS 16. Establishment of archives and collections 17. Appointment of Keeper of Archives and Curator of Collections 18. Retention and disposal of specimens and samples 174 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) PART VI GENERAL PROVISIONS 19. Funds of GST. 20. Financial year. 21. Budget 22. Accounts and audit PART VII GENERAL PROVISIONS 23. Verification of information 24. General penalty 25. Offences by bodies of persons and by servants and agents 175 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) THE MINING ACT, (CAP. 123) _________ REGULATIONS _________ (Made under Section 112) _________ THE MINING (GEOLOGICAL SURVEY) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as theMining (Geological Survey) Regulations, 2018. Interpretation 2.In these Regulations, unless the context otherwise requires – Cap. 123 “Act” means the Mining Act; “analysis” means the determination of the composition of a specimen or sample by physical or chemical method; “artificial geophysical survey” means any investigation of thesurface, subsurface, or content of the earth by measuring thedeviations of artificially induced physical forces; “authorized person” means a person authorized by the Chief Executive Officer to make a geological survey; 176 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) “Board” means the Board of Geological Survey of Tanzania established by Regulation 3; “Chief Executive Officer” means the Chief Executive Officer ofGST appointed under section27A(3) of the Act; “fossiliferous material” means any mineral substance, including rock material, which contains remains or traces of animals or plants which have been preserved by natural processes in the earth’s crust; “geological survey” means any systematic investigations of the surface, subsurface, or content of earth by means of physical measurements of segments of earth crust, or samples taken from the earth, terrestrial water or vegetation; “geochemical survey” means any systematic investigation of thesurface, subsurface, or content of the earth by means of chemicalanalysis of specimens or samples taken from the earth, terrestrialwater or vegetation; “Geological Survey of Tanzania” means the Geological Survey of Tanzania established under section 27A (1) of the Act also known in its acronym “GST”. “Geological Survey Officer” means any person appointed under Regulation 5; “identification” means the naming of a sample using 177 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) simple physical and chemical tests when necessary; “mineral” means any substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth, or in or under the seabed formed by or subject to a geological process, but does not include petroleum or surface water; “ore” means solid naturally occurring mineral aggregate of economic interest from which one or more valuable constituents may profitably be recovered by treatment; “rock material” means any rock, stone, marble, gravel, sand, earth segment, laterite, loam, clay, soil, mud, tuff, peat, coral, shell or guano within or upon any land; “sample” means a fraction of naturally occurring matter representative of the mass of which it forms a part; “specimen” means a fraction of naturally occurring matter not necessarily representative of the mass of which it forms a parts. “superficial geological survey” means any systematic investigation of the surface, subsurface, or content of the earth by means of natural geophysical survey, geochemical survey or physical examination; 178 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) “systematic investigation” means any investigation including apreliminary examination. PART II ADMINISTRATION Establishment of 3.-(1) There shall be the Board of GST which Board shall be composed of- (a) the Chairman who shall be appointed by the President; and (b) Executive Secretary of the Mining Commission; (c) the Commissioner for Minerals; (d) a law officerrepresenting Attorney General’s Chambers; and (e) three eminent persons who possess proven knowledge and experience in the mining sector appointed by the Minister at least one of whom shall be a woman. (2) The Chief Executive Officer shall be the Secretary of the Board. Functions of the 4.-(1) The Board of GST shall- Board (a) assess organizational performance both technical and financial; (b) scrutinize and approve the operational budget of the Agency; (c) establish strategic direction and setting performance targets for GST; 179 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) (d) be responsible for the management and control of GST in accordance with the provisions of the Act and the Regulations; (e) ensure availability of up-to-date geoscientific maps, data andinformationin the country; (f) enhance the knowledge of geology and mineral resources potential of the country together with establishing exploration criteria for the resources; (g) assess the levels of geo-hazards (landslides, earthquakes,volcanoes, effects of mining and mineral processing to theenvironment), their risks and establishmitigation measures; (h) ensure that the relevant operational policies in procurement and administrative procedures are adhered to; and (i) ensure progressive capacity building within GST while maintaining effective management and utilization of the resources to optimise output. (2) The Board may, by resolution either generally or in any particular case, delegate the exercise of its powers to any of its committee, director, any employee or agent of the authority. (3) The tenure, termination of members and proceedings of the Board and such other matters in 180 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) relation to the Board shall be as set out in the Schedule to these Regulations. Appointment, 5.