Mining 2025

MADAGASCAR Law and Practice Contributed by: Herisoa Raharimamonjy and Mialy Solofohery, John W Ffooks & Co

• Law No 2005-022, dated 2 August 2005, amending certain provisions of Law No 2001- 031, dated 8 October 2002, establishing a special regime for major investments in the Malagasy mining sector (the Law on Large Mining Investments (LGIM)) – the LGIM is cur - rently being reformed to align with the revised Mining Code; • Law No 2001-031, dated 8 October 2002, establishing a special regime for major invest - ments in the Malagasy mining sector (LGIM); • Decree No 2024-1464, dated 23 July 2024, relating to mining, fossils and quarrying per - mit regulations – implements the new mining code and provides details regarding permit/ licence regulations; • Decree No 2017-415, dated 30 May 2017, setting the terms and conditions for the application of Law No 2015-005 of 26 Febru - ary 2015, overhauling the Protected Areas Management Code; • Decree No 99-954, dated 15 December 1999, amended by Decree No 2004-167 of 3 Febru - ary 2004 on the environmental compatibility of investments (the Decree on the Compatibil - ity of Investments with the Environment (the MECIE Decree)); • Decree No 97-740, dated 23 June 1997, relating to mining permits for the exploration, exploitation and transportation of hydrocar - bons; and • Interministerial Order No 12032/2000 relating to environmental protection regulations in the mining sector – governs rules and require - ments in order to balance mining activities with the impact on the environment. 1.3 Ownership of Mineral Resources Mineral resources are the property of the nation (Article 5, Law No 2023-007, dated 27 July 2024, revising the Mining Code).

With that said, the Ministry of Mines, as a repre - sentative of the state, along with other relevant ministries, such as the Ministry of Environment, solve any conflicts. Such conflicts may concern, for instance: • incompatibility regarding protected areas with respect to Chapter VIII, Articles 126 to 149 of Law No 2023-007, dated 27 July 2024, revis - ing the Mining Code; and • disagreement with landowners regarding already-owned or -occupied lands, pursuant to the provision of Licence VII, Article 298 and following Law No 2023-007, dated 27 July 2024, revising the Mining Code. 1.4 Role of the State in Mining Law and Regulations In Madagascar, the state plays dual roles in the mining sector, as follows: • grantor-regulator – the state, represented by entities such as Bureau du Cadastre Minier de Madagascar (BCMM – the mining registry) and the Ministry of Mines, oversees mining activities by granting mining rights, enforcing regulations and ensuring compliance; and • owner-operator: the state may directly engage in mining operations through con - tracts with private companies, typically via specialised government bodies or state- owned companies. There is no mandatory national or government joint venture, contracting or participation in min - ing activities in Madagascar. 1.5 Nature of Mineral Rights Mineral rights do not have any constitutional basis in Madagascar. They derive from the min - ing laws, government authorisation (ie, mining permits) or conventions with landowners (if any).

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