SENEGAL Law and Practice Contributed by: Hariliva Andriamahefa and Mampionona Razafimamonjy, John W Ffooks & Co
John W Ffooks & Co 3rd Floor, Building Lot 671 Yoff Airport Road Ngor Extension Dakar PB 29606 Senegal Tel: +22 133 825 8482 Email: Senegal@JWFLegal.com Web: www.jwflegal.com
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The mining industry in Senegal, a growing sec - tor that significantly contributes to the country’s economy, is driven by its rich deposits of gold, phosphates, heavy mineral sands (zircon and titanium) and other resources like iron ore. Gov - erned by the Mining Code, the sector provides legal certainty for investors through clear provi - sions for environmental and community obliga - tions. It leverages environmental impact assess - ments and development funds to contribute to the progress of local communities located in the areas where mining companies operate. The principal actors in the mining industry are the state, operating through the administration of mines, and Senegalese mining companies. However, artisanal and small-scale mining is widespread, especially for gold, presenting both opportunities and challenges related to govern - ance and environmental sustainability.
1.2 Legal System and Sources of Mining Law Senegal’s legal system is based on civil law, inherited from the French model. Senegal is also a member of the Organization for the Harmoni - zation of Business Law in Africa ( Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA)) and the West African Econom - ic and Monetary Union (WAEMU), which ensures uniformity of the rules applicable in commercial matters with other African member countries. The main sources of mining legislation follow. The community regulations governing the mining sector are: • Regulation No 18/2003/CM/UEMOA of 23 December 2003 on the WAEMU Mining Code (the “WAEMU regulation”) – this covers all operations related to the exploration