-(1) There shall be appointed by the Board such powers and duties ofofficers other officers of SGT as may be deemed necessary for carrying out the purpose of the Act and theseRegulations. (2) The duties and powers of the officers appointed under this regulation shall be those assigned to them by this Regulations. (3) Every officer appointed under this regulation shall be deemed by such appointment to be vested with all the powers of any geological survey officer subordinate to him. (4) The Chief Executive Officer may authorize any person in writing to conduct a geological survey on behalf of SGT. (5) Every appointment and authorization under this regulation shall be published in the Gazette. (6) For purposes of the Chief Executive Officer shall have superintendence over all other officers appointed or persons authorized by SGT. Consultations by 6.-(1) The Chief Executive Officer may authorize Geological Survey Officers any geological survey officer to undertake consultation, analysis or other services for any other person. (2) A geological survey officer authorized under sub-regulation (1) may require the person consulting him 181 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) to obtain the written approval of the proprietor or occupier of all land into which he requires to enter, and to obtain such permits and authority as may be necessary under any law for the purpose of the consultation, analysis or other service. (3) In the event of any specimen or sample being submitted for analysis a geological survey officer authorized under sub regulation (1) may order the retention or disposal of the specimen or sample or any portion thereof as he deems fit. (4) Fees for consultation, analytical and other services may be charged at such rates as may be prescribed. PART III GEOLOGICAL SURVEYS BY GEOLOGICAL SURVEY OFFICERS Authority for 7.A geological survey officer or an authorized geological survey person shall have power to enter upon any land within the designated area for the purpose of geological survey. Power to enter land 8.-(1) A geological survey officer or an and notice to enter land authorized person shall cause a notice to be served on any person who is the proprietor or occupier of any land, or lessee in the case of mining land, within the designated area notifying that person of his intention to 182 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) enter upon the land for purpose of geological survey. (2) The notice shall be served not less than fourteen days prior to the date of the intended entry. (3) Where entry to or egress from the designated area cannot be effected without passing through an alienated land, mining land or land occupied under temporary occupation licence, the geological survey officer or the authorized person shall serve a notice on the proprietor, lessee or occupier thereof notifying his intention to enter and re-enter such land for purpose of access to the designated area. (4) The notice shall be served not less than fourteen days prior to the date of the intended use of the land as an access. (5) Any notice to be served under this regulation may be served on aperson or body of persons in the following manner, that is to say: (a) by delivering the notice to the person; or (b) by delivering the notice- (i) at the person’s usual or last known place of abode or business to his servant or to an adult member of his family; or (ii) at the body’s registered office or usual or last known place of business to its servant or agent; or (c) by sending the notice by pre-paid registered post 183 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) to the person or body- (i) at the person’s usual or last known abode or place of business; or (ii) at the body’s registered office or usual or last known place of business; or (d) where the Chief Executive Officer is satisfied that a notice under this regulation cannot be served personally or by post (either because the person to be served is evading service or for some other reason) – (iii)by publishing a copy of the notice in the Gazette and if he thinks fit, in one or more of the newspapers circulating in an area where the land is situated. (6) Any person who upon being served with the notice under sub-regulations (2) and (3) shall allow any geological survey officer or authorized person to enter the land or any part thereof. 7. Any person who obstructs or hinders any authorised person, his assistants or employees, or takes away or displaces or defaces or destroys any post, stone, mark or object which has been set up or placed as provided in these regulations commits an offence and on conviction shall be liable to a fine of five million or imprisonment to a term of one year or both 184 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) Power of a 9.-(1) Upon service of the notice and subject to Geological Survey Officer provisions of sub-regulation (2) the geological survey officer or authorized person may, for purpose of making such investigations as the Chief Executive Officer considers desirable in relation to any geological survey- (a) enter upon any land within the designated area; (b) cut, remove or otherwise clear such uncultivated vegetation as may be necessary for the proper conduct of such survey; (c) erect or emplace such pegs and marks as may be necessary for the proper conduct of such survey; (d) conduct a superficial geological survey; (e) conduct an artificial geophysical survey; (f) bore, drill, fracture, dig or pit over the land; (g) obtain and remove any specimen or sample from the land in furtherance of such survey and remove and dispose of as he deems fit such superficial or cognate material as may be necessary to obtain the specimen or sample. (2) Any geological survey officer or authorized person entering upon any land for the purpose of a geological survey shall, on demand by the occupier of the land, produce to the occupier his letter of authority in the form prescribed. 185 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) Claim for 10.