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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