RWANDA Law and Practice Contributed by: Aimery de Schoutheete and Penina Ngabire, Liedekerke Great Lakes
1.5 Nature of Mineral Rights Nature of Mineral Rights
Granting of Mineral Rights An ML is usually obtained through written appli - cation to the RMB through the One Stop Centre (OSC), although it can sometimes be achieved through open tender. The ML is granted by the RMB after taking into consideration the recom - mendation issued by the committee in charge of applications. In practice, mineral rights derive from an action, that is, the issuance of an ML by the RMB. Types of MLs There are four types of MLs: • the exploration licence; • the (small, medium, or large-scale) mining licence; • the mineral processing licence; and • the mineral trading licence. Each type of ML confers rights and duties to the LH. Mandatory Agreement with the RMB After the issuance of the ML and before starting any mining activity, the LH must enter into an agreement with the RMB to determine the spe - cific conditions under which the mining activities will be carried out. 1.7 Mining: Security of Tenure Security of tenure is guaranteed if the LH com - plies with its legal and contractual obligations. Terms, Renewals and Rights Attached to MLs The specific mineral rights and length of tenure vary according to the type of ML, but the follow - ing generally apply. • The RMB will not grant an ML in respect of an area covered by another ML of similar type. However, the RMB may, “for the purpose of
Mineral rights have a constitutional basis in so far as the Rwandan Constitution provides that private ownership of land and other rights relat - ed to land are granted by the state. The exercise of power to grant mineral rights is regulated by the 2024 Mining Law and the vari - ous regulations that complement it. In practice, mineral rights derive from an action, that is, the issuance of an ML or a QL by the RMB to an LH. Status of Mineral Rights Mineral rights have the status of property and, as a matter of principle, the mineral rights granted to the LH are exclusive. Hence, the RMB will not grant an ML in respect of an area covered by another ML of similar type. However, the RMB may, “for the purpose of national interests”, authorise another person to carry out operations in an area already covered by a licence if it is for the exploration of other types of minerals. A LH can transfer its ML subject to several con - ditions, including obtaining the prior authorisa - tion of the RMB. 1.6 Granting of Mineral Rights The RMB is the national authority granting min - eral rights in Rwanda. Demarcation of Potential Mining Areas The RMB demarcates potential mining areas which could be economically viable. It publishes a list on the RMB website with more information on the potential mining areas and their licensing situation.
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