-(1) Where damage was done to any property compensation for damage during the course of a geological survey, the owner of the property may within six months after the completion of the geological survey on the land where the property was damaged, submit a claim to the Chief Executive Officer, who may – (a) reject the claim; or (b) cause the damage to be assessed and pay or tender to the claimant the assessed cost of damage. (2) Where the claimant is dissatisfied with the rejection of the claim or the assessment he may within one month after the service by post of the letter conveying the rejection or after the payment or tender of the assessed cost of damage under sub-regulation (1), appeal to the Minister. (3) The Minister shall as soon as practicable hear the claim and may dismiss the claim or make an award as may be necessary and just. (4) For the purpose of hearing an appeal under this regulation, the Minister may appoint a committee involving all necessary expertise on the matter in dispute. (5) The Minister shall have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production and delivery to him of 186 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) documents, including issuing documents of title and other documents evidencing title. (6) The decision of the Minister on the matter shall be final and conclusive. PART IV GENERAL OBLIGATIONS ON GEOLOGICAL SURVEY Application of Part 11.The provisions of this Part shall apply to all IV persons other than Geological Survey Officers and authorized persons. Notice on person 12.-(1) The Chief Executive Officer may, by prospecting notice require any person prospectingland for minerals under licence or permit issued under anylaw relating to mining for the time being in force to- (a) make and submit to him a record of description and place of finding of specimens of rock material, mineral, ore, fossiliferous materials, drill cores or other naturally occurring mineral substance in the earth; (b) to surrender to him the aforesaid specimens or samples or part of the specimens or samples for the purpose of identification or analysis provided such request is made within 6 months after the completion of the prospecting; 187 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) (c) to give a true account of the results of the prospecting as soon as possible after its completion or at such intervals during its continuance as he may direct. (2) The Chief Executive Officer may retain such specimens or samples as maybe surrendered to him under sub-regulation (1) (b). Finding of 13.Where any person conducting a geological fossiliferous material to be survey or prospecting finds any fossiliferous material he notified shall immediately notify the Chief Executive Officer of such details as may from time to time be prescribed. Development of 14.-(1) Any person who bores, drills, digs or certain wells to be notified otherwise develops a well within a mining area for the purpose of searching for or extracting water therefrom shallnotify the Chief Executive Officer of such details including drill logs and samples as may from time to time be prescribed. (2) For the purpose of this regulation a well does not include a well which is less than 10 metres in depth without reaching bedrock or yield less than 100 litres of water per day and is used only for the domestic purpose of the development. Certain excavations 15.Subject to regulation 14, any person who to be notified bores, drills, digs or otherwisedevelops a hole, pit, shaft, tunnel, cutting or other excavation within a mining or 188 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) exploration area exposingbedrock shall notify the Chief Executive Officer of such details including drill logs, assay values and samples as may be prescribed from time to time: Provided that this regulation shall not apply to any person making an excavation incidental to the erection of a single-storeyed or double-storeyed building or to any person making an excavation in accordance with the provisions of any law relating to mining for the time being in force. PART V GEOLOGICAL SURVEY ARCHIVES AND COLLECTIONS Establishment of 16.-(1) The Chief Executive Officer shall cause to archives and collections be established and maintained records of all geological information obtained by him under theseRegulations, and such records shall be known as the Geological Survey Archives. (2) The Chief Executive Officer shall cause to be established and maintained collections of all rocks, minerals, ores,a drill core logs fossils and other naturally occurring mineral substances from the earth obtained or retained by him under theseRegulations, and such collections shall be known as the Geological Survey 189 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) Collections. Appointment of 17.The Chief Executive Officer may appoint any Keeper of Archives and Curator of geological survey officer askeeper of the geological Collections survey archives or as the curator of thegeological survey collections and may delegate the responsibility forsuch archives and collections to any geological survey officer soappointed. Retention and 18.The Chief Executive Officer may retain any disposal of specimens and specimen or sample submitted to him for identification or samples analysis and may at any time arrange for the disposal of such specimens or samples in any way he deems fit, except that such specimens and samples shall be returned to the person submitting them if a request to this effect is made at the time of submission. PART VI FINANCIAL PROVISIONS Funds of GST 19.-(1) The funds of GST shall consist of- (a) moneys appropriated by Parliamentfor purposes of GST; (b) fees received pursuant to these regulations; (c) grants received by GST; and 190 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) (d) any other moneys legally acquired and received by GST for the execution of its function. (2) The funds of GST shall be used for payment of- (a) salaries and allowances of staff members of GST; (b) any other expenses incurred by GST in the execution of its functions. Financial year 20. The financial year of GST shall be the period of one year ending on the 30th June. Budget 21.