Mining 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

CHAMBERS GLOBAL PRACTICE GUIDES

Mining 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

Contributing Editor Carlos Vilhena Pinheiro Neto Advogados

Global Practice Guides

Mining

Contributing Editor Carlos Vilhena Pinheiro Neto Advogados

2025

Chambers Global Practice Guides For more than 20 years, Chambers Global Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Global Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted. GPG Director Katie Burrington Content Management Director Claire Oxborrow Content Manager Jonathan Mendelowitz Senior Content Reviewer Sally McGonigal, Ethne Withers Content Reviewers Vivienne Button, Lawrence Garrett, Sean Marshall, Marianne Page, Heather Palomino, Deborah Sinclair, Stephen Dinkeldein and Adrian Ciechacki Content Coordination Manager Nancy Laidler Senior Content Coordinator Carla Cagnina Content Coordinators Delicia Tasinda and Hannah Leinmüller Head of Production Jasper John Production Coordinator Genevieve Sibayan

Published by Chambers and Partners 165 Fleet Street London EC4A 2AE Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambers.com

Contents

INTRODUCTION Contributed by Carlos Vilhena, Pinheiro Neto Advogados p.5

FINLAND Law and Practice p.180

Contributed by HPP Attorneys Ltd Trends and Developments p.201 Contributed by HPP Attorneys Ltd GUINEA Law and Practice p.210 Contributed by John W Ffooks & Co

ANGOLA Law and Practice p.10 Contributed by VdA Trends and Developments p.26 Contributed by VdA

ARGENTINA Law and Practice p.31 Contributed by Bruchou & Funes de Rioja Trends and Developments p.56 Contributed by Bruchou & Funes de Rioja BOLIVIA Law and Practice p.64 Contributed by Dentons Guevara & Gutiérrez S.C. Trends and Developments p.81 Contributed by Dentons Guevara & Gutiérrez S.C. BRAZIL Law and Practice p.88 Contributed by Pinheiro Neto Advogados Trends and Developments p.106 Contributed by William Freire Advogados Associados

INDIA Law and Practice p.223

Contributed by J Sagar Associates Trends and Developments p.244 Contributed by AZB & Partners

KAZAKHSTAN Law and Practice p.252

Contributed by Haller Lomax LLP Trends and Developments p.271 Contributed by Haller Lomax LLP MADAGASCAR Law and Practice p.277 Contributed by John W Ffooks & Co MALI Law and Practice p.289 Contributed by John W Ffooks & Co MEXICO Law and Practice p.300 Contributed by Todd Trends and Developments p.322 Contributed by Todd

CAMEROON Law and Practice p.111 Contributed by Amadagana & Partners Trends and Developments p.125 Contributed by Amadagana & Partners

CANADA Law and Practice p.130 Contributed by Cassels Brock & Blackwell LLP ECUADOR Law and Practice p.155 Contributed by Flor Bustamante Pizarro & Hurtado Trends and Developments p.174 Contributed by Flor Bustamante Pizarro & Hurtado

MOZAMBIQUE Law and Practice p.329 Contributed by VdA NORWAY Law and Practice p.345

Contributed by Simonsen Vogt Wiig Trends and Developments p.360 Contributed by Simonsen Vogt Wiig

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Contents

PANAMA Law and Practice p.365 Contributed by Arias, Fábrega & Fábrega Trends and Developments p.386 Contributed by Arias, Fábrega & Fábrega PHILIPPINES Law and Practice p.392 Contributed by Cruz Marcelo & Tenefrancia Trends and Developments p.409 Contributed by Cruz Marcelo & Tenefrancia PORTUGAL Law and Practice p.415 Contributed by VdA Trends and Developments p.429 Contributed by VdA RWANDA Law and Practice p.435 Contributed by Liedekerke Great Lakes Trends and Developments p.453 Contributed by Liedekerke Great Lakes

SENEGAL Law and Practice p.458 Contributed by John W Ffooks & Co SWEDEN Law and Practice p.472 Contributed by Wåhlin Advokater AB TIMOR-LESTE Law and Practice p.487 Contributed by VdA Trends and Developments p.503 Contributed by VdA

ZAMBIA Law and Practice p.507

Contributed by MAY and Company Trends and Developments p.531 Contributed by MAY and Company

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INTRODUCTION Contributed by: Carlos Vilhena, Pinheiro Neto Advogados

Pinheiro Neto Advogados is a Brazilian, in- dependent and full-service firm, specialising in multidisciplinary deals and translating the Brazilian legal environment for the benefit of local and foreign clients. Founded in 1942 and with clients in almost 60 countries, the firm has grown organically and developed a distinctive, tight-knit culture, with a low associate-to-part - ner ratio. Its unique, democratic governance structure promotes transparency and consen - sus-building among the partners. With a focus

on innovation, the firm has kept its competitive edge throughout the years, and is widely hailed as an institution of the Brazilian legal market. In order to maintain its status as a valued strate- gic partner to its clients, the firm invests heavily in professional development, not only through strong on-the-job training, but also by means of the highly structured Pinheiro Neto Professional Development Programme championed by the firm.

