This Act was repealed on 2010-11-01 by Mining Act.
This is the version of this Act as it was when it was repealed.
Taxonomies
Related documents
- Is amended by Finance Act, 2006
- Is amended by Finance Act, 2007
- Is repealed by Mining Act
Tanzania
Mining Act
Chapter 123
- Published in Tanzania Government Gazette
- Commenced on 1 July 1999
- [This is the version of this document as it was at 31 July 2002 to 30 June 2006.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
- [Repealed by Mining Act (Act 14 of 2010) on 1 November 2010]
Part I – Preliminary provisions (ss. 1-4)
1. Short title
This Act may be cited as the Mining Act.2. Application
This Act extends to and in respect of the sea-bed and subsoil of the continental shelf, as well as the land and the land beneath the territorial sea, of the United Republic.3. Act not to apply to petroleum
This Act does not apply to the search for or production of petroleum.4. Interpretation
Part II – General principles of the Act (ss. 5-15)
5. Control of minerals
Subject to this Act the entire property and control over minerals on, in or under the land to which this Act applies is vested in the United Republic.6. Authority required for prospecting or mining
7. Mineral Rights
The following Mineral Rights may be granted under this Act—8. Restriction on grant of Mineral Rights
9. Mineral Rights transferable
10. Development agreement
11. Joint and several obligations
Where a Mineral Right is granted to, or held by, more than one person, any obligation under this Act, the Regulations or a relevant development agreement which is to be observed and performed by the holder shall be a joint and several obligation of the persons who constitute the holder save where the terms and conditions of that Mineral Right or a relevant development agreement otherwise provide.12. Priority between competing applications
13. Applications for Mineral Rights by tender
14. Exclusive areas for primary licensees
Where the Minister, after consultation with the Mining Advisory Committee, determines that it would be in the interests of the orderly development of the mining industry in Tanzania, he may by Order, published in the Gazette, designate any vacant area as an area exclusively reserved for prospecting and mining operations by persons holding primary mining licences issued under Division D of Part IV.15. Offences relating to unauthorised trading of minerals
Part III – Administration (ss. 16-23)
16. Appointment of Commissioner for Minerals
17. Execution and delegation of functions of Commissioner
18. Geological services
The Commissioner, or a person to whom the functions referred to in this subsection have been delegated under subsection (2) of section 17 shall—19. Geological survey, mapping and prospecting on behalf of the Republic
The Commissioner or a person to whom the functions referred to in section 18 have been delegated may, for the purpose of carrying out the geological mapping of Tanzania—20. Mining Advisory Committee
21. Prohibition against the disclosure of information
22. Indemnity
No officer of the Ministry or other public officer shall be liable for anything done or omitted to be done bona fide in the performance or purported performance of any function vested in him by, or in accordance with an appointment made under, this Act.23. Zonal mines offices
Part IV – Mineral Rights (ss. 24-72)
Division A – Prospecting licence and retention licence (ss. 24-35)
(i) – Prospecting licence (ss. 24-33)
24. Application for prospecting licence
25. Preliminary reconnaissance period
An applicant for the grant of a prospecting licence for all minerals other than building materials or gemstones may apply for the grant of a prospecting licence covering in the first instance a preliminary reconnaissance period not exceeding two years.26. Prospecting licence by tender
27. Maximum areas, minimum expenditure
28. Condition for grant of prospecting licence
An applicant for a prospecting licence whose application was properly made under section 25 and an applicant whose application has been declared to be a successful application under section 26 shall be entitled to the grant of a prospecting licence for which he has applied unless—29. Grant, duration and renewal of prospecting licence
30. Notification of grants
31. Content of prospecting licence
32. Rights of holder of prospecting licence
33. Obligations of holder of a prospecting licence
The holder of a prospecting licence shall—(ii) – Retention licence (ss. 34-35)
34. Application for retention licence
35. Grant of retention licence
Division B – Special mining licence, mining licence and gemstone mining licence (ss. 36-55)
(i) – Applications for special mining licence, mining licence and gemstone mining licence (ss. 36-37)
36. Applicants
37. Effect of application under this head on prospecting licence for building materials
(ii) – Special mining licence (ss. 38-45)
38. Application for special mining licence
39. Grant of special mining licence
40. Duration of special mining licence
A special mining licence—41. Content of special mining licence
42. Renewal of special mining licence
43. Rights of holder of special mining licence
