CAMEROON Law and Practice Contributed by: Aurélie Chazai, Paul Ariel Kombou, Vanina Fonga and Dylan Dave Tchouankeu, Chazai Wamba
• Decree No 2024/05249/PM of 19 November 2024 specifies certain obligations attached to the exer - cise of mining and quarrying rights; • Decree No 2024/05248/PM of 19 November 2024 defines the conditions and procedures for estab - lishing protection and exclusion areas where land or mineral substances are protected or excluded from mining. It also addresses how operators are compensated if mining rights are restricted; • Decree No 2024/05252/PM of 19 November 2024 (the “Decree No 5252”) sets out procedures for the exploitation of spring water, mineral water, thermal mineral water and geothermal resources; and • Decree No 2024/05253/PM of 19 November 2024 (the “Decree 5253”) specifies the conditions for the exploitation of quarry substances. These rules are intended not only to regulate techni - cal operations but also to provide clarity and legal certainty for investors. They aim to balance resource development with environmental protection and com - munity interests, ensuring that mining activities are conducted responsibly and sustainably. 1.3 Ownership of Mineral Resources In Cameroon, mineral resources are the property of the State, not the private landowner. While private ownership of land extends to the surface and the sub - soil under Article 552 of the Cameroonian Civil Code, this right is limited by laws and regulations governing mining. Landowners may carry out constructions or excavations on their property and may exploit cer - tain products from the soil, but the extraction and commercial exploitation of mineral substances are reserved for the State. The Mining Code (Article 4) clarifies this principle. It provides that all mineral substances contained in the soil and subsoil of Cameroon, like those in its ter- ritorial waters and continental shelf, belong to the State, which exercises sovereign rights over them. Any exploitation of these minerals requires compli - ance with the Mining Code and the relevant regula - tions, including obtaining the necessary permits and licences from the authorities. In practice, this means that a private landowner can - not claim ownership of mineral resources beneath
their land, and any mining activities are subject to State control and authorisation. 1.4 Role of the State in Mining Law and Regulations In Cameroon, the State plays a hybrid role in the min - ing sector, acting as owner and regulator, rather than as a systematic mining operator. Mineral resources are vested in the State, which exercises sovereign rights over them and is responsible for granting mining titles, regulating mining activities, and supervising compli - ance with applicable laws and regulations. Mining operations are generally carried out by pri - vate operators holding mining titles granted by the State. The State does not act as an owner-operator by default, and direct involvement in mining operations occurs only on an exceptional basis, through a duly mandated public entity, namely the National Mining Corporation (SONAMINES). The State’s involvement in mining extends beyond its regulatory and licensing functions. All small-scale and industrial mining companies must grant the State a minimum 10% equity stake at no cost. This manda - tory stake is non-dilutable and compensates the State for its ownership of the nation’s mineral resources. With mutual consent and for consideration, the State may acquire additional equity beyond the 10% mini - In Cameroon, mineral rights are grounded in the Con - stitution (Article 26), which affirms the State’s sover - eignty over natural resources. However, it is the Mining Code and its implementing regulations that provide the detailed legal framework governing mineral sub - stances, including their classification, administration and exploitation. Legal or Contractual Basis Mineral rights in Cameroon derive primarily from law, not contract. Although certain projects may also be governed by specific mining conventions, these oper - ate within the framework set by the Mining Code and do not replace it. mum, up to the limits set by law. 1.5 Nature of Mineral Rights Constitutional Basis for Mineral Rights
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