Contributing Editor

Carlos Vilhena is a partner at Pinheiro Neto Advogados. He oversees the firm’s mining and government relations practices. Carlos has an LLB from the Law School of the University of

the University of Dundee. He is the Secretary of SEERIL at the International Bar Association and a past Secretary of the Foundation for Natural Resources and Energy Law. In his mining practice, he has advised exploration and mining companies and investors on a wide variety of mining-related issues. Carlos has been continually listed as a top mining lawyer.

Brasília and an LLM from the Centre for Energy, Petroleum, Mineral Law and Policy at

Pinheiro Neto Advogados SAFS Quadra 2 Bloco B Ed. Via Office 3º andar – CEP: 70070-600 Brasília – DF Brazil

Tel: +55 613 312 9400 Fax: +55 613 312 9444 Email: cvilhena@pn.com.br Web: www.pinheironeto.com.br

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INTRODUCTION Contributed by: Carlos Vilhena, Pinheiro Neto Advogados

Challenges for the Mining Industry in the Face of New Demands As the world attempts to understand new demands, challenges will emerge for the mining industry. Mining companies around the world are seeking new opportunities and trying to adapt. Newcomers are on the move. All are increasing standards and establishing and enhancing trust with stakeholders, including governments and communities. Recent changes have fostered the implemen - tation of new technologies to reduce costs, increase production efficiency, reprocess and extract minerals from tailings and stock piles, as mining companies have been forced to search for innovative, sustainable and more efficient production methods. From a macroeconomic standpoint, economies and mining companies that have traditionally relied on conventional minerals such as iron ore and gold are observing an ever-increasing appetite of investors for green minerals pro - jects. Traditional base metals players are keen for diversification towards green minerals, which may be perceived as a reaction to society and the market’s call for the adaption of the mineral industry to ESG principles. Other stakeholders with new technologies, like reprocessing tailings and bio-mining are arriving. New practices are perceptively increasing and are here to stay. The transition of the global ener - gy matrix towards more renewable sources, the rising claims for low-carbon, sustainability goals and new technologies will also require improve - ments in standards for mining companies, as the mining industry plays a major role in the energy transition and will continue to do so in the years to come.

These trends illustrate very well that the min - ing industry currently faces several questions, in particular those arising from increased envi - ronment, social and community-related con - cerns, and the new technologies flourishing in the mineral production chains. The scenario is more challenging than ever for the mineral sec - tor. Consequently, the job and role of the mining lawyer is likewise more demanding. Legislative and Regulatory Changes Many countries around the world introduce, from time to time, significant legislative or regulatory changes to their mineral, royalty and tax legisla - tion. From an economic viewpoint, commodity and mineral prices changes can affect the mineral sector in many ways. The availability of funds for exploration projects, investment decisions for the development of new operations, the expan - sion of existing ones, job creation, or new tech - nologies for processing and extracting minerals can all be influenced by the fluctuation of com - modity and mineral prices in different ways. Over the years, it is clear to see the influence that prices have had in different markets and how they can affect countries and companies. Dealing with new technologies, climate con - cerns, decarbonisation, environmental require - ments, community relations, human rights matters, health and safety, and regulatory, tax, financing, social issues and geopolitics, among many other subjects, make this high-risk, long- term industry a more daring prospect than ever before. Therefore, mining lawyers need to keep on top of the evolutions and features of a fast-chang - ing environment and global order, the better to

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INTRODUCTION Contributed by: Carlos Vilhena, Pinheiro Neto Advogados

assist their clients as they navigate through a constantly changing world. Established Mining Law A deep understanding of the more traditional mining law matters – such as the different legal systems, sources of law, ownership of mineral resources, role of the state, legal nature of min - eral rights, granting of mineral rights and secu - rity of tenure, just to name a few – remains a fundamental requirement for lawyers who wish to provide their clients with premium, top-notch services. Additionally, lawyers must be fully updated and in control of the impact of health and safety requirements, taxes, duties, royalties, transfer tax and capital gains around the globe, as these are key factors in successful mining investments and operations. New technologies being implemented in mineral production chains, such as workflow automa - tion, reprocessing of tailings, bio-mining, and blockchain platforms for trading and tracking commercial operations, will demand equivalent legal skills among mining lawyers, as new legal issues may arise from the regulation of such mat - ters by governments and from the dynamics of the new reality. A fast-changing world order, with complex geopolitics, also plays a very important role. This will demand constant improvement by mining lawyers, who will need to conduct cross- disciplinary analysis and counselling to assess increasingly complex mining operations from all angles. Mining Investments and Finance Mining investment and finance legal matters play a dominant role in the work of a mining lawyer. It is crucial for the mineral law practitioner to be fully informed about the legal aspects of