A special mining licence confers on the holder the exclusive right, subject to this Act and the Regulations, to carry on mining operations in the mining area for minerals as specified in the licence, and for that purpose the holder, his servants and agents may, in particular—44. Obligations of holder of special mining licence
Subject to the provisions of this Act and the Regulations, the holder of a special mining licence shall, as a condition of the licence—45. Amendments of special mining licence by holder
(iii) – Mining licence (ss. 46-50)
46. Mining licence
47. Application for mining licence for minerals other than gemstones
48. Grant of mining licence for minerals other than gemstones
The Minister shall grant an application for a mining licence for minerals other than gemstones which has been properly made under section 47 and a successful application for a mining licence made under section 62 unless—49. Rights and obligations of holder of mining licences for minerals other than gemstones
50. Renewal of mining licence for minerals other than gemstones
(iv) – Gemstone mining licence (ss. 51-55)
51. Application for gemstone mining licence
52. Grant of gemstone mining licence
53. Rights and obligations of holders of gemstone mining licence
54. Report of prospecting and mining under gemstone mining licence
55. Renewal of gemstone mining licence
Division C – Supplementary provisions affecting Mineral Rights under Divisions A and B (ss. 56-64)
56. Surrender of land subject to Mineral Right
57. Suspension and cancellation of Mineral Right
58. Extension of Mineral Rights during applications
Where the holder—59. Enlargement of certain Mineral Right
60. Holder of certain Mineral Right ceasing or suspending mining operations
61. Maximum area for which licence may be granted
The maximum area for which a mining licence or a gemstone mining licence may be granted shall be prescribed and for that purpose the Regulations may prescribe different maximum areas for different minerals and in respect of different Mineral Rights.62. Allocation of mining licence or gemstone mining licence by tender
63. Termination of mining licence or gemstone mining licence where production is insufficient
Where over a continuous period, not being less than three years, the holder of a mining licence for minerals other than gemstones, or, as the case may be, the holder of a gemstone mining licence, has in each year of production recovered less than fifty per centum of—64. Additional requirements for certain mining licences and gemstone mining licences
Division D – Primary licences (ss. 65-72)
65. Application for, and grant of, primary prospecting licence
66. Application for primary mining licence
The holder of a primary prospecting licence and any other person not disqualified under section 8, may apply to the Commissioner for the grant of a primary mining licence. Every such application shall—67. Minimum and maximum areas
Subject as provided under Regulations made for the purposes of subsection (2) of section 70, the minimum or maximum area for a primary mining licence shall be prescribed.68. Grant of primary mining licence
69. Renewal of primary mining licence
70. Allocation of primary mining licences to mine in exclusive primary area
71. Conversion of primary mining licences to certain mineral rights under Division B
72. Cancellation of primary licence
The Commissioner may, by notice in writing to the holder of a primary prospecting licence or a primary mining licence, cancel the relevant licence on the occurrence of an event which, as provided in subsection (2) of section 8, would render that person ineligible to be granted the primary licence.Part V – Licences for dealing in raw gold, gemstones and other minerals (ss. 73-85)
(i) – Dealer’s licence (ss. 73-79)
73. Application for dealer's licence
74. Grant of dealer's licence
75. Duration and renewal of dealer's licence
76. Rights of holder of dealer's licence
77. Holder to keep records and accounts
The holder of a dealer's licence shall keep full and accurate records and accounts of all transactions undertaken by him as a dealer and such records and accounts shall be kept in such form and shall include details as may be prescribed.78. Minimum turnover requirements
79. Termination of dealer's licence for default
Where the holder of a dealer's licence is in default the Minister may serve on the holder a default notice specifying the nature of the default and if within such reasonable time as the Minister may specify in the default notice, the default has not been corrected the Minister may by notice to the holder terminate the dealer's licence.(ii) – Broker's licence (ss. 80-85)
80. Application for broker's licence
81. Grant of broker's licence
82. Duration and renewal of a broker's licence
83. Rights of holder of broker's licence
84. Holder to keep records and accounts
The holder of a broker's licence shall keep full and accurate records and accounts of all transactions undertaken by him as a broker and such records and accounts shall be kept in such form and shall include details as may be prescribed.85. Termination of broker's licence for default
Part VI – Financial provisions (ss. 86-93)
86. Royalties
87. Remission and deferment of royalties
88. Payment in lieu of royalties
89. Provisional assessment of royalties
90. Sorting fees
