Definitive global law guides offering comparative analysis from top-ranked lawyers
CHAMBERS GLOBAL PRACTICE GUIDES
Mining 2026 Definitive global law guides offering comparative analysis from top-ranked lawyers
Contributing Editor Roberta Bilotti Demange Pinheiro Neto Advogados
Global Practice Guides
Mining Contributing Editor Roberta Bilotti Demange Pinheiro Neto Advogados
2026
Chambers Global Practice Guides For more than 20 years, Chambers Global Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Global Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted. Content Management Director Claire Oxborrow Content Manager Jonathan Mendelowitz Senior Content Reviewers Sally McGonigal, Ethne Withers, Deborah Sinclair, Stephen Dinkeldein, Vivienne Button and Sean Marshall Content Reviewers Lawrence Garrett, Marianne Page, Heather Palomino, Alison Moore, Adrian Ciechacki and Michael Irvine Content Coordination Manager Nancy Tsang Senior Content Coordinators Carla Cagnina and Delicia Tasinda Content Coordinator Joanna Chivers Head of Production Jasper John Production Coordinator Genevieve Sibayan
Published by Chambers and Partners 165 Fleet Street London EC4A 2AE Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambers.com
Copyright © 2026 Chambers and Partners
Contents
INTRODUCTION Contributed by Roberta Bilotti Demange and Marina Bertucci Ferreira, Pinheiro Neto Advogados p.5
GERMANY Law and Practice p.156 Contributed by Luther Rechtsanwaltsgesellschaft mbH Trends and Developments p.169 Contributed by Luther Rechtsanwaltsgesellschaft mbH GUINEA Law and Practice p.175 Contributed by John W Ffooks & Co INDONESIA Law and Practice p.185 Contributed by ABNR Counsellors at Law Contributed by Haller Lomax LLP Trends and Developments p.215 Contributed by Haller Lomax LLP MADAGASCAR Law and Practice p.221 Contributed by John W Ffooks & Co KAZAKHSTAN Law and Practice p.200 MALI Law and Practice p.231 Contributed by John W Ffooks & Co MEXICO Law and Practice p.240 Contributed by Todd Trends and Developments p.258 Contributed by Todd NORTH MACEDONIA Law and Practice p.265 Contributed by JPM Partners North Macedonia Trends and Developments p.276 Contributed by JPM Partners North Macedonia PHILIPPINES Law and Practice p.284 Contributed by Cruz Marcelo & Tenefrancia Trends and Developments p.297 Contributed by Cruz Marcelo & Tenefrancia
ANGOLA Law and Practice p.9 Contributed by VdA
BRAZIL Law and Practice p.22 Contributed by Pinheiro Neto Advogados Trends and Developments p.35 Contributed by Mello Torres
CAMEROON Law and Practice p.41
Contributed by Chazai Wamba Trends and Developments p.56 Contributed by Chazai Wamba
CANADA Law and Practice p.62 Contributed by Cassels Brock & Blackwell LLP CHILE Trends and Developments p.81 Contributed by CoyC Minería y Regulación DOMINICAN REPUBLIC Law and Practice p.87 Contributed by Guzmán Ariza Abogados ECUADOR Law and Practice p.102 Contributed by Flor Bustamante Pizarro & Hurtado Trends and Developments p.117 Contributed by Flor Bustamante Pizarro & Hurtado
FINLAND Law and Practice p.122
Contributed by Castrén & Snellman Trends and Developments p.137 Contributed by Castrén & Snellman GABON Law and Practice p.145 Contributed by Project Lawyers
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Contents
PORTUGAL Law and Practice p.300 Contributed by VdA Trends and Developments p.312 Contributed by VdA RWANDA Law and Practice p.315 Contributed by Liedekerke Great Lakes Trends and Developments p.329 Contributed by Liedekerke Great Lakes SENEGAL Law and Practice p.331 Contributed by John W Ffooks & Co
SWEDEN Law and Practice p.341 Contributed by Wåhlin Advokater AB
ZAMBIA Law and Practice p.353
Contributed by MAY & Company Trends and Developments p.371 Contributed by MAY & Company
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INTRODUCTION
Contributed by: Roberta Bilotti Demange and Marina Bertucci Ferreira, Pinheiro Neto Advogados
Pinheiro Neto Advogados is an independent and full-service Brazilian firm specialised in multidiscipli - nary deals and in translating the Brazilian legal envi - ronment for the benefit of local and foreign clients. Founded in 1942 and with clients in almost 60 coun - tries, the firm has grown organically and developed a distinctive, tight-knit culture, with a low associate- to-partner ratio. Its unique, democratic governance structure promotes transparency and consensus- building among the partners. With a focus on innova -
tion, the firm has kept its competitive edge through - out the years, and is widely hailed as an institution of the Brazilian legal market. In order to maintain its status as a valued strategic partner to its clients, the firm invests heavily in professional development, not only through strong on-the-job training, but also by means of the highly structured Pinheiro Neto Profes - sional Development Programme championed by the firm.