investment attraction, special rules on foreign investment approval, and restrictions on foreign investment in the exploration and mining sec - tors. Multilateral and bilateral treaties that favour and protect investments in exploration and min - ing, sanctions and restrictions to international trade are also of the utmost importance. Knowledge of the main sources of finance for exploration, development and mining in different jurisdictions will certainly be a great advantage for a lawyer in this field, equipping these pro - fessionals to work in a variety of transnational deals. The intricacies of domestic and international securities markets in the financing of explora - tion, development and mining in different parts of the world – as well as the legal features relat - ing to security over mining tenements and relat - ed assets in the context of exploration, devel - opment and mining finance – are essential to a mining lawyer’s performance. In the past years, private investors have sig - nalled great appetite for green minerals projects aimed at energy transition, which has heated the markets for financing and M&A. In the years to come, considering the ambitious goals set for decarbonisation and the utmost relevance of certain minerals in this scenario, the indus - try may expect further increases in the capital availability for this type of investment, without prejudice to other minerals that may come into fashion, and for new technologies to reprocess tailings and waste to exploit green minerals. Environment, Health and Safety Environmental, health and safety legal matters have been at the top of the list for mining law - yers for some time now. Mining companies are mostly very conscious of their environmental

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INTRODUCTION Contributed by: Carlos Vilhena, Pinheiro Neto Advogados

responsibilities. Most of the significant players have very high standards and are prepared to adopt all necessary measures to deal with the environmental impacts arising from their mining operations. Mining industry players in different jurisdictions want clarity of the rules and consistency in the application of these regulations at all stages, including environmental permitting and health and safety throughout the course of the opera - tion. In addition to this, stronger, better equipped and resourceful permitting authorities would add to the desired legal security in the mining indus - try. These elements – clear and stable rules, con - sistent application of the law and trustworthy permitting authorities – would certainly be ben - eficial not only for the mining industry, but also the different mining jurisdictions in the world, particularly the less-developed ones. Recent Issues More recent issues – such as health and safety, climate change, decarbonisation, human rights concerns, supply-chain standards, sustainable development policies, environmental protection and community relations, prior and informed consultation of affected people, the ability of countries to exploit their mineral wealth, and new mining and reprocessing technologies – have become essential matters that need to be appraised by mining law practitioners. The methods of relating to these features and taking a position is evolving very rapidly. For example, new ways of communicating, espe - cially through social media and modern appli - cations such as X and WhatsApp, have brought significant changes to the way information (true or false) is disseminated among society. These

new tools have introduced tremendous differ - ences in how communities, populations and groups of interest can mobilise, in favour or against a certain mining project or operation. The mining industry, which historically has been poor at communicating, now faces an incredibly more challenging environment in which to get its message across. In this context, the “G” pillar of the ESG initialism may have a major role to effectively showcase the industry’s true values and improve society’s view of mining activities, as there is plenty of room for improving matters relating to diversity and inclusion within mining authorities and com - panies. Conclusion The countries included in this guide have vast mineral potential, with swathes of territory still to be properly prospected and explored. Hopes around the globe are for more sensible, less interventionist and more business-friendly poli - cies. Populations, particularly those in less-developed countries, have high expectations. People from around the world are showing that they eagerly seek greater efficiency, fewer gov - ernment interventions, privatisations, significant reduction of bureaucracy and a strong fight against corruption and social disparities. Society and investors’ call for a low-carbon and sustainable economy is directly linked with mineral prospection and exploration, which will inevitably intersect with the improvement of standards by mining companies to cope with such demand.

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INTRODUCTION Contributed by: Carlos Vilhena, Pinheiro Neto Advogados

If the leading mining jurisdictions can deliver on these demands, there will be great interest from investors in the exploration and mining sectors, which will, in turn, lead to economic and social prosperity.

This guide aims to provide a wealth of experi - ence, and the submissions have been prepared by some of the most reputable and experienced law firms in the field of mining law.

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ANGOLA

Democratic Republic of the Congo

Luanda

Angola

Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal VdA

Zambia

Namibia

Contents 1. Mining Law: General Framework p.13 1.1 Main Features of the Mining Industry p.13 1.2 Legal System and Sources of Mining Law p.13 1.3 Ownership of Mineral Resources p.14 1.4 Role of the State in Mining Law and Regulations p.14

1.5 Nature of Mineral Rights p.14 1.6 Granting of Mineral Rights p.15 1.7 Mining: Security of Tenure p.15 2. Impact of Environmental Protection and Community Relations on Mining Projects p.17

2.1 Environmental Protection and Licensing of Mining Projects p.17 2.2 Impact of Environmentally Protected Areas on Mining p.18 2.3 Impact of Community Relations on Mining Projects p.18 2.4 Prior and Informed Consultation on Mining Projects p.18