-(1) The Chief Executive Officer shall, before the end of each financial year, prepare a budget for the following financial year showing estimates of its receipts and expenditure for the following year. (2) The Chief Executive Officer shall, subject to sub-regulation (1), submit to the Minister the annual budget and every supplementary budget for approval. Accounts and audit 22.-(1) The accounts of GST shall, at the end of each financial year, be audited by the Controller and Auditor-General. (2) GST shall cause to be kept all proper books and audited records of accounts of the income, expenditure and assets of GST. (3) Within a period of three months after the end of each financial year, the Board shall submit tothe Controller and Auditor-General the accounts of GST 191 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) together with- (a) a statement of income and expenditure during the year; and (b) a statement of assets and liabilities of GST on the last day of that year. PART VII GENERAL PROVISIONS Submission of 23.- All mineral right holders shall, within thirty information days from the date of publication of these Regulations submit to the Chief Executive Officer all geological information in the possession of such mineral right holders for verification. General penalty 24. Any person who contravenes any provision of theseRegulations or who fails to comply with any lawful direction, notice, condition or restriction imposed thereunder, commits an offence and shall on conviction be liable to a fine specified in section 129(6) of the Act. Offences by bodies 25.Where an offence against these Regulations of persons and by servants and agents has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed guilty 192 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) of that offence unless it is proved that the offence was committed without his consent or connivance and that diligence was exercised to prevent the commission of such an offence as he ought to have exercised, having regards to the nature of functions in that capacity and to all the circumstances. 193 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) __________ SCHEDULE __________ (Made under Regulation 4(3)) ___________ TENURE OF MEMBERS AND PROCEDURE OF THE BOARD Tenure of 1. The Chairman and a member of the Board shall hold office for a office period not exceeding three years on such terms and conditions as may be specified in the instrument of appointment and may be eligible for re- appointment for one more term. Vacation of 2. A person who is member by virtue of his position may- office (a) at any time resign from office by notice in writing to the Minister; or (b) be removed from office by the Minister if the member- (i) has been absent from three consecutive meetings of the Board without permission from the Chairman; (ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; (iii) is convicted of an offence involving dishonesty, fraud or moral turpitude; (iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; (v) is incapacitated by prolonged physical or mental illness; or (vi) is otherwise unable to discharge his functions. Meetings 3.-(1) The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting. (2) The quorum of the meeting of the Board shall be half of the total number of members. (3) The Chairman shall preside at every meeting of the Board, and in his absence, members present shall elect one among them to be the Chairman. (4) Unless a unanimous decision is reached a decision on any matter 194 <!-- page break --> Mining (Geological Survey) Regulations GN. No.6.(contd.) before the Board shall be by a majority of votes of the members present and in the case of an equality of votes, the Chairman or the person presiding shall have a casting vote. (5) Subject to subparagraph (3), no proceedings of the Board shall be invalid by reason only of a vacancy among members of the Board. (6) Subject to subparagraph (2), the Board may determine its own procedure and the procedure for any committee of the Board. Disclosure of 4.-(1) Where a member is directly or indirectly interested in any interest contract, proposed contract or other matter before the Board and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, he shall, before the opening of the meeting disclose the fact and shall not take part in the consideration or discussion of, or vote on any question with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter. (2) A disclosure of interest made under subparagraph (1), shall be recorded in the minutes of the meeting at which it is made. (3) Any member who fails to comply with subsection (1) or (2) shall be guilty of misconduct and shall be removed from the Board and liable for prosecution under the laws of Tanzania. Common seal 5.-(1) The common seal of the Board shall be authenticated by the signatures of the Chairman and the Secretary on any document required by law to be made under seal. (2) The decisions of the Board shall be authenticated by signatures of the Chairman and the Secretary. (3) In the absence of either the Chairman or the Chief Executive Officer, the Board shall nominate one member to authenticate the seal of the Board on behalf of the Chairman or the Secretary. Proceedings 6.