Contributing Editor
Co-Author
Roberta Bilotti Demange is a partner at Pinheiro Neto Advogados. She has an LLB from the Law School of the University of São Paulo and an LLM from the Boston University. She is the Programme Officer of the
Marina Bertucci Ferreira is a senior associate in the mining and government relations practices of Pinheiro Neto Advogados. Marina provides legal advice to national and foreign clients in connection with the
International Bar Association’s Mining Law Committee. Roberta serves clients in different industries on transactional and advisory matters and concentrates her practice on mergers and acquisitions, corporate law and project development, with a focus on the mining, energy and other infrastructure sectors.
mining industry, including regulatory affairs, mergers and acquisitions, and financing. She also advises clients on the development of public policies and their impacts on the business environment. Marina has an LLB from the University Centre of Brasília, a Political Science degree from the University of Brasília, a postgraduate degree in Corporate Law from the Getúlio Vargas Foundation and an LLM in Global Business Law from Columbia University.
Pinheiro Neto Advogados SAFS Quadra 2 Bloco B, Ed. Via Office 3º andar CEP: 70070-600 Brasília – DF Brazil
Tel: +55 (11) 3247 8400 Fax: +55 (11) 3247 8600 Email: rdemange@pn.com.br Web: www.pinheironeto.com.br
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INTRODUCTION Contributed by: Roberta Bilotti Demange and Marina Bertucci Ferreira, Pinheiro Neto Advogados
Challenges for the Mining Industry in the Face of New Demands As the world moves from a place of adjustment to one of consolidation in response to new demands, challenges for the mining industry continue to evolve. Mining companies around the world are seeking new opportunities and trying to adapt. Newcomers remain active, and established players have incorpo - rated higher standards as part of their core strategies, increasingly focused on establishing and enhancing trust with stakeholders, including governments and communities. Recent changes over the past years have fostered the implementation of new technologies to reduce costs, increase production efficiency, and reprocess and extract minerals from tailings and stockpiles. What was once driven by experimentation is now driven by economic viability, as mining companies have adopt - ed innovative, sustainable and more efficient produc - tion methods. From a macroeconomic standpoint, economies and mining companies that have traditionally relied on conventional minerals such as iron ore and gold are observing an ever-increasing appetite of investors for green minerals projects. Traditional base metals play - ers are keen for diversification towards green miner - als, which may be perceived as a reaction to society’s and the market’s call for the adaptation of the mineral industry to ESG principles. Other stakeholders with new technologies such as reprocessing tailings and bio-mining are arriving. New practices are no longer perceived as transitional responses but as permanent features of the sector. The transition of the global energy matrix towards more renewable sources, the rising claims for low- carbon, sustainability goals, supply-chain traceability requirements and new technologies will also require improvements in standards for mining companies. The mining industry plays a major role in the energy transition and this role is now broadly recognised and closely scrutinised, a trend that will persist in the years to come. These trends illustrate very well that the mining indus - try currently faces several questions, in particular
those arising from increased environmental, social and community-related concerns, and the new technolo - gies flourishing in the mineral production chains. The scenario is more challenging than ever for the mineral sector. Consequently, the role of the mining lawyer is likewise more demanding, expanding beyond techni - cal compliance to include strategic, regulatory and risk-management considerations. Legislative and Regulatory Changes Many countries around the world introduce, from time to time, significant legislative or regulatory changes to their mineral, royalty and tax legislation. From an economic viewpoint, commodity and min - eral price changes can affect the mineral sector in many ways. The availability of funds for exploration projects, investment decisions for the development of new operations or the expansion of existing ones, job creation, or new technologies for processing and extracting minerals can all be influenced by the fluc - tuation of commodity and mineral prices in different ways. Over the years, the influence that prices have had in different markets and how they can affect coun - tries and companies is clear to see. Dealing with new technologies, climate concerns, decarbonisation, environmental requirements, com - munity relations, human rights matters, health and safety, and regulatory, tax, financing, social issues and geopolitics, among many other subjects, makes this high-risk, long-term industry a more daring prospect than ever before. Therefore, mining lawyers need to keep on top of the evolutions and features of a fast-changing environ - ment and global order, the better to assist their clients as they navigate through a constantly changing world. Established Mining Law A deep understanding of the more traditional min - ing law matters – such as the different legal systems, sources of law, ownership of mineral resources, role of the state, legal nature of mineral rights, granting of mineral rights and security of tenure, just to name a few – remains a fundamental requirement for lawyers who wish to provide their clients with premium, top- notch services.
