MADAGASCAR Law and Practice Contributed by: Herisoa Raharimamonjy and Mialy Solofohery, John W Ffooks & Co
Mineral rights have the status as property in the form of a mining licence. The transmission of or any action relating to a mining licence are regulated by Law No 2023- 007, dated 27 July 2024, revising the Mining Code. Sales of strategic mining substances extracted from the land are also governed by the previous key provision. 1.6 Granting of Mineral Rights The granting authorities in Madagascar are national authorities: the Ministry of Mines and the BCMM. The BCMM is represented all over the jurisdiction by its twelve offices, which are in Antananarivo, Antsiranana, Sambava, Mahajan - ga, Maevatanana, Ambatondrazaka, Toamasina, Antsirabe, Fianarantsoa, Manakara, Toliara and Taolagnaro. There are no overlaps of jurisdiction between the two authorities. The Ministry of Mines represents the government in administrative and govern - ance matters, while the BCMM regulates all mat - ters regarding mining licences and activities. Mineral rights are granted through a mining licence under an order of the Ministry of Mines, delivered via the BCMM. 1.7 Mining: Security of Tenure The guarantee of security of tenure in Madagas - car’s mining sector is based on the principle that any mining licence or mineral rights not formally recognised and registered by the BCMM cannot be enforced. Any mining licence holder is entitled to request a stability guarantee from the Ministry of Mines. The length of a mining licence can vary from one to 25 years according to the category of activity
(ie, the mining licence/authorisation). The terms of renewal also depend on the type of mining licence but are always reduced compared to the term and land area of the initial mining licence. The holder of an exploration licence is entitled, at any time, to transform it into a mining licence. The holder of a mining licence is entitled to can - cel, at any time, part or all the land object of his or her mining licence. Mining licences are modifiable and transferable, with any change related to said licence being registered with the BCMM.
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
The regulations for environmental protection and the licencing of mining projects in Madagascar are: • Law No 2015-003, dated 20 January 2015, updating the Malagasy Environment Charter; • Law No 2023-007, dated 27 July 2024, revis - ing the Mining Code; • Decree No 99-954, dated 15 December 1999 and amended by Decree No 2004-167 of 3 February 2004 on the environmental compat - ibility of investments (the MECIE Decree); and • Interministerial Order No 12032/2000, relating to environmental protection regulations in the mining sector. Exploration and mining project licensing are subject to environmental processes, as follows:
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