-(1)Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behalf of GSTby any person generally or specifically authorised by GST for that purpose. (2) The Chairman and other members of the Board shall be paid fees or allowances as may be fixed by the Board with the approval of the Minister. Minutes 7. The Board shall cause minutes of all proceedings of meetings of the Board to be entered in books kept for that purpose. Dar es Salaam ANGELLAH J. M. KAIRUKI 9th January, 2018 Minister for Minerals 195 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) GOVERNMENT NOTICE NO. 7 published on 10/01/2018 THE MINING ACT, (CAP. 123) ___________ REGULATIONS __________ (Made under Section 112) ___________ THE MINING (AUDIT AND INSPECTION OF RECORDS) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS 1. Citation 2. Interpretation PART II KEEPING OF RECORDS 3. Obligation to keep records 4. Alternative way to keep records 5. Access to records 6. Duration for keeping records PART III AUDIT AND INSPECTION OF RECORDS 7. Notice of audit and inspection 8. Scope of audit and inspection 9. Production of records for audit and inspection 197 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) 10. Mode of audit and inspection and duration 11. Communication of audit or inspection results 12. Audit and inspection queries 13. Investigation of breach 14. Obligation of the officers 15. Audit and Inspection Standards and Code of Ethics PART IV MISCELLANEOUS PROVISIONS 16. Offences and penalties. 17. Obstructing authorized officer. 18. Powers of the Commission to Compound Offence. 19. Offence by Officers. 20. Duty to furnish information. 198 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) THE MINING ACT, (CAP. 123) ___________ REGULATIONS ____________ (Made under Section 112) ___________ THE MINING (AUDIT AND INSPECTION OF RECORDS) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation and 1. These Regulations may be cited as the Mining Commencement (Audit and Inspection of Records) Regulations, 2018. Interpretation 2. In these Regulations unless the context otherwise requires:- Cap. 123 "Act" means the Mining Act; “audit standards” means standards issued by local and international audit and accounting bodies applied by the Commission in the conduct of its functions; "authorized officer” means the Chief Inspector of Mines, Resident Mines Officers, Mines Resident Officers, Inspector of Mines and public officers appointed pursuant to section 25 of the Act; “Code of ethics and conduct” means a code of ethics and conduct for the Public Service and shall include the relevant Professional Codes of Ethics and Conduct in respect of audit and inspection of mines developed 199 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) and adopted by the Commission; “Commissioner” means Commissioner for Minerals appointed pursuant to section 20 of the Act, “auditor” means a person duly authorized in terms of the Act to inspect mine records; “licence” when used as a noun means, a mineral right and when used as a verb includes any associated licensing activities which include receiving, processing, and validating applications, and granting and issuing of mineral rights as defined under the Act; “licensing activities” means activities as defined under the Act; “mine operator” in relation to a mine, means the person who is in control directly or indirectly of the operations of the mine or a mineral right holder; “Minister” means the Minister responsible for mining; “mine records” means any records including books of accounts, vouchers, documents, maps, drilling logs or records related therewith; “person” means an individual or an entity involved directly or indirectly in mining activities or mining operations. PART II KEEPING OF RECORDS Obligation to 3.-(1) Every mineral right holder shall keep and keep records maintain records in respect of all mining activities or operations within the mining areas or at the mineral rights holder’s office located in Tanzania or as the Commission or an authorized officer determines whether or not such mineral rights holder is in compliance with the provisions of the Act. (2) Records referred to under sub-regulation (1) 200 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) shall be kept longer after the date of the last entry was made for a period of five years or such other period as the Commission may determine. (3) Records to be kept by the mineral right holder shall include: (a) books of accounts, documents, or records of any kind; (b) drilling logs; (c) maps; (d) vouchers; (e) all reports of, and findings and recommendations resulting from inspections, investigations, and audits carried out at the mine in line with Act; (f) a record of and reports about all serious accidents and high potential incidents that have happened at the mine; (g) all directives issued under the Act, to the operator and the operator’s agents or representatives; and (h) any other reports or information that may be prescribed by the Commission. Alternative way 4.-(1) The mineral rights holder may decide how to keep records best the records shall be made and stored on the basis that any information contained is to be stored accurately, legibly and can be easily retrieved. (2) For the purpose of these Regulations, when records are kept electronically, the system shall provide backup so that copies of records can be retrieved if they are inadvertently deleted or lost through software or hardware malfunction. 201 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) Access to 5.