GUINEA Law and Practice Contributed by: Sarah Razafindrafito and Tiavina Rakotonaivo, John W Ffooks & Co
perimeter, and without any depth limitation, all mining operations on deposits ( gisements ) of the mineral sub - stances for which the concession is granted. A mining concession is granted by way of decree to a Guinean company and to a holder of an exploration permit who has met its prescribed obligations under the Mining Code. The application for a mining concession must be made at least three months prior to the expiration of the validity period of the exploration permit under An exploration permit is granted by way of order of the Ministry of Mines and Geology, on the recommenda - tion of the Mining Promotion and Development Centre and after receiving the approval of the Technical Com - mittee of Titles. With regard to the exploitation permit, it is granted by way of decree issued during a convention of the Council of Ministers, on the recommendation of the Ministry of Mines and following approval by the National Mining Commission. which the application is being made. 1.6 Granting of Mineral Rights Mining concessions are granted by way of decree issued during a convention of the Council of Minis - ters, on the recommendation of the Ministry of Mines and following approval by the National Mining Com - mission. 1.7 Mining: Security of Tenure With respect to exploration permits, an industrial exploration permit can only be granted for an initial period of three years, and a semi-industrial explora - tion permit can only be granted for an initial period of two years. The term of an industrial exploration permit may be renewed twice, for a maximum period of two years each time, while the term of a semi-industrial exploration permit may be renewed only once for a maximum period of one year. It is worth noting that an exploration permit confers on its holder a movable property right that is undivided, not assignable and may not be pledged or mortgaged. As regards exploitation permits, an industrial exploi - tation permit is granted for a maximum period of 15 years, and a semi-industrial exploitation permit is granted for a maximum period of five years. The term
of an industrial or semi-industrial exploitation permit is renewable several times, each time for a period lasting no more than five years. It is also worth noting that an exploitation permit creates a divisible and assignable movable right in favour of its holder. This right may be pledged in order to secure loans for operations. In general, the granting of an industrial or semi-indus - trial exploitation permit will result in the cancellation of the exploration permit within the perimeter of the exploitation permit. However, exploration in relation to the mining operations may continue. Should a mineral substance other than the one for which the exploita - tion permit has been granted be discovered in the course of that exploration, the holder of the exploita - tion permit shall have a pre-emptive right in respect of the exploitation of such mineral substance. This right must be exercised within a maximum period of 18 months from the date of notification of the discovery to the state. Mining concessions are granted for a maximum peri - od of 25 years and may be renewed once or several times, each time for a maximum period of ten years. It is worth noting that a concession is a divisible proper - ty right that can be assigned and mortgaged to secure loans for operations. 2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects Law No L/2019/0034/AN, enacting the Environmental Code as well as its implementing regulations, consti - tutes the legal framework governing the environment in the Republic of Guinea. The Guinean Environmental Code aims to establish the fundamental principles for promoting sustainable development, managing and protecting the environment and natural capital against all forms of degradation. The Mining Code provides that any mining activity undertaken must comply with the legislation govern - ing environmental protection. In particular, any appli - cation for an authorisation or a mining exploitation
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