2.5 Impact of Specially Protected Communities on Mining Projects p.19 2.6 Community Development Agreement for Mining Projects p.19 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations p.19 2.8 Illegal Mining p.19 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects p.20 3. Climate Change, Energy Transition and Sustainable Development in Mining p.20 3.1 Climate Change Effects p.20 3.2 Climate Change Legislation and Proposals Related to Mining p.20 3.3 Sustainable Development Initiatives Related to Mining p.21 3.4 Energy-Transition Minerals p.21 4. Taxation of Mining and Exploration p.22

4.1 Mining and Exploration Duties, Royalties and Taxes p.22 4.2 Tax Incentives for Mining Investors and Projects p.22 4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects p.23

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ANGOLA CONTENTS

5. Mining Investment and Finance p.23 5.1 Attracting Investment for Mining p.23 5.2 Foreign Investment Restrictions and Approvals in the Exploration and Mining Sectors p.23 5.3 International Treaties Related to Exploration and Mining p.23 5.4 Sources of Finance for Exploration, Development and Mining p.24 5.5 Role of Domestic and International Securities Markets in the Financing of Exploration, Development and Mining p.24 5.6 Security over Mining Tenements and Related Assets p.24 6. Mining: Outlook and Trends p.24 6.1 Two-Year Forecast for the Mining Sector p.24

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

VdA is a leading international law firm with more than 40 years of history. Recognised for its im - pressive track record and innovative approach in corporate legal services, VdA offers robust solutions grounded in its renowned ethical and professional standards. The high quality of the firm’s work is recognised by clients and stake - holders, and is acknowledged by leading pro -

fessional associations, legal publications and academic entities. VdA advises its clients in the development of their projects across the entire value chain of the mining industry. Through the VdA Legal Partners network, clients have ac - cess to seven jurisdictions, with broad secto - ral coverage in all Portuguese-speaking African countries, as well as Timor-Leste.

Authors

João Afonso Fialho joined VdA in 2015. He is a partner and head of practice for oil and gas and natural resources. In the last 25 years João has been involved in natural resources projects and

Marizeth Vicente joined VdA in 2024. She is an international adviser in the oil and gas and mining practice. Lukeny Pascoal joined VdA in 2023 when he joined ASP Advogados (exclusive member of VdA Legal Partners for Angola since 2020) as a junior international adviser. He has

transactions in various jurisdictions and has advised foreign investors in the negotiation of exploration and mining agreements for all types of minerals, joint venture agreements, legal due diligence, farm-in and farm-out agreements, royalties and streaming agreements, contracts with suppliers, termination and extension of concessions and relinquishment of areas. João has also advised various state entities and international mining companies in the drafting and discussion of legal statutes and ancillary regulations.

worked on several transactions with a focus on the oil and gas and mining industries, advising leading clients in the sector on regulatory, contractual, corporate and commercial matters, foreign direct investment and shipping.

VdA Rua Dom Luís I 28 1200-151 Lisboa Portugal Tel: +351 21 311 3400 Email: vieiradealmeida@vda.pt Web: www.vda.pt/en

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

1. Mining Law: General Framework 1.1 Main Features of the Mining Industry Angola is one of the most mineral resource-rich countries in the world, with substantial depos - its of diversified minerals, including diamonds, gold, iron ore, phosphates, copper, manganese and rare earths. Still, a very significant part of the country’s mineral deposits remains unexplored, creating great opportunities for further invest - ment. The in-depth legislative reform promoted by the government in 2018–20 to attract investment in the industry to the benefit of investors, the state and the Angolan population has already shown signs of return by attracting major mining com - panies to reinvest in Angola. Angola is now the sixth largest diamond pro - ducer in the world, with a production target of 10–15 million carats in 2023. The largest Ango - lan diamond found in the last 300 years, a pink diamond of 170 carats, was discovered in 2022 in an alluvial diamond project and named “Rosa do Lulo”. Although most investment has been directed to diamonds, investors have also been showing interest in other minerals, such as gold, copper and rare earth minerals. The government is also determined to promote local beneficiation. The launch of the Saurimo Diamond Development Pole set the cornerstone for this venture. With an initial investment of around USD77 million, the pole covers an area of more than 300,000 metres in the eastern prov - ince of Lunda Sul and includes diamond cutting facilities as well as training centres and shopping facilities.

1.2 Legal System and Sources of Mining Law Angola has a civil law legal system. The Mining Code, approved by means of Law 31/11, of 23 September 2011, contains most of the rules governing the mining industry and min - eral operations, from exploration to processing and marketing of all types of minerals. In addition to the Mining Code, there are other legal statutes governing the mining sector, nota - bly the following: • Law No 8/24, of 3 July, which is the Law to Combat Illegal Mining Activity; • Presidential Decree No 51/24, of 6 February, which approves the Regulation on the Exer - cise of Activities for the Exploration of Min - eral Resources, Oil and Gas in Conservation Areas; • Presidential Order No 39/24, of 26 January, which creates the National Observatory to Combat Illegal Immigration, Exploitation and Illicit Trafficking of Strategic Mineral Resourc - es; • Angolan National Bank Order No 2/23, of 9 February, which approves the foreign exchange regime applicable to the mining sector; • Joint Executive Decree 536/22, of 25 October, which approves the fees and charges appli - cable to the Mining Sector; • Presidential Decree 161/20 of 5 June (as amended by Presidential Decree 6/22, of 12 January), which establishes the National Agency for Mineral Resources; • Presidential Decree 143/20, of 26 May, which approves the Governance Model for the Min - ing Sector; • Presidential Decree 85/19 of 21 March (as amended by Rectification 18/19, of 28 June),

