GUINEA Law and Practice Contributed by: Kanto Andrianjakamanantsoa and Tiavina Rakotonaivo, John W Ffooks & Co
accelerated processing and monitoring of integrated mining project files; • Order No A/2016/5002/MMG/SGG, introduc - ing a new cadastral procedure; and • Joint Order No A/2018/5212/MEF/MMG/MB/ MATD/SGG, dated 13 July 2018, implement - ing Article 165 of the Mining Code. 1.3 Ownership of Mineral Resources In the Republic of Guinea, mineral resources are the property of the state. Indeed, the Mining Code provides that mineral or fossil substances contained in the subsoil or existing on the sur - face are, within the territory of the Republic of Guinea, the property of the state and may not be subject to any form of private appropriation, except as provided otherwise in the Mining Code and in the Code on Private and State-Owned Land ( Code Foncier et Domanial ). 1.4 Role of the State in Mining Law and Regulations The Guinean state has the role of an owner-oper - ator. In this regard, the state may engage in any mining activity on its own behalf, either directly or through a public limited company responsible for the management of a mining patrimony. Since the enactment of the Mining Code, the grant of a mining exploitation title immediately gives the state an ownership interest, at no cost, of up to a maximum of 15% in the capital of the company holding the title. 1.5 Nature of Mineral Rights While an exploration permit ( permis de recherche ) confers on its holder the exclusive right to pros - pect a type of mineral substance, an exploita - tion permit ( permis d’exploitation ) confers on its holder the exclusive right to explore, exploit and freely dispose the mineral substances for which it has been granted, within the limits of its
perimeter and without limitation as to depth. This means that mineral rights typically derive from an exploitation permit that has been granted in accordance with the provisions of the Mining Code. A mining concession can also be granted, con - ferring on its holder the exclusive right to carry out within its perimeter, and without any depth limitation, all mining operations on deposits ( gisements ) of the mineral substances for which the concession is granted. A mining concession is granted by way of decree to a Guinean com - pany and to a holder of an exploration permit who has met its prescribed obligations under the Mining Code. The application for a mining concession must be made at least three months prior to the expiration of the validity period of the exploration permit under which the application is being made. 1.6 Granting of Mineral Rights An exploration permit is granted by way of order of the Ministry of Mines and Geology, on the recommendation of the Mining Promotion and Development Centre and after receiving the approval of the Technical Committee of Titles. As regards the exploitation permit, it is granted by way of decree issued during a Council of Min - isters, on the recommendation of the Ministry of Mines and following approval by the National Mining Commission. Mining concessions are granted by way of decree issued during a Council of Ministers, on the recommendation of the Ministry of Mines and following approval by the National Mining Commission.
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