GUINEA Law and Practice Contributed by: Kanto Andrianjakamanantsoa and Tiavina Rakotonaivo, John W Ffooks & Co
1.7 Mining: Security of Tenure With respect to exploration permits, an industrial exploration permit can only be granted for an initial period of three years, and a semi-industrial exploration permit can only be granted for an ini - tial period of two years. The term of an industrial exploration permit may be renewed twice, for a maximum period of two years each time, while the term of a semi-industrial exploration permit may be renewed only once for a maximum peri - od of one year. It is worth noting that an explo - ration permit confers on its holder a movable property right that is undivided, not assignable and may not be pledged or mortgaged. As regards exploitation permits, an industrial exploitation permit is granted for a maximum period of 15 years, and a semi-industrial exploi - tation permit is granted for a maximum period of five years. The term of an industrial or semi- industrial exploitation permit is renewable sev - eral times, each time for a period lasting no more than five years. It is also worth noting that an exploitation permit creates a divisible and assignable movable right in favour of its holder. This right may be pledged in order to secure loans for operations. In general, the granting of an industrial or semi- industrial exploitation permit will result in the cancellation of the exploration permit within the perimeter of the exploitation permit. However, exploration in relation to the mining operations may continue. Should a mineral substance other than the one for which the exploitation permit has been granted be discovered in the course of that exploration, the holder of the exploitation permit shall have a pre-emptive right in respect of the exploitation of such mineral substance. This right must be exercised within a maximum period of 18 months from the date of notification of the discovery to the state.
Mining concessions are granted for a maximum period of 25 years and may be renewed once or several times, each time for a maximum period of ten years. It is worth noting that a concession is a divisible property right that can be assigned and mortgaged to secure loans for operations.
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
Law No L/2019/0034/AN, enacting the Environ - mental Code as well as its implementing regula - tions, constitutes the legal framework governing the environment in the Republic of Guinea. The Guinean Environmental Code aims to establish the fundamental principles for promoting sus - tainable development, managing and protecting the environment and natural capital against all forms of degradation. The Mining Code provides that any mining activ - ity undertaken must comply with the legislation governing environmental protection. In particu - lar, any application for an authorisation or a min - ing exploitation title must include an environ - mental and social impact study, in accordance with the Environmental Code and its implement - ing regulations. Requirements in this regard are modulated according to the scope of the work planned, ranging from a simple environmental impact notice for an exploration permit to a detailed environmental and social impact study for an exploitation permit or a mining conces - sion. The detailed environmental and social impact study must include the following elements:
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