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

which approves the regulations for semi- industrial mining of diamonds; • Presidential Decree 35/19 of 31 January (as amended by Rectification 11/19, of 8 May 2019), which approves the technical regula - tions for the marketing of rough diamonds; • Presidential Decree 175/18 of 27 July, which approves the new diamonds marketing policy; • Executive Decree 346/17 of 14 July, which sets forth the criteria for delimitation of con - cession areas for exploitation of construction materials; • Joint Executive Decree 316/17 of 27 June, which approves the list of equipment (for use in exploration and mining activities) exempted from customs duties and fees; • Presidential Decree 231/16 of 8 December, which classifies rare metals and rare earth elements as strategic minerals; • Presidential Decree 158/16 of 10 August, which sets forth administrative offences and relevant penalties; and • Order 255/14 of 28 January, of the Ministry of Geology and Mines, on monitoring of posting of bonds and payments of surface fees and royalties under the Mining Code. 1.3 Ownership of Mineral Resources Under the Angolan Constitution, natural resourc - es are the property of the state. The rules for award and exercise of mineral rights are mainly governed under the Mining Code (approved by the Angolan National Assembly) which empha - sises that all the mineral resources found in the soil, subsoil, territorial sea, continental shelf, exclusive economic zone and other areas of the territorial or maritime domain under the juris - diction of the Republic of Angola are originally owned by the state.

Minerals and mining products mined and extracted in accordance with the rules of the Mining Code and ancillary legislation become the property of the holders of the relevant explo - ration and mining titles. 1.4 Role of the State in Mining Law and Regulations The state is the original owner of mineral resources found in the Angolan territory. Yet, all mineral projects are developed by private enti - ties or individuals under a mineral investment contract and/or licence. The state has the right to participate in mineral projects through: • a state-owned company with a participating interest of at least 10% in the company to be incorporated for the mining phase; and/or • a participation in kind (minerals produced) in proportions to be defined throughout the production cycles, with the state participa - tion increasing in line with the increase in the Internal Rate of Return (IRR). 1.5 Nature of Mineral Rights Mineral rights are awarded by the state to pri - vate entities or individuals by means of a mineral investment contract and/or licence, depending on the industrial/semi-industrial/artisanal nature of the operations and the type of minerals to be explored. In most cases, a mineral investment contract must be entered into between the state and the investor to define the terms and condi - tions for award and exercise of mineral rights. Mineral rights are autonomous and shall be treat - ed as legally separate from other rights, includ - ing the right of ownership of the soil where they are exercised and of the assets existing thereat, and may only be pledged to secure credits con -

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

tracted by the relevant holder of mineral rights to finance the geological-mineral activities covered by the concession title. 1.6 Granting of Mineral Rights Mineral rights can be awarded following a pub - lic tender procedure launched by the ministry responsible for the mining sector or voluntary application. The relevant awarding entity will be determined based on the type of mineral and the industrial, semi-industrial or artisanal nature of the mineral operations (Head of the Executive Branch or Minister of Mineral Resources, Petro - leum and Gas). Public tender is mandatory when, in light of stud - ies conducted or approved by the body respon - sible for geology, the area is considered to be of great geological potential. It is also mandatory for the awarding of mineral rights for strategic minerals. Minerals are classified as “strategic” if warranted by their economic importance, use for strategic purposes, or specific techni - cal mining aspects. The mineral’s rarity, relevant impact on economic growth, high demand on the international market, significant job crea - tion, importance for state-of-the-art technology, positive influence on the balance of payments or importance to the military industry are deemed as fundamental factors to be weighted by the executive branch when classifying a mineral as strategic. Diamonds, gold and radioactive min - erals are expressly defined as strategic miner - als in the Mining Code and rare metals and rare earth elements were also defined as strategic minerals in Presidential Decree 231/16 of 8 December 2016. If no public tender is required, mineral rights shall be awarded on a first come, first served basis, provided the applicant has the technical and financial qualifications required to carry out

