CAMEROON Law and Practice Contributed by: Lynda Amadagana, Elise Ngo Nyobe, Cecile Bella and Kevin Djomgoue, Amadagana & Partners
1.7 Mining: Security of Tenure Security of tenure in Cameroon’s mining sector is principally governed by the Mining Code and its complementary regulations. Security of ten - ure is generally guaranteed in Cameroon in the following way. Term Length and Renewals Exploration permits These are initially valid for three years, renewable up to three times with each renewal not exceed - ing two years under Article 33 of the Mining Code with a possibility of obtaining an exten - sion under certain circumstances for a further non-renewable period of two years under Article 34 of the Mining Code. Mining permits These are granted for a specific duration (deter - mined by negotiated outcome in the Mining Convention under Article 40(2) and could be renewed for a period negotiated and provided for in the mining agreement with the State under Article 40(4)(7). Rights to progress from exploration to mining Holders of exploration permits have the right to apply for a mining permit if they discover and can prove the existence of economically viable mineral deposits under Article 42(1) of the Min - ing Code. The government has the right to revoke the min - ing permit if the permit holder fails to meet spe - cific conditions. Maintenance Requirements and Cancellation Procedures Permit holders have to maintain a certain level of activity and investment to retain their rights. Failure to comply with these obligations can lead to suspension or cancellation of the per -
mit. Cancellation procedures involve a formal process with opportunities for the permit holder to address the reasons for cancellation. Operating Control, Marketing and Transferability Permit holders have significant operational con - trol over their mining activities, subject to envi - ronmental and safety regulations. They gener - ally have the right to market and sell mineral products, either domestically or internationally. Mining permits are transferable, but subject to government approval under Article 79(4) of the Mining Code. Additional Considerations Land tenure Mining activities often occur on land owned by the State or customary land holders. Separate agreements are necessary to secure land rights. Fiscal regime The Mining Code outlines a fiscal regime includ - ing royalties, production sharing agreements, and corporate taxes. Environmental and Social Responsibilities Permit holders are subject to environmental impact assessments and social responsibility obligations.
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
The procedure for carrying out an environmental and social impact study is performed by firms approved by the Ministry of the Environment, which, in turn, issues an environmental certifi -
117 CHAMBERS.COM
Powered by FlippingBook