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INTRODUCTION Contributed by: Roberta Bilotti Demange and Marina Bertucci Ferreira, Pinheiro Neto Advogados
Additionally, lawyers must be fully updated and in con - trol of the impact of health and safety requirements, taxes, duties, royalties, transfer tax and capital gains around the globe, as these are key factors in success - ful mining investments and operations. New technologies being implemented in mineral pro - duction chains, such as workflow automation, repro - cessing of tailings, bio-mining, and blockchain plat - forms for trading and tracking commercial operations, will demand equivalent legal skills among mining law - yers, as new legal issues may arise from the regulation of such matters by governments and from the dynam - ics of the new reality. A fast-changing world order, with complex geopolitics, also plays a very important role. This demands constant improvement by mining lawyers, who will need to conduct cross-disciplinary analysis and counselling to assess increasingly com - plex mining operations from all angles. Mining Investments and Finance Mining investment and finance legal matters play a dominant role in the work of a mining lawyer. It is crucial for the mineral law practitioner to be fully informed about the legal aspects of investment attrac - tion, special rules on foreign investment approval, and restrictions on foreign investment in the exploration and mining sectors. Multilateral and bilateral treaties that favour and protect investments in exploration and mining, sanctions and restrictions to international trade are also of the utmost importance. Knowledge of the main sources of finance for explora - tion, development and mining in different jurisdictions will certainly be a great advantage for a lawyer in this field, equipping these professionals to work on a vari - ety of transnational deals. The intricacies of domestic and international securities markets in the financing of exploration, development and mining in different parts of the world – as well as the legal features relating to security over mining tene - ments and related assets in the context of exploration, development and mining finance – are essential to a mining lawyer’s performance. In the past years, private investors have signalled a great appetite for green minerals projects aimed at
energy transition, which has heated the markets for financing and M&A. In the years to come, consider - ing the ambitious goals set for decarbonisation and the utmost relevance of certain minerals in this sce - nario, the industry may expect further increases in the capital availability for this type of investment, without prejudice to other minerals that may come into fash - ion, and for new technologies to reprocess tailings and waste to exploit green minerals. Environment, Health and Safety Environmental, health and safety legal matters have been at the top of the list for mining lawyers for some time now. Mining companies are mostly very con - scious of their environmental responsibilities. Most of the significant players have very high standards and are prepared to adopt all necessary measures to deal with the environmental impacts arising from their min - ing operations. Mining industry players in different jurisdictions want clarity of the rules and consistency in the application of these regulations at all stages, including environ - mental permitting and health and safety through - out the course of the operation. In addition to this, stronger, better equipped and resourceful permitting authorities would add to the desired legal security in the mining industry. These elements – clear and stable rules, consistent application of the law and trustworthy permitting authorities – would certainly be beneficial not only for the mining industry, but also the different mining juris - dictions in the world, particularly the less-developed ones. Recent Issues Issues such as health and safety, climate change, decarbonisation, human rights concerns, supply- chain standards, sustainable development policies, environmental protection and community relations, prior and informed consultation of affected people, the ability of countries to exploit their mineral wealth, and new mining and reprocessing technologies have become essential matters that need to be appraised by mining law practitioners.
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INTRODUCTION Contributed by: Roberta Bilotti Demange and Marina Bertucci Ferreira, Pinheiro Neto Advogados
Conclusion The countries included in this guide have vast mineral potential, with swathes of territory still to be properly prospected and explored. Hopes around the globe increasingly focus on institutional stability and pre - dictable legal frameworks capable of supporting long- term investment. Populations, particularly those in less-developed countries, hold high expectations regarding the responsible development of mineral resources and their contribution to economic and social outcomes. Society and investors’ call for a low-carbon and sustainable economy is directly linked with mineral prospection and exploration, which will inevitably intersect with the improvement of standards by min - ing companies to cope with such demand. If the leading mining jurisdictions are able to balance strategic development with legal certainty, effective regulation and responsible governance, there will be great interest from investors in the exploration and mining sectors, which will, in turn, lead to economic and social prosperity. This guide aims to provide a wealth of experience, and the submissions have been prepared by some of the most reputable and experienced law firms in the field of mining law.
These topics have become embedded in regulatory frameworks, financing conditions and operational decision-making, significantly expanding the scope and complexity of mining legal advice. At the same time, the global energy transition has entered a more mature phase, in which the central role of mining is broadly acknowledged but the constraints on expanding supply have become increasingly evi - dent. The growing demand for critical and transition minerals has highlighted structural challenges related to permitting timelines, land access, environmental and social approvals, and regulatory co-ordination. As a result, the pace of mineral supply expansion is shaped not only by market demand but also by the ability of legal and regulatory systems to provide pre - dictability and continuity for long-term projects. In parallel, capital allocation to the mining sector reflects a high degree of selectivity and risk sensitiv - ity. While investor interest in minerals essential to the energy transition remains strong, access to financing continues to depend on demonstrable legal robust - ness, governance structures and effective risk man - agement frameworks. Financing arrangements place sustained emphasis on legal certainty throughout the life cycle of mining projects, reinforcing the central role of legal analysis in assessing bankability and long- term viability. Against this backdrop, the role of legal advisers in the mining sector goes beyond traditional compliance and transactional support. Mining lawyers are increasingly required to navigate the intersection between strate - gic mineral demand, regulatory complexity and capi - tal discipline, contributing to the structuring of legally robust, financeable and resilient projects capable of withstanding long development cycles and regulatory stress across multiple jurisdictions.