the mineral activities applied for and commits to observe the environmental requirements estab - lished by law. The award of mineral rights at an industrial scale is subject to the negotiation of a mineral invest - ment contract to be negotiated between the National Agency for Mineral Resources and the investor on a case-by-case basis with detailed operational, economic, and fiscal terms and conditions (from exploration to mining and mar - keting). Semi-industrial and artisanal projects are awarded by means of simplified application procedures. The award of mineral rights must be published in the Angolan Official Gazette. 1.7 Mining: Security of Tenure Investor Rights Pursuant to the Mining Code, holders of mineral rights have the following statutory rights (among others): • to obtain the geological-mineral information available on the concession area, or to con - sult such information; • to obtain the collaboration of the administra - tive authorities for the execution of field work and for the creation of rights of way, under the terms of the law; • to use surface and underground waters in the vicinity of the concession area, which are not exploited or covered by any other specific mining title, without prejudice to the rights of third parties and in compliance at all times with the mineral legislation; • to build and set up the infrastructures and facilities needed for execution of the geologi - cal-mineral activities; • to use, under the conditions imposed by the applicable laws and regulations, the land

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

demarcated for the installation of mineral facilities, buildings and equipment; • to alter, in accordance with the work plans and programmes approved and to the extent required for the carrying out of mineral opera - tions, the natural lie of the areas covered by the concession; • to carry out the geological-mineral activities necessary for execution of the approved work plans, without limitations other than those deriving from the legal rules, the concession contract or the order of the body responsible for the mining sector; • to extract, transport and dress the mineral resources covered by the contract, under the law; • to dispose of the mineral resources extracted and to market the same, under the terms of the law; • to recover from the mining proceeds the investment expenses incurred during the reconnaissance, exploration, evaluation and appraisal stage; and • to receive compensation for such losses as may result from any actions limiting the exer - cise of mineral rights, under the terms of the law or the concession contract. Rights to Progress From Exploration to Mining The Mining Code enshrines a single-contract regime pursuant to which mineral rights are awarded for all stages of the operations. How - ever, to progress from exploration to mining stage, holders of mineral rights are required to prepare and submit a technical, economic and financial feasibility study for review and approval by the state. Minerals Rights’ Duration Exploration, evaluation and reconnaissance rights may be awarded for an initial period of up

to five years extendable for successive one-year periods up to a maximum seven years. If the seven-year period proves insufficient to prepare or complete the feasibility study, the holder of the mineral rights may apply for and be grant - ed an exceptional one-year extension. Mining and marketing rights are awarded for a period of up to 35 years (including the exploration and appraisal stage) extendable by one or more ten- year periods. Different rules apply to semi-industrial and arti - sanal mining and the exploration and mining of construction materials and mineral waters. Suspension and Termination of Mineral Rights Mineral rights can be suspended by order of the Ministry responsible for the mining sector in the event of serious risk to the life and health of the populations, to the safety of the mines, to healthy conditions in the workplace, to the environment, wildlife and flora, or as a penalty provided for in the Code or ancillary legislation. Termination of mineral rights can occur upon agreement between the state and the investor, expiry of the relevant term, redemption or ter - mination of the mineral investment contract or revocation of exploration/mining titles. In addi - tion to the other termination events that may be established in the mineral investment contracts (where applicable), mineral investment contracts or exploration/mining titles may be terminated in the following instances: • a termination or withdrawal is triggered under specific contractual clauses; • the project becomes technically or economi - cally unviable;

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

• a breach of legal obligations, contractual obligations or obligations arising from the concession title; • the abandonment, suspension or reduction of the mineral operations, except as provided for in the Mining Code, the title or the contracts; • the suspension of mineral operations owing to force majeure events, as defined in the contract or concession title; • the concession holder is convicted of a crime of aggravated contempt because it failed to perform acts provided for in the Mining Code or ordered by the relevant authority; • the reconnaissance, exploration, evaluation and appraisal or mining of mineral resources not included in the contract or concession title; and • the performance of the contractual obliga - Assignment of rights is subject to government approval and shall only be conceded if the assignee satisfies the technical and financial qualification requirements established by the government for award of mineral rights. Dispute Resolution The Mining Code is silent on the proper venue to resolve disputes, leaving it up to the dispute res - olution clauses of mineral investment contracts. Contracting parties tend to include arbitration clauses in their agreements; however, disputes arising from the termination of the concession contract or withdrawal of the concession title, overlapping areas, or compensations due to landowners or possessors by the holders of min - eral rights must be resolved by national courts, and disputes on the significance or insignificance of minerals extracted during the reconnaissance, exploration, evaluation and appraisal stage for the purpose of assessment of the relevant tax tions is not possible. Assignment of Rights

should be settled by the Ministry responsible for the mining sector.

