Mining 2026

MADAGASCAR Law and Practice Contributed by: Mialy Solofohery and Tiavina Rakotonaivo, John W Ffooks & Co

1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The major features of the mining industry in Madagas - car are as follows. • Ownership and licensing – mining rights and licences are regulated to ensure transparency and equitable access. These include exploration licences, mining permits and small-scale mining permits. Licences are granted following a competi - tive process to enhance fairness and investment opportunities. • Environmental and social obligations – mining projects are required to prepare and implement environmental and social impact assessments. • Operators must contribute to local community development and respect the rights of affected populations. • Royalties and taxes – mining operators are subject to the specific royalties and tax rates detailed in the Mining Code to ensure that state and local com - munities benefit from mining activities. A portion of the royalties is allocated to local development funds. • Foreign investment and partnerships – the Mining Code promotes foreign investment but includes provisions to ensure collaboration with local enti - ties. This includes requirements for local input in procurement and employment. • Sustainability and transparency – Madagascar adheres to the Extractive Industries Transparency Initiative (EITI), ensuring all mining-related financial transactions are transparent. • Operators are either small groups or individuals using artisanal methods or mining companies. • The main mining activities are gold mining and quarrying fossils and rare deposits. 1.2 Legal System and Sources of Mining Law The legal system in Madagascar is civil law. The main sources of mining legislation in Madagascar are as follows. • Law No 2023-007, dated 27 July 2024 and revis - ing the Mining Code, which determines the main rules for mining activities, the regulations for mining licences and the obligations and rights of licence

holders and other relevant parties that might be engaged in mining activities. • Law No 2023-002, dated 27 July 2023, relating to investment in Madagascar. • Law No 2015-005, dated 26 February 2015, recast - ing the Protected Areas Management Code. • Law No 2005-022, dated 2 August 2005, amend - ing certain provisions of Law No 2001-031, dated 8 October 2002, establishing a special regime for major investments in the Malagasy mining sector (the Law on Large Mining Investments (LGIM)) – the LGIM is currently being reformed to align with the revised Mining Code. • Law No 2001-031, dated 8 October 2002, estab - lishing a special regime for major investments in the Malagasy mining sector (LGIM). • Decree No 2025-778 of 15 July 2025 setting out the terms and conditions for the implementation of Law No 2015-005, dated 26 February 2015, recast - ing the Protected Areas Management Code. • Decree No 2025-080 dated 28 January 2025 establishing the rules and procedures for Environ - mental and Social Assessment for the Compatibil - ity of Investments with the Environment or MECIE (the Decree on the Compatibility of Investments with the Environment (the MECIE Decree)). • Decree No 2024-1464, dated 23 July 2024, relating to mining, fossils and quarrying permit regulations – implements the new mining code and provides details regarding permit/licence regulations. • Decree No 2017-415, dated 30 May 2017, setting the terms and conditions for the application of Law No 2015-005 of 26 February 2015, overhauling the Protected Areas Management Code. • Decree No 97-740, dated 23 June 1997, relating to mining permits for the exploration, exploitation and transportation of hydrocarbons. • Interministerial Order No 12032/2000 relating to environmental protection regulations in the mining sector – governs rules and requirements in order to balance mining activities with the impact on the environment. 1.3 Ownership of Mineral Resources Mineral resources are the property of the nation (Arti - cle 5, Law No 2023-007, dated 27 July 2024, revising the Mining Code).

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