Processing And Smelting/Refining Licences

In this month's briefing we look at the application procedure for processing and smelting/refining licences and the obligations imposed on the holders of these licences.

Legal basis

The Mining Act of 2010 (the Mining Act) is the basic law which governs all mining and mineral activities in Tanzania. There are a number of regulations made under the Mining Act including the Mining (Mineral Beneficiation) Regulations of 2010.

1. Application for a Processing Licence

   Holders of Mining Licences, Special Mining Licences and Primary Mining Licences (Mineral Rights) are allowed to process their minerals within or outside of the mining area hence they are not required to apply for a separate processing licence. However if the holder of Mineral Rights wishes to process minerals other than minerals extracted from his mining area, the holder will be required to apply for a processing licence. In addition any other person who wishes to separately engage in the business of minerals processing will be required to obtain a processing licence from the Commissioner for Minerals (Commissioner).

   A person applying for a processing licence is required to submit to the Commissioner an application in the prescribed form along with the following documents:

   Receipt as proof of payment of the prescribed fee Environment management plan Environmental impact assessment certificate Process plant layout Procurement, haulage and processing inputs plan Compensation, relocation and resettlement plan, if land will be acquired for the processing plant Succession plans for any foreign expatriates Identification documents in relation to the land where the processing plant will be set up Identification documents of the applicant, if a corporate body, the memorandum and articles of association, certificate of incorporation and registered address should be provided Such other documents and information as may be required by the licensing authority B. Application for a smelting and refining licence

   Any person who wishes to engage in the smelting or refining of minerals is required to apply to the Minister for Energy and Minerals (Minister) for a smelting or a refining licence. Holders of Mineral Rights are not allowed to engage in the smelting or refining of minerals on their own without applying and obtaining a smelting or a refining licence from the Minister.

   A person applying for a smelting or refining licence is required to submit to the Minister an application in the prescribed...