2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects

The main requirements for environmental pro - tection can be found in the Mining Code and are usually detailed under the mineral investment contract, including provisions on environmen - tal impact, preservation, recovery and rehabili - tation. In addition to the Mining Code, holders of mineral rights must comply with the general • the General Regulations for Environmen - tal Impact Assessment and Environmental Licensing Procedure; • the Decree on Environmental Audits; • the plans for the use of water; and • the waste management plan and control of hazardous substances. National and regional sector strategy and pro - grammes in the fields of environment and sus - tainable development, as well as the internation - al instruments to which Angola has committed, for example, the Rio Convention on Biodiver - sity 1992, the Montreal Cartagena Protocol on Biosafety to the Convention on Biological Diver - sity 2003, the Agenda 21, and the Basel Con - vention on the Control of Transboundary Move - ments of Hazardous Wastes and Their Disposal 1989. environmental statutes, including: • the General Environmental Law; Projects which, by their nature, scale or location, affect the environmental and social balance and

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

2.3 Impact of Community Relations on Mining Projects The Mining Code expressly sets forth that min - ing policies must always consider the traditions of local communities and contribute to their sustainable economic and social development. Expressions of such principle of protection of local communities are found in several provi - sions of the Mining Code, including: • holders of mineral rights having a duty to always take into account the traditions of the communities in the areas where mineral activities are carried out; • creating consultation procedures allowing the local communities affected by mineral projects to take an active part in decisions relating to protection of their rights; • having the right of relocation whenever the communities lose their houses as a result of mineral activities; and • ensuring the employment and training of Angolan technicians and workers, with pref - erence being given to those residing in the areas of the mineral concession. There are also protective local content provi - sions in the Mining Code aimed at protecting local entrepreneurs and promoting local busi - nesses, benefiting from a statutory preferential right in procurement procedures for the provision of goods and services to the mining industry. 2.4 Prior and Informed Consultation on Mining Projects Local communities must be consulted during the preparation of the EIA and before any deci - sion is taken that may affect their living condi - tions or rights. This consultation is mandatory for projects that can potentially destroy or damage assets or cultural or historical heritage belong - ing to the local community. Holders of mineral

harmony must be subject to an environmental impact assessment (EIA). Holders of mineral rights are especially required: • to comply with the obligations deriving from the environmental impact study and the envi - ronmental management plan, on the terms established therein; • to take the measures necessary to reduce the formation and propagation of dust, waste and radiation in mining areas and surrounding areas to prevent or eliminate the contamina - tion of waters and soil, using appropriate means to that end; • not to reduce or in any other way prejudice the normal water supply to populations; • to carry out mineral operations so as to mini - mise damage to the soil; • to reduce the impact of noise and vibrations to acceptable levels as determined by the relevant authorities, when using explosives in the vicinity of settlements. • not to discharge in the sea, water currents and lagoons contaminant waste which is harmful to human health, wildlife and flora; and • to inform the authorities of any occurrence that has caused or may cause environmental damage. 2.2 Impact of Environmentally Protected Areas on Mining The government may exclude or restrict the car - rying out of geological-mineral activities within certain areas to ensure the harmonious develop - ment of the national economy and protect the national security, wildlife, flora and the environ - ment. To date, the government has not made use of such prerogative.

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

rights must relocate, at their expense, any local community that is displaced as a result of min - ing operations, and all traditions and practices of local communities must be considered in the resettlement process. Without prejudice to the above, in planning the mineral activities, the Executive shall provide for effective measures for sustainable economic development and protection of the lawful rights and interests of the local communities, as well as the development of national human resources. 2.5 Impact of Specially Protected Communities on Mining Projects There are no specially protected communities with respect to mining projects under Angolan law. The local content rules found in the Mining Code are aimed at protecting local communities at large and shall apply to all Angolan nationals, entities or populations residing in the concession area (as applicable). 2.6 Community Development Agreement for Mining Projects Community development agreements for mining projects are not mandatory by law nor are they a common practice in Angola. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations ESG guidelines and regulations are scattered in different provisions of the Mining Code, ancillary industry-specific legislation and gen - eral laws and regulations. ESG provisions can also be found in mineral investment contracts, which usually include guidelines and principles on environment protection/preservation, human resources and business ethics.

The ESG concerns are made clear by the requirements for holders of mineral rights to conduct mineral activities under strict environ - ment regulations, comply with the applicable local content policies on recruitment and train - ing Angolan nationals, procure local goods and services, ensure the involvement of local com - munities, abide by local laws and regulations, combat corruption and adopt the best business ethics practices. 2.8 Illegal Mining In Angola, illegal mining is a significant issue that has a considerable impact on legal indus - trial mineral production. Unregulated and clan - destine mining practices not only harm the envi - ronment but also destabilise the economy and undermine the efforts of companies that operate according to established regulations. Disruption Caused by Illegal Mining Economic and environmental impact Illegal mining often involves uncontrolled extrac - tion practices that lead to severe environmen - tal degradation, including deforestation, water pollution, and habitat destruction. These activi - ties seriously compromise the sustainability of natural resources and have long-lasting adverse effects. Unfair competition Illegal mining operations typically do not pay taxes or comply with safety and environmental regulations, allowing them to sell minerals at sig - nificantly lower prices. This creates unfair com - petition for legally established companies that adhere to all regulatory standards. Safety risks Illegal mining frequently involves hazardous working conditions and labour exploitation, including child labour, and may be associated