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ANGOLA
Democratic Republic of the Congo
Luanda
Angola
Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente VdA
Zambia
Namibia
Contents 1. Mining Law: General Framework p.11 1.1 Main Features of the Mining Industry p.11 1.2 Legal System and Sources of Mining Law p.12 1.3 Ownership of Mineral Resources p.12 1.4 Role of the State in Mining Law and Regulations p.13
1.5 Nature of Mineral Rights p.13 1.6 Granting of Mineral Rights p.13 1.7 Mining: Security of Tenure p.13 2. Impact of Environmental Protection and Community Relations on Mining Projects p.15
2.1 Environmental Protection and Licensing of Mining Projects p.15 2.2 Impact of Environmentally Protected Areas on Mining p.16 2.3 Impact of Community Relations on Mining Projects p.16 2.4 Prior and Informed Consultation on Mining Projects p.16 2.5 Impact of Specially Protected Communities on Mining Projects p.16 2.6 Community Development Agreement for Mining Projects p.16 2.7 ESG Guidelines and Regulations p.16 2.8 Illegal Mining p.17
2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects p.18 3. Climate Change, Energy Transition and Sustainable Development in Mining p.18 3.1 Climate Change Effects p.18 3.2 Climate Change Legislation and Proposals Related to Mining p.18 3.3 Sustainable Development Initiatives Related to Mining p.19 3.4 Energy-Transition Minerals p.19 4. Taxation of Mining and Exploration p.19 4.1 Mining and Exploration Duties, Royalties and Taxes p.19 4.2 Tax Incentives for Mining Investors and Projects p.19 4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects p.20 5. Mining Investment and Finance p.20 5.1 Attracting Investment for Mining p.20 5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors p.20
5.3 International Treaties Related to Exploration and Mining p.20 5.4 Sources of Finance for Exploration, Development and Mining p.21 5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining p.21 5.6 Security Over Mining Tenements and Related Assets p.21 6. Mining: Outlook and Trends p.21 6.1 Two-Year Forecast for the Mining Sector p.21
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
VdA is a leading international law firm with more than 40 years of history. Recognised for its impressive track record and innovative approach in corporate le - gal services, VdA offers robust solutions grounded in its renowned ethical and professional standards. The high quality of the firm’s work is recognised by clients and stakeholders, and is acknowledged by leading
professional associations, legal publications and ac - ademic entities. VdA advises its clients in the devel - opment of their projects across the entire value chain of the mining industry. Through the VdA Legal Part - ners network, clients have access to seven jurisdic - tions, with broad sectoral coverage in all Portuguese- speaking African countries, as well as Timor-Leste.
Authors
João Afonso Fialho joined VdA in 2015. He is a partner and head of practice for oil and gas and natural resources. In the last 25 years, João has been involved in natural resources projects and transactions in
Marizeth Vicente joined VdA in 2024. She is an international adviser in the oil and gas and mining practice.
various jurisdictions, and has advised foreign investors in the negotiation of exploration and mining agreements for all types of minerals, joint venture agreements, legal due diligence, farm-in and farm-out agreements, royalties and streaming agreements, contracts with suppliers, termination and extension of concessions, and relinquishment of areas. João has also advised various State entities and international mining companies in the drafting and discussion of legal statutes and ancillary regulations.