The Minister shall by notice published in the Gazette prescribe the fees to be payable for purposes of sorting and valuation of gemstones produced or acquired by an authorised miner who opts to sell the gemstone produced or acquired by him to the company which is in the control of such authorised miner whose names shall be published in the Gazette.91. Prohibition on disposal of minerals
92. Charges in respect of Mineral Rights and licences
93. Recovery of fees
The Commissioner may demand, sue for, recover and receive all fees, charges, dues, rents, royalties or payments which may become due in respect of any Mineral Right or any licence, or otherwise due under the provisions of this Act or the Regulations.Part VII – Restrictions, reports and the right of entry (ss. 94-100)
94. Security of gold and gemstones mining operations
95. Restriction of rights of entry of holder of a Mineral Right
96. Rights under a Mineral Right to be exercised reasonably
97. Removal of minerals
The holder of a prospecting licence or primary prospecting licence shall not, without the written permission of the Commissioner, and subject to such conditions as the Commissioner may specify in the instrument of permission, remove any mineral from the prospecting area, except for the purpose of having the mineral analysed, determining the value of the mineral or conducting tests on the mineral.98. Wasteful practices
99. Reports, records and information
100. Authorised officer's power of entry
Part VIII – Disputes (ss. 101-104)
101. Commissioner may decide disputes
102. Enforcement of Commissioner's orders
103. Appeal to High Court
104. Rules
The Commissioner may make rules providing for the initiation and conduct of proceedings under section 101 and the keeping of records and notes of evidence concerning any such proceedings.Part IX – Registration of Mineral Rights (ss. 105-106)
105. Registers of Mineral Rights
106. Evidentiary provisions
A certificate of the Commissioner that—Part X – Miscellaneous provisions (ss. 107-113)
107. Radioactive minerals
108. Transfer of control over company
109. Insurance and indemnities
110. Regulations
111. Obstruction of holder of Mineral Rights
Any person who, without reasonable excuse, obstructs or hinders the holder of a Mineral Right from doing any act which that holder is authorised to do by this Act, the Regulations or his Mineral Right commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings or imprisonment for a period not exceeding twelve months or to both.112. Miscellaneous offences
Any person who—113. Offence committed by body corporate
Where an offence which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or of any person who was purporting to act in any such capacity, he, as well as the body corporate, commits an offence and shall be punished accordingly.Part XI – Repeals, savings transitional and temporary provisions (ss. 114-117)
114. Repeal of Act No. 17 of 1979
[Repeals the Mining Act with saving and transitional provisions set out in the Fourth Schedule.]115. Repeals with savings
[Repeals the laws set out in Part I of the Fifth Schedule with transitional and savings provisions set out in Part II of the Fifth Schedule.]116. Transitional and temporary provisions
117. Saving of subsidiary legislation
Notwithstanding the repeal of the laws specified in section 114 and the Fifth Schedule any subsidiary legislation made under any of those laws shall have effect as if made or done under section 110 of this Act until they are revoked or replaced.History of this document
01 November 2010
Repealed by
Mining Act
01 July 2007 amendment not yet applied
Amended by
Finance Act, 2007
01 July 2006 amendment not yet applied
Amended by
Finance Act, 2006
31 July 2002 this version
Consolidation
01 July 1999
Commenced
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Act 7
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Documents citing this one 38
Judgment 32
Gazette 2
1. | Tanzania Government Gazette dated 2021-06-30 number 26 | |
2. | Tanzania Government Gazette supplement number 6 dated 2019-02-08 number 6 |
Act 1
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Finding aid 1
1. | The Subsidiary Legislation of Tanzania Index - Vol. 1: 2008 - 2021 |
JOT Documents and Guidelines 1
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Law Reform Report 1
1. | Legal Framework of the Tourism Industry |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Merelani (Controlled Area) Regulations, 2002 | Government Notice 450 of 2002 | 31 July 2002 |
Mining (Disputes Resolution) Rules, 1999 | Government Notice 224 of 1999 | 31 July 2002 |
Mining (Safe Working and Occupational Health) Regulations, 1999 | Government Notice 219 of 1999 | 31 July 2002 |
Mining (Environmental Management and Protection) Regulations, 1999 | Government Notice 218 of 1999 | 31 July 2002 |
Mining (Mineral Rights) Regulations, 1999 | Government Notice 217 of 1999 | 31 July 2002 |
Mining (Salt Production and Iodation) Regulations, 1999 | Government Notice 216 of 1999 | 31 July 2002 |
Mining (Mineral Trading) Regulations, 1999 | Government Notice 215 of 1999 | 31 July 2002 |
Mining (Provisional Licences) Regulations, 1999 | Government Notice 214 of 1999 | 31 July 2002 |
Diamond Industry Protection Regulations, 1948 | Government Notice 245 of 1948 | 31 July 2002 |
Mining (Exclusive Reserve Area) Order, 2002 | Government Notice 359 of 2002 | 26 July 2002 |