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

with organised criminal networks, putting worker safety and health at considerable risk. Reaction of the Government and Mining Companies Enforcement and legislation The Angolan government has strengthened enforcement and the application of rigorous laws, such as Law No 8/24 of 3 July. This law establishes severe penalties for illegal mining activities, including: • prison sentences – penalties range from two to eight years’ imprisonment, depending on the severity of the crime; • fines – these are established based on frac - tions of the value specified in Article 111, paragraph 2 of the Mining Code, for example, fines of one sixth, one third, or one tenth of the specified value, depending on the specific infraction; and • increased penalties – in specific cases, penal - ties are increased by one third of the mini - mum limit for crimes involving public authori - ties, impacting state projects, using violence, child labour, association with criminal organi - sations, fraud, obstructing authorities, signifi - cant environmental damage, or activities in protected areas. Partnerships and collaborative actions Legally operating mining companies often col - laborate with government authorities and regu - latory bodies to combat illegal mining. These partnerships may include the use of monitoring technologies and reporting of suspicious activi - ties. Corporate social responsibility programmes Many mining companies have invested in corpo - rate social responsibility programmes to educate local communities about the negative impacts

of illegal mining, offering sustainable economic alternatives and promoting good environmental practices. Public awareness campaigns Public awareness campaigns are conducted to highlight the dangers and adverse impacts of illegal mining on both the environment and local communities, emphasising the importance of legal and sustainable mining practices. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects Examples of the positive impact of mineral activities in local communities are social projects implemented by the holders of mineral rights in the villages around the mines (eg, building of infrastructure and roads, and water and electric - ity supply structures, to the benefit of the local communities) and the increase in jobs available to local communities. Examples of negative impacts are those linked with reportedly unsatisfactory working condi - tions, human rights violations or damage to the environment.

3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects

Climate change is on the agenda of the Angolan government but has not yet (directly) impacted the mining industry. 3.2 Climate Change Legislation and Proposals Related to Mining Angola has not yet passed specific climate change legislation related to mining. There is,

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ANGOLA Law and Practice Contributed by: João Afonso Fialho, Marizeth Vicente and Lukeny Pascoal, VdA

however, growing concern surrounding climate change which has led to the ratification of several international climate change conventions, name - ly the United Nations Climate Change Conven - tion (UNFCCC) in 2000 and the Kyoto Protocol in 2007, reaffirming Angola’s commitment to the implementation of measures and programmes to stabilise greenhouse gas (GHG) emissions. In May 2000, Angola ratified the Montreal Pro - tocol to the Vienna Convention. Angola is also a signatory to the Paris Agreement, the United Nations Convention on Combating Drought and Desertification (UNCCD), the Convention on the Conservation of Wild Migratory Species (CMS), the Convention on Biological Diversity (CBD) and the Stockholm Convention on Persistent Organic Pollutants (POPs). Angola is also part of the Law of the Sea Convention. Most of the conventions continue to be implemented by Angola, through the Ministry of Culture, Tourism and Environment (MCTA), within the scope of the commitments assumed at international level to contribute to the protection of life on planet earth. Although Angola does not yet have specific legislation on climate change concerning min - ing, there are environmental legislative provi - sions that may indirectly contribute to climate change mitigation. For example, Articles 12 and 19 of Law 8/24 (Law on Combating Illegal Min - ing Activities) include some environmental provi - sions, and Article 5 of Presidential Decree 51/24 (Regulations on the Exercise of Mineral, Oil and Gas Exploration Activities in Conservation Areas) imposes various obligations on operators. These obligations include the construction of infra - structure, responsible use of water resources, financial contributions to conservation pro - grammes, biodiversity protection, and the con - duct of environmental audits. Although these do not specifically mention climate change, some of the obligations, such as environmental miti -

gation, ecosystem protection, and fire preven - tion, may indirectly contribute to efforts against climate change. The Angolan National Commission on Climate Change and Biodiversity (CNACB) was recently established with a specific mandate for climate change. The CNACB is composed of several entities, including the ministries of petroleum, transport, higher education, science and tech - nology, health, and agriculture and fisheries, under the co-ordination of the ministerial depart - ment responsible for the environment, and was in charge of preparing Angola’s participation in COP 28. 3.3 Sustainable Development Initiatives Related to Mining The are no relevant sustainable development initiatives related to mining in Angola. There is, nevertheless, a clear constitutional and statu - tory principle of sustainable exploitation of mineral resources in strict compliance with the rules on safety, economic use of the soil, rights of the local communities and the protection of the environment, to the benefit of the national economy, local communities and future genera - tions, which was publicly reinforced during the course of 2023. 3.4 Energy-Transition Minerals As global priorities shift and new technologies such as electric vehicles (EVs), battery storage and green energy take preference, rare earth minerals found in countries such as Angola are expected to play a critical role. The Angolan government is focused on the strategic position - ing of the country as one of the major mineral resource-producing countries and a key player in the global energy transition.

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