VdA Rua Dom Luís I 28 1200-151 Lisboa Portugal Tel: +351 21 311 3400 Email: vieiradealmeida@vda.pt Web: www.vda.pt/en
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry Angola is one of the most mineral resource-rich coun - tries in the world, with substantial deposits of diver - sified minerals, including diamonds, gold, iron ore, phosphates, copper, manganese and rare earths. Nonetheless, a very significant part of the country’s mineral deposits remains unexplored, creating great opportunities for further investment. The in-depth legislative reform promoted by the gov - ernment in 2018–20 to attract investment in the indus - try to the benefit of investors, the State and the Angolan population has already shown signs of return by attract - ing major mining companies to reinvest in Angola. Angola is now the largest diamond producer in Africa, following more than two decades of Botswana’s domi - nance in the sector. According to data from the Kimberley Process, Bot - swana’s diamond production in 2024 declined signifi - cantly. The revenue generated amounted to USD1.3 billion, falling below the USD1.4 billion achieved by Angola, which maintained stable production levels throughout 2024, enabling it to surpass its rival. Although the difference is marginal, it was sufficient to change the historical leadership and to reinforce Angola’s role as a key player in the global diamond industry. In the first half of 2025, 6.8 million carats of rough diamonds were produced by Endiama and its affili - ates, with particular emphasis on Sociedade Mineira do Catoca, which exceeded its target by more than 40%, and Sociedade Mineira do Luele, which record - ed a 35% growth compared to the same period of the previous year, albeit slightly below its annual plan. Catoca and Luele accounted for 91% of national pro - duction during the semester, evidencing the opera - tional stability of the main active units. Between Janu - ary and September 2025, Angola accumulated 10.7 million carats, reaching 72.3% of the annual target of 14.8 million carats set under the National Devel -
opment Plan (NDP). The outlook was to surpass this target by year-end of 2025. During the same period, approximately USD216 mil - lion was invested in the sector, with particular focus on the Luele project, currently in its “run-up” phase, con - solidating the government’s commitment to a modern, sustainable mining sector that generates economic and social value. At the international level, the market faces disruptions caused by the growing production of synthetic dia - monds, which have negatively influenced prices and demand for natural diamonds. Reduced consump - tion in the United States, high inventories of polished stones, and increased tariffs on Indian jewellery have affected major cutting centres – such as India, which is currently operating at only 60% of its capacity. Despite this scenario, Angola exported 8.18 million carats of rough diamonds between January and Sep - tember 2025, valued at USD790.43 million, with an average price of USD96.7 per carat. The United Arab Emirates, Belgium and Hong Kong absorbed more than 90% of national exports. Compared to the first half of 2024, the exported volume grew by 108.9%, although the value recorded a 14% decrease. Nevertheless, the projections for the end of 2025 were encouraging for Angola, and it is estimated that global production of rough diamonds will remain below 100 million carats, interrupting the growth trend of the last decade – this scenario is advantageous for countries such as Angola, which stands out for its supply of gem-quality diamonds. Diamonds currently account for 15%–20% of Ango - la’s total export earnings, reinforcing their role in eco - nomic diversification. The largest Angolan diamond found in the last 300 years – a pink diamond of 170 carats – was discov - ered in 2022 in an alluvial diamond project and named Rosa do Lulo . This exceptional stone remains an iconic symbol of Angola’s prominence in the global diamond market.
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
Although most investment has been directed to dia - monds, investors have also been showing interest in other minerals, such as gold, copper and rare earth minerals. The government is also determined to promote local beneficiation. The launch of the Saurimo Diamond Development Pole set the cornerstone for this ven - ture. With an initial investment of around USD77 mil - lion, the pole covers an area of more than 300,000 metres in the eastern province of Lunda Sul, and includes diamond-cutting facilities as well as training centres and shopping facilities. 1.2 Legal System and Sources of Mining Law Angola has a civil law legal system. The Mining Code, approved by means of Law 31/11 of 23 September 2011, contains most of the rules gov - erning the mining industry and mineral operations, from exploration to processing and marketing of all types of minerals. In addition to the Mining Code, other legal statutes govern the mining sector – notably, the following: • Law No 8/24 of July 3rd, the Law to Combat Illegal Mining Activity; • Presidential Decree No 51/24 of February 6th, which approves the Regulation on the Exercise of Activities for the Exploration of Mineral Resources, Oil and Gas in Conservation Areas; • Presidential Order No 39/24 of January 26th, which creates the National Observatory to Combat Illegal Immigration, Exploitation and Illicit Trafficking of Strategic Mineral Resources; • Angolan National Bank Order No 2/23 of February 9th, which approves the foreign exchange regime applicable to the mining sector; • Joint Executive Decree 536/22 of October 25th, which approves the fees and charges applicable to the mining sector; • Presidential Decree 161/20 of June 5th (as amend - ed by Presidential Decree 6/22 of January 12th), which establishes the National Agency for Mineral Resources;
• Presidential Decree 143/20 of May 26th, which approves the Governance Model for the Mining Sector; • Presidential Decree 85/19 of March 21st (as amended by Rectification 18/19 of June 28th), which approves the regulations for semi-industrial mining of diamonds; • Presidential Decree 35/19 of January 31st (as amended by Rectification 11/19 of 8 May 2019), which approves the technical regulations for the marketing of rough diamonds; • Presidential Decree 175/18 of July 27th, which approves the new diamonds marketing policy; • Executive Decree 346/17 of July 14th, which sets forth the criteria for delimitation of concession areas for exploitation of construction materials; • Joint Executive Decree 316/17 of June 27th, which approves the list of equipment (for use in explora - tion and mining activities) exempted from customs duties and fees; • Presidential Decree 231/16 of December 8th, which classifies rare metals and rare earth elements as strategic minerals; • Presidential Decree 158/16 of August 10th, which sets forth administrative offences and relevant penalties; and • Order 255/14 of January 28th, of the Ministry of Geology and Mines, on monitoring of posting of bonds and payments of surface fees and royalties under the Mining Code. 1.3 Ownership of Mineral Resources Under the Angolan Constitution, natural resources are the property of the State. The rules for awarding and exercise of mineral rights are mainly governed under the Mining Code (approved by the Angolan National Assembly), which emphasises that all the mineral resources found in the soil, subsoil, territorial sea, continental shelf, exclusive economic zone and other areas of the territorial or maritime domain under the jurisdiction of the Republic of Angola are originally owned by the State. Minerals and mining products mined and extracted in accordance with the rules of the Mining Code and ancillary legislation become the property of the hold - ers of the relevant exploration and mining titles.
