Mining 2025

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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