-(1) The Commission or an authorized officer records shall have unrestricted access to mineral rights holder’s documents, computers and other information systems and assets as the Commission or an authorized officer reasonably considers necessary for the proper performance of functions, carrying out statutory responsibilities and the exercise of powers. (2) The Commission or an authorized officer may, at all reasonable time, inspect and take copies of any mine records pursuant to the provisions of the Act, and these Regulations. (3) The Commission or an authorized officer may retain any document produced by any mineral rights holder under these Regulations but such mineral rights holder shall be entitled to a certified copy of the document retained by the Commission or authorized officer. Duration for 6. A person shall not destroy, deface or alter keeping records records for the period of the life of the mine or duration of the mining licence whichever period is longer. PART III AUDIT AND INSPECTION OF RECORDS Notice of audit 7. Notice of the time and place appointed for the and inspection holding of audit and inspection shall be given to the mineral rights holder fourteen days before audit and inspection is undertaken. Scope of audit 8. The Commission or an authorized officer shall and inspections determine the scope and extent of the audit and inspection of the mine records of each mineral rights holder in a manner desirable in carrying out responsibilities and functions specified under the Act. 202 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) Production of 9.-(1) Mineral rights holder shall produce records for audit and records which, in the opinion of the Commission or inspection authorized officer, are required to enable proper assessment of the mining activities or operations in accordance with section 101(1) of the Act. (2) The Commission or an authorized officer may require attendance and presentation from all persons as is necessary for proper conduct of audit and inspection of such records. Mode of audit 10.-(1) Audit and inspection of records shall and inspection and duration commence after the meeting between Commission or authorized officer and mineral right holder whereby the Commission or authorized officer shall cause the minutes of the meeting to be kept and attached in inspection report. (2) Audit and inspection of records shall commence and be concluded within thirty days except where there is reasonable cause to extend the time, the maximum time which shall not exceed the maximum of sixty days. Communication 11. The Commission or authorized officer shall of audit and inspection prepare an audit and inspection report and disseminate the results report to the mineral rights holder and submit a copy of the report to the Minister. Circumstance 12.-(1) Where audit and inspection by the where queries arise during Commission or authorized officer raises questions, the audit and mineral rights holder shall be required to reply to each of inspection the questions within thirty days after issuance of the audit and inspection report. (2) Failure to reply to the questions raised within the time specified, the Commission may require the mineral rights holder to show cause as to why the 203 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) Commission should not make an order to revoke or suspend the licence. Investigation 13. Where the Commission or authorized officer where breach of the provisions has reason to believe that a mineral right holder has in respect of violated the provision of the Act it shall make such records arise investigations as is necessary and may examine such other persons and compel the production of any other addition evidence to establish non-compliance of the Act. Obligation of 14. For the purpose of auditing and inspection by the officers the the Commission or authorized officer:- (a) in handling audit and inspection matters an officer shall not take part in the audit and inspection if he has an interest in the mineral right holder or mine operator or the matters thereon. (b) shall not divulge any information which relates to the business secrets of the mineral rights holder which comes to theirs knowledge in the course of audit and inspection. (c) shall observe the professional code of ethics and conduct under Regulation 14. Audit and 15.-(1) The Commission or an authorized officer Inspection Standards and shall, in discharging functions and responsibilities, Code of Ethics determine which auditing and inspection standards be applied and may issue auditing and inspection standards to be applied for audit and inspection performed by the Commission or an authorized officer. (2) Pursuant to sub-regulation (1), the Commission or an authorized officer may be guided by international auditing and inspection standards and code of ethics and conducts or other auditing and inspection standards as may deemed fit. 204 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) PART IV GENERAL PROVISIONS Offences and 16.-(1) A person shall not: penalties (a) refuse or fail to comply with a requirement stipulated under Regulation 7 to the extent of being unable of complying with it; (b) in purported compliance with such a requirement, knowingly furnish information that is false or misleading in any material particular; (c) when responding to any question from the Commission or any other person in accordance with such requirements, knowingly make a statement or produce a document that is false or misleading in material particular; (d) when making available books or documents in accordance with such a requirement, knowingly make available a book or document that is false or misleading in material particular; (e) make or cause to be made any declaration, certificate, or other document, which is false or incorrect in any particular; (f) when required in accordance with the Act or these Regulations to answer any question put to him or her by an officer, refuse to answer such question or make any false or incorrect statement in reply to the question; or (g) without written consent of the Commission, publish or disclose information obtained in the cause of an audit and inspection to any person other than in the cause of work or when required to do so by a court of law. (2) Any person who commits an act or omission in contravention of sub-regulation (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty million shillings or to imprisonment for a term not 205 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) exceeding twelve months or to both. (3) Where a person who commits an offence is a body corporate, that person shall be liable to fine of not less than fifty million shillings but not more than one hundred fifty million shillings. Obstruct or 17. Any person who obstructs or resists the resist Commission or Commission or authorized officer in the exercise of an authorized powers of access, or power to call for relevant officer from information, commits an offence and on conviction liable exercising his duties under to a fine not exceeding six five million shillings or to this regulations imprisonment for a term not exceeding twelve months or to both. Powers of the 18.