MADAGASCAR Law and Practice Contributed by: Mialy Solofohery and Tiavina Rakotonaivo, John W Ffooks & Co
1.6 Granting of Mineral Rights The granting authorities in Madagascar are national authorities: the Ministry of Mines and the BCMM. The BCMM is represented all over the jurisdiction by its 12 offices, which are in Antananarivo, Antsiranana, Sam - bava, Mahajanga, Maevatanana, Ambatondrazaka, Toamasina, Antsirabe, Fianarantsoa, Manakara, Toli - ara and Taolagnaro. There are no overlaps of jurisdiction between the two authorities. The Ministry of Mines represents the gov - ernment in administrative and governance matters, while the BCMM regulates all matters regarding min - ing licences and activities. Mineral rights are granted through a mining licence under an order of the Ministry of Mines, delivered via the BCMM. 1.7 Mining: Security of Tenure The guarantee of security of tenure in Madagascar’s mining sector is based on the principle that any mining licence or mineral rights not formally recognised and registered by the BCMM cannot be enforced. Any mining licence holder is entitled to request a sta - bility guarantee from the Ministry of Mines. The length of a mining licence can vary from one to 25 years according to the category of activity (ie, the min - ing licence/authorisation). The terms of renewal also depend on the type of mining licence but are always reduced compared to the term and land area of the initial mining licence. The holder of an exploration licence is entitled, at any time, to transform it into a mining licence. The holder of a mining licence is entitled to cancel, at any time, part or all the land object of his or her mining licence. Mining licences are modifiable and transferable, with any change related to said licence being registered with the BCMM.
With that said, the Ministry of Mines, as a representa - tive of the state, along with other relevant ministries, such as the Ministry of Environment, solve any con - flicts. Such conflicts may concern, for instance: • incompatibility regarding protected areas with respect to Chapter VIII, Articles 126 to 149 of Law No 2023-007, dated 27 July 2024, revising the Min - ing Code; and • disagreement with landowners regarding already- owned or -occupied lands, pursuant to the provi - sion of Licence VII, Article 298 and following Law No 2023-007, dated 27 July 2024, revising the Mining Code. 1.4 Role of the State in Mining Law and Regulations In Madagascar, the state plays dual roles in the mining sector, as follows: • grantor-regulator – the state, represented by enti - ties such as Bureau du Cadastre Minier de Mada- gascar (BCMM – the mining registry) and the Minis - try of Mines, oversees mining activities by granting mining rights, enforcing regulations and ensuring compliance; and • owner-operator – the state may directly engage in mining operations through contracts with private companies, typically via specialised government bodies or state-owned companies. There is no mandatory national or government joint venture, contracting or participation in mining activi - ties in Madagascar. 1.5 Nature of Mineral Rights Mineral rights do not have any constitutional basis in Madagascar. They derive from the mining laws, gov - ernment authorisation (ie, mining permits) or conven - tions with landowners (if any). Mineral rights have the status as property in the form of a mining licence. The transmission of, or any action relating to, a mining licence is regulated by Law No 2023-007, dated 27 July 2024, revising the Mining Code. Sales of strategic mining substances extracted from the land are also governed by the previous key provision.
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