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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