-(1) The Commission may compel or order the Commission to Compound production of any document relevant to the audit and Offence inspection or recall any document for audit and inspection. (2) Where the Commission makes any order under sub-regulation (1): (a) the order shall be put into writing and attached to it the request of the person to the Commission to deal with the matter; or (b) a copy of the order shall be given to the person who requests. (3) Where the mineral rights holder fail to implement the order issued under sub-regulation (2) the Commission may cause the licence to be suspended or cancelled. Offence by the 19.-(1) Any staff of the Commission or an Officer authorized officer, an auditor or inspector and an expert acting on behalf of the Commission or an authorized officer commits an offence who:- (a) demands or takes bribe, recompense or reward for the neglect or non-performance of duty; (b) willfully fails to report to the Commission or an authorized officer any abuse or irregularity that 206 <!-- page break --> Mining (Audit and Inspection of Records) Regulations GN. No. 7 (contd...) comes to his notice in the course of auditing and inspection duties; (c) makes any report to the Commission or an authorized officer which he knows to be false or has no reason to believe it to be true; or (d) abuses his powers, engages in malpractices for personal gains, neglects duties or divulge state’s or mineral rights holders business secrets. (2) Any person convicted of an offence under these Regulations shall, in additional of other disciplinary penalty that may be taken against such person, be liable to a fine not exceeding fifty million shillings or to imprisonment for a term not exceeding two years or to both. Duty to furnish 20. For purposes of the audit and inspection information to other functions by the Commission or an authorized officer, Government any information of material facts that are deemed to have bodies the risk of loss of revenue that prevails outside the jurisdiction of the Commission shall be addressed to the responsible office having jurisdiction for prevention of the loss of Government revenue including but not limited to the Tanzania Revenue Authority, National Environment Management Council, Tanzania Extractive and Transparency Initiatives Committee and any other body concerned. Dar es Salaam ANGELLAH J. M. KAIRUKI, 9th January, 2018 Minister for Minerals 207 <!-- page break --> Executive Agency (Tanzania Mineral Audit Agency)(Disestablishment) GN. No. 8 (contd.) GOVERNMENT NOTICE NO. 8 published on 10/01/2017 THE EXECUTIVE AGENCY ACT, (CAP.245) _________ ORDER _________ (Made under 36 (1)) _________ THE EXECUTIVE AGENCY (TANZANIA MINERAL AUDIT AGENCY)(DISESTABLISHMENT) ORDER, 2018 Paragraph Title 1. Citation 2. Interpretation 3. Disestablishment of Agency 4. Transfer of functions and powers 5. Transfer of properties, assets and liabilities 6. Transfer of officer and employee 7. Pension and terminal benefits 8. Revocation 209 <!-- page break --> Executive Agency (Tanzania Mineral Audit Agency)(Disestablishment) GN. No. 8 (contd.) THE EXECUTIVE AGENCY ACT, (CAP.245) _________ ORDER _________ (Made under 36 (1)) _________ THE EXECUTIVE AGENCY (TANZANIA MINERAL AUDIT AGENCY)(DISESTABLISHMENT) ORDER, 2018 Citation 1. This Order may be cited as the Executive Agency (Tanzania Mineral Audit Agency) (Disestablishment) Order, 2018. Interpretation 2. In this Order, unless the context otherwise requires- GN. No. 362 of “Agency” means Tanzania Mineral Audit Agency established 2009 under the Executive Agency (Tanzania Mineral Audit Agency) (Establishment)Order, 2009; “Board” means the Tanzania Mineral Audit Agency Advisory Board established pursuant to the Executive Agency (Tanzania Mineral Audit Agency) Establishment Order; Cap. 123 “Commission” means the Mining Commission established by section 21 of the Mining Act; GN.No.362 of “employees” means employees of the Tanzania Mineral Audit 2009 Agency. Disestablishment 3.-(1) The Agency is hereby disestablished. of Agency (2) Consequent upon disestablishment of the Agency, the Board is hereby dissolved. Transfer of 4. All functions under the Tanzania Mineral Audit functions and Agency performed by the Agency, subject to section 21 of the powers Mining Act, are hereby transferred and shall be performed by the 210 <!-- page break --> Executive Agency (Tanzania Mineral Audit Agency)(Disestablishment) GN. No. 8 (contd.) Commission. Transfer of 5.-(1) All properties and assets in form of movable and properties, assets immovable and any interests of the Agency shall stand and liabilities transferred to the Commission. (2) All liabilities subsisting or arising from any act or omission by the Agency or Commission are hereby transferred to the Commission. (3) For the purpose of sub-paragraph (2), any suit or charge subsisting or pending in any court of law or tribunal and any charge instituted by or on behalf of the Agency, there shall be substituted in lieu thereof the name of the Commission and any damages or reliefs or any penalty arising thereby shall be payable to, or paid by or imposed on the Commission, consequent upon disestablishment of the Agency and dissolution of the Board. Transfer of 6.-(1) Consequent upon disestablishment of the Agency, officer and all officers and employees of the Authority shall, from the date employees of publication of this Order, be deemed to have been transferred to the Commission. (2) For the purpose of sub-paragraph (1), the President’s Office, Public Service Management shall allocate to public office all officers and other employees transferred to the Commission so that any officer or employee who may not be required or whose carreer cadre is not required subsequent to such transfer from the Agency. Pension and 7.-(1) Pension and other terminal benefits payable to any terminal benefits officer or any other employee transferred to the Commission or to such other public office shall continue to be paid by respective schemes to which each of such officer or employee was a member or beneficiary and Government contribution to such pension or terminal benefits schemes in respect of each of such officer and employee shall continue. (2) For purpose of sub-paragraph (1), the period during which an officer or employee served with the Agency shall be deemed as the period added to the period which the officer or 211 <!-- page break --> Executive Agency (Tanzania Mineral Audit Agency)(Disestablishment) GN. No. 8 (contd.) employee served with the Commission or such other public office for the purpose of determining a period of reckonable service required under the laws governing pension or terminal benefit scheme to which such officer or employee is a member or beneficiary. Revocation 8. The Executive Agency (Tanzania Mineral Audit GN No. Agency)(Establishment), Order, 2009 is hereby revoked. 362 of 2009 BY COMMAND OF THE PRESIDENT Dar es Salaam JOHN W.H. KIJAZI 10th January, 2018 Chief Secretary 212 <!-- page break --> Executive Agency (Geological Survey Agency)(Disestablishment) GN. No. 9 (contd.) GOVERNMENT NOTICE NO. 9 published on 10/01/2018 THE EXECUTIVE AGENCY ACT, (CAP 245) _________ ORDER ___________ (Made under section 36 (1)) ___________ THE EXECUTIVE AGENCY (GEOLOGICAL SURVEY AGENCY) (DISESTABLISHMENT) ORDER, 2018 Paragraph Title 1. Citation 2. Interpretation 3. Disestablishment of Agency and Board 4. Transfer of functions and powers 5. Transfer of properties, assets and liabilities 6. Transfer of officers and employees 7. Pension and terminal benefits 8. Revocation 213 <!-- page break --> Executive Agency (Geological Survey Agency)(Disestablishment) GN. No. 9 (contd.) THE EXECUTIVE AGENCY ACT, (CAP 245) _________ ORDER ___________ (Made under section 36 (1)) ___________ THE EXECUTIVE AGENCY (GEOLOGICAL SURVEY AGENCY) (DISESTABLISHMENT) ORDER, 2018 Citation 1. This Order may be cited as the Executive Agency (Geological Survey Agency) (Disestablishment) Order, 2018. Interpretation 2. In this Order, unless the context otherwise requires- GN. No. 418 of “Agency” means the Geological Survey Agency established 2005 under the Executive Agency (Geological Survey Agency)(Establishment) Order, 2005; Cap. 123 “Geological Survey of Tanzania” means the Geological Survey of Tanzania established by section 27A of the Mining Act; “employees” means employees of the Geological Survey of Tanzania. Disestablishment 3.-(1) The Agency is hereby disestablished. of Agency and Board (2) Consequent upon disestablishment of the Agency, the Ministerial Advisory Board of Geological Survey Agency is disestablished. Transfer of 4. All functions hitherto performed by the Agency are, functions and subject to section 27A of the Mining Act, transferred and shall powers be performed by the Geological Survey of Tanzania as re- establishment under the Act. 214 <!-- page break --> Executive Agency (Geological Survey Agency)(Disestablishment) GN. No. 9 (contd.) Transfer of 5.-(1) All properties and assets in form of movable and properties, assets immovable and any interests of the Agency shall stand and liabilities transferred to the Geological Survey of Tanzania. (2) All liabilities subsisting or arising from any act or omission by the Agency are hereby transferred to the Geological Survey of Tanzania. (3) For the purpose of sub-paragraph (2), any suit or charge subsisting or pending in any court of law or tribunal and any charge instituted by or on behalf of the Agency, there shall be substituted in lieu thereof the name of the Geological Survey of Tanzania and any damages or reliefs or any penalty arising thereby shall be payable to, or paid by or imposed on the Geological Survey of Tanzania, consequent upon disestablishment of the Agency. Transfer of 6. Consequent upon disestablishment of the Agency, all officer and officers and employees of the Authority shall, from the date of employees publication of this Order, be deemed to have been transferred to the Geological Survey of Tanzania. Pension and 7.-(1) Pensions and other terminal benefits payable to terminal benefits any officer or any other employee transferred to the Geological Survey of Tanzania or other public office shall continue to be paid by respective schemes to which each of such officer or employee was a member or beneficiary and Government contribution to such pension or terminal benefits schemes in respect of each of such officer or employee shall continue. (2)For purpose of sub-paragraph (1), the period during which an officer or employee served with the Agency shall be deemed as the period added to the period which the officer or employee served with the Geological Survey of Tanzania or such other public office for the purpose of determining a period of reckonable service required under the laws governing pension or terminal benefit scheme to which such officer or employee is a member or beneficiary. 215 <!-- page break --> Executive Agency (Geological Survey Agency)(Disestablishment) GN. No. 9 (contd.) Revocation 8. The Executive Agency (Geological Survey Agency) GN No. (Establishment) Order,2005 is hereby revoked. 418 of 2005 BY COMMAND OF THE PRESIDENT Dar es Salaam, JOHN W.H. KIJAZI 10th January, 2018 Chief Secretary 216 <!-- page break -->