RWANDA Law and Practice Contributed by: Aimery de Schoutheete and Penina Ngabire, Liedekerke Great Lakes
In the case of discovery of minerals or quarry depos - its, the landowner or lawful occupier is fairly compen - sated in accordance with the Expropriation Law and such land is then registered on the State. 1.4 Role of the State in Mining Law and Regulations Role of the State The State, through the RMB, serves as the grantor- regulator of mining activity. The RMB grants rights to explore, mine, process, trade and export minerals based on licence fees (payable on application, main - tenance and renewal of a licence) and upon fulfilment of the requirements provided for in the 2024 Mining Law. The RMB also regulates the mining sector by issu - ing regulations governing mineral, quarry, oil and gas resources, and ensuring compliance by licence hold - ers with the provisions of the laws, regulations, guide - lines and standards governing the mining industry. No Mandatory Government Participation There is no mandatory government joint venture, contracting or participation. However, the 2024 Min - ing Law provides that the government may acquire shares in mining or quarry operations on such terms as agreed upon between the LH and the government. In practice, there are only a few examples of govern - ment participation in the mining sector. Two examples are LuNa Smelter Ltd, a joint venture (JV) between Polish Luma Holding (75%) and the Rwandan state- owned Ngali Holdings (25%), which operates a smelter in Kigali and exploration licences in the east of Rwanda, and Nyabarongo Mining and Exploration Limited, a joint Venture (JV) between Rio Tinto (75%) and the government of Rwanda (25%). 1.5 Nature of Mineral Rights Nature of Mineral Rights Mineral rights have a constitutional basis in so far as the Rwandan Constitution provides that private ownership of land and other rights related to land are granted by the state. The exercise of power to grant mineral rights is regu - lated by the 2024 Mining Law and the various regula -
tions that complement it. In practice, mineral rights derive from an action, that is, the issuance of an ML or a QL by the RMB to an LH. Status of Mineral Rights Mineral rights have the status of property and, as a matter of principle, the mineral rights granted to the LH are exclusive. Hence, the RMB will not grant an ML in respect of an area covered by another ML of similar type. However, the RMB may, “for the purpose of national interests”, authorise another person to carry out operations in an area already covered by a licence if it is for the exploration of other types of minerals. A LH can transfer its ML subject to several conditions, including obtaining the prior authorisation of the RMB. 1.6 Granting of Mineral Rights The RMB is the national authority granting mineral rights in Rwanda. Demarcation of Potential Mining Areas The RMB demarcates potential mining areas which could be economically viable. It publishes a list on the RMB website with more information on the potential mining areas and their licensing situation. Granting of Mineral Rights An ML is usually obtained through written applica - tion to the RMB through the One Stop Centre (OSC), although it can sometimes be achieved through open tender. The ML is granted by the RMB after taking into consideration the recommendation issued by the committee in charge of applications. In practice, min - eral rights derive from an action, that is, the issuance of an ML by the RMB. Types of MLs There are four types of MLs: • the exploration licence; • the (small, medium, or large-scale) mining licence; • the mineral processing licence; and • the mineral trading licence. Each type of ML confers rights and duties to the LH.
318 CHAMBERS.COM
Powered by FlippingBook