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
1.4 Role of the State in Mining Law and Regulations The State is the original owner of mineral resources found in the Angolan territory. Nonetheless, all mineral projects are developed by private entities or individu - als under a mineral investment contract and/or licence. The State has the right to participate in mineral pro - jects through: • a State-owned company with a participating inter - est of at least 10% in the company to be incorpo - rated for the mining phase; and/or • a participation in kind (minerals produced) in pro - portions to be defined throughout the production cycles, with the State’s participation increasing in line with the increase in the Internal Rate of Return (IRR). 1.5 Nature of Mineral Rights Mineral rights are awarded by the State to private enti - ties or individuals by means of a mineral investment contract and/or licence, depending on the industrial/ semi-industrial/artisanal nature of the operations and the type of minerals to be explored. In most cases, a mineral investment contract must be entered into between the State and the investor to define the terms and conditions for awarding and exercise of mineral rights. Mineral rights are autonomous and shall be treated as legally separate from other rights, including the right of ownership of the soil where they are exercised and of the assets existing thereat, and may only be pledged to secure credits contracted by the relevant holder of mineral rights to finance the geological-mineral activi - Mineral rights can be awarded following a public ten - der procedure launched by the ministry responsible for the mining sector or voluntary application. The rel - evant awarding entity will be determined based on the type of mineral and the industrial, semi-industrial or artisanal nature of the mineral operations (Head of the Executive Branch or Minister of Mineral Resources, Petroleum and Gas). ties covered by the concession title. 1.6 Granting of Mineral Rights
Public tender is mandatory when, in light of studies conducted or approved by the body responsible for geology, the area is considered to be of great geologi - cal potential. It is also mandatory for the awarding of mineral rights for strategic minerals. Minerals are clas - sified as “strategic” if warranted by their economic importance, use for strategic purposes, or specific technical mining aspects. The following are deemed as fundamental factors to be weighted by the Execu - tive Branch when classifying a mineral as strategic: • the mineral’s rarity; • relevant impact on economic growth; • high demand on the international market; • significant job creation; • importance for state-of-the-art technology; • positive influence on the balance of payments; or • importance to the military industry. Diamonds, gold and radioactive minerals are express - ly defined as strategic minerals in the Mining Code; rare metals and rare earth elements were also defined as strategic minerals in Presidential Decree 231/16 of 8 December 2016. If no public tender is required, mineral rights shall be awarded on a “first come, first served” basis, provided the applicant has the technical and financial quali - fications required to carry out the mineral activities applied for and commits to observe the environmental requirements established by law. The awarding of mineral rights at an industrial scale is subject to the negotiation of a mineral investment con - tract to be negotiated between the National Agency for Mineral Resources and the investor on a case- by-case basis, with detailed operational, economic and fiscal terms and conditions (from exploration to mining and marketing). Semi-industrial and artisanal projects are awarded by means of simplified applica - tion procedures. The awarding of mineral rights must be published in the Angolan Official Gazette. 1.7 Mining: Security of Tenure Investor Rights Pursuant to the Mining Code, holders of mineral rights have the following statutory rights (among others):
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
• to obtain the geological-mineral information avail - able on the concession area, or to consult such information; • to obtain the collaboration of the administrative authorities for the execution of field work and for the creation of rights of way, under the terms of the law; • to use surface and underground waters in the vicinity of the concession area, which are not exploited or covered by any other specific mining title, without prejudice to the rights of third par - ties and in compliance at all times with the mineral legislation; • to build and set up the infrastructures and facili - ties needed for execution of the geological-mineral activities; • to use, under the conditions imposed by the appli - cable laws and regulations, the land demarcated for the installation of mineral facilities, buildings and equipment; • to alter, in accordance with the work plans and pro - grammes approved and to the extent required for the carrying out of mineral operations, the natural lie of the areas covered by the concession; • to carry out the geological-mineral activities neces - sary for execution of the approved work plans, without limitations other than those deriving from the legal rules, the concession contract or the order of the body responsible for the mining sector; • to extract, transport and dress the mineral resourc - es covered by the contract, under the law; • to dispose of the mineral resources extracted and to market them, under the terms of the law; • to recover from the mining proceeds the invest - ment expenses incurred during the reconnais - sance, exploration, evaluation and appraisal stage; and • to receive compensation for such losses as may result from any actions limiting the exercise of mineral rights, under the terms of the law or the concession contract. Rights to Progress From Exploration to Mining The Mining Code enshrines a single-contract regime pursuant to which mineral rights are awarded for all stages of the operations. However, to progress from the exploration to the mining stage, holders of mineral rights are required to prepare and submit a technical,
economic and financial feasibility study for review and approval by the State. Mineral Rights’ Duration Exploration, evaluation and reconnaissance rights may be awarded for an initial period of up to five years, extendable for successive one-year periods up to a maximum seven years. If the seven-year period proves insufficient to prepare or complete the feasibility study, the holder of the mineral rights may apply for and be granted an exceptional one-year extension. Mining and marketing rights are awarded for a period of up to 35 years (including the exploration and appraisal stage), extendable by one or more ten-year periods. Different rules apply to semi-industrial and artisanal mining and to the exploration and mining of construc - tion materials and mineral waters. Suspension and Termination of Mineral Rights Mineral rights can be suspended by order of the min - istry responsible for the mining sector in the event of: • serious risk to the life and health of the population, to the safety of the mines, to healthy conditions in the workplace or to the environment, wildlife and flora; or • as a penalty provided for in the Mining Code or ancillary legislation. Termination of mineral rights can occur upon: • agreement between the State and the investor; • expiry of the relevant term; • redemption or termination of the mineral invest - ment contract; or • revocation of exploration/mining titles. In addition to the other termination events that may be established in the mineral investment contracts (where applicable), mineral investment contracts or explora - tion/mining titles may be terminated in the following instances: • where a termination or withdrawal is triggered under specific contractual clauses; • where the project becomes technically or economi - cally unviable;
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects The main requirements for environmental protec - tion can be found in the Mining Code and are usu - ally detailed under the mineral investment contract, including provisions on environmental impact, preser - vation, recovery and rehabilitation. In addition to the Mining Code, holders of mineral rights must comply with the general environmental statutes, including: • the General Environmental Law; • the General Regulations for Environmental Impact Assessment and Environmental Licensing Proce - dure; • the Decree on Environmental Audits; • the plans for the use of water; • the waste management plan and control of hazard - ous substances; and • national and regional sector strategy and pro - grammes in the fields of environment and sus - tainable development, as well as international instruments to which Angola has committed (for example, the Rio Convention on Biodiversity 1992, the Montreal Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2003, Agen - da 21 and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal 1989). Projects which, by their nature, scale or location, affect the environmental and social balance and har - mony must be subject to an environmental impact assessment (EIA). Holders of mineral rights are especially required to: • comply with the obligations deriving from the environmental impact study and the environmen - tal management plan, on the terms established therein; • take the measures necessary to reduce the forma - tion and propagation of dust, waste and radiation in mining areas and surrounding areas to prevent
• a breach of legal obligations, contractual obliga - tions or obligations arising from the concession title; • the abandonment, suspension or reduction of the mineral operations, except as provided for in the Mining Code, the title or the contracts; • the suspension of mineral operations owing to force majeure events, as defined in the contract or concession title; • where the concession holder is convicted of a crime of aggravated contempt because it failed to perform acts provided for in the Mining Code or ordered by the relevant authority; • the reconnaissance, exploration, evaluation and appraisal or mining of mineral resources not included in the contract or concession title; and • where the performance of the contractual obliga - Assignment of rights is subject to government approv - al and shall only be conceded if the assignee satisfies the technical and financial qualification requirements established by the government for awarding of mineral rights. Dispute Resolution The Mining Code is silent on the proper venue to resolve disputes, leaving it up to the dispute resolution clauses of mineral investment contracts. Contract - ing parties tend to include arbitration clauses in their agreements; however, disputes arising from the termi - nation of the concession contract or withdrawal of the concession title, overlapping areas, or compensations due to landowners or possessors by the holders of mineral rights must be resolved by national courts, and disputes on the significance or insignificance of minerals extracted during the reconnaissance, explo - ration, evaluation and appraisal stage for the purpose of assessment of the relevant tax should be settled by the ministry responsible for the mining sector. tions is not possible. Assignment of Rights
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
or eliminate the contamination of waters and soil, using appropriate means to that end; • not reduce or in any other way prejudice the nor - mal water supply to populations; • carry out mineral operations so as to minimise damage to the soil; • reduce the impact of noise and vibrations to acceptable levels as determined by the relevant authorities, when using explosives in the vicinity of settlements; • not discharge in the sea, water currents and lagoons contaminant waste that is harmful to human health, wildlife and flora; and • inform the authorities of any occurrence that has caused or may cause environmental damage. 2.2 Impact of Environmentally Protected Areas on Mining The government may exclude or restrict the carrying out of geological-mineral activities within certain areas to ensure the harmonious development of the national economy and to protect national security, wildlife, flo - ra and the environment. To date, the government has not made use of such prerogative. 2.3 Impact of Community Relations on Mining Projects The Mining Code expressly sets forth that mining policies must always consider the traditions of local communities and contribute to their sustainable eco - nomic and social development. Expressions of such principle of protection of local communities are found in several provisions of the Mining Code, including: • holders of mineral rights having a duty to always take into account the traditions of the communities in the areas where mineral activities are carried out; • creating consultation procedures, allowing the local communities affected by mineral projects to take an active part in decisions relating to protection of their rights; • having the right of relocation whenever the com - munities lose their houses as a result of mineral activities; and • ensuring the employment and training of Angolan technicians and workers, with preference being given to those residing in the areas of the mineral concession.
There are also protective local content provisions in the Mining Code aimed at protecting local entrepre - neurs and promoting local businesses, benefiting from a statutory preferential right in procurement proce - dures for the provision of goods and services to the mining industry. 2.4 Prior and Informed Consultation on Mining Projects Local communities must be consulted during the preparation of the EIA and before any decision is tak - en that may affect their living conditions or rights. This consultation is mandatory for projects that can poten - tially destroy or damage assets or cultural or historical heritage belonging to the local community. Holders of mineral rights must relocate, at their expense, any local community that is displaced as a result of mining operations, and all traditions and practices of local communities must be considered in the resettlement process. Without prejudice to the above, in planning the mineral activities, the Executive Branch shall provide for effec - tive measures for sustainable economic development and protection of the lawful rights and interests of the local communities, as well as for the development of national human resources. There are no specially protected communities with respect to mining projects under Angolan law. The local content rules found in the Mining Code are aimed at protecting local communities at large, and shall apply to all Angolan nationals, entities or populations residing in the concession area (as applicable). 2.6 Community Development Agreement for Mining Projects Community development agreements for mining pro - jects are not mandatory by law nor are they a common practice in Angola. 2.7 ESG Guidelines and Regulations ESG guidelines and regulations are scattered in differ - ent provisions of the Mining Code, ancillary industry- specific legislation, and general laws and regulations. ESG provisions can also be found in mineral invest - 2.5 Impact of Specially Protected Communities on Mining Projects
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ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA
Reaction of the Government and Mining Companies Enforcement and legislation
ment contracts, which usually include guidelines and principles on environment protection/preservation, human resources and business ethics. ESG concerns are made clear by the requirements for holders of mineral rights to: • conduct mineral activities under strict environment regulations; • comply with the applicable local content policies on recruitment and training of Angolan nationals; • procure local goods and services; • ensure the involvement of local communities; • abide by local laws and regulations; • combat corruption; and • adopt the best business ethics practices. 2.8 Illegal Mining In Angola, illegal mining is a significant issue that has a considerable impact on legal industrial mineral pro - duction. Unregulated and clandestine mining practic - es not only harm the environment but also destabilise the economy and undermine the efforts of companies that operate according to established regulations. Illegal mining often involves uncontrolled extraction practices that lead to severe environmental degrada - tion, including deforestation, water pollution and habi - tat destruction. These activities seriously compromise the sustainability of natural resources and have long- lasting adverse effects. Unfair competition Illegal mining operations typically do not pay taxes or comply with safety and environmental regulations, allowing them to sell minerals at significantly lower prices. This creates unfair competition for legally established companies that adhere to all regulatory standards. Safety risks Illegal mining frequently involves hazardous working conditions and labour exploitation, including child labour, and may be associated with organised criminal networks, putting worker safety and health at consid - erable risk. Disruption Caused by Illegal Mining Economic and environmental impact
The Angolan government has strengthened enforce - ment and the application of rigorous laws, such as Law No 8/24 of July 3rd. This law establishes severe penalties for illegal mining activities, including the fol - lowing. • Prison sentences – penalties range from two to eight years’ imprisonment, depending on the severity of the crime. • Fines – these are established based on fractions of the value specified in Article 111, paragraph 2 of the Mining Code (for example, fines of one sixth, one third or one tenth of the specified value, depending on the specific infraction). • Increased penalties – in specific cases, penalties are increased by one third of the minimum limit for crimes: (a) involving public authorities; (b) impacting State projects; (c) using violence; (d) involving child labour; (e) involving association with criminal organisa - tions; (f) involving fraud; (g) obstructing authorities; (h) causing significant environmental damage; or (i) involving activities in protected areas. Partnerships and collaborative actions Legally operating mining companies often collaborate with government authorities and regulatory bodies to combat illegal mining. These partnerships may include the use of monitoring technologies and reporting of suspicious activities. Corporate social responsibility programmes Many mining companies have invested in corporate social responsibility programmes to educate local communities about the negative impacts of illegal mining, offering sustainable economic alternatives and promoting good environmental practices. Public awareness campaigns Public awareness campaigns are conducted to high - light the dangers and adverse impacts of illegal min -
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