The Mining (Mineral Beneficiation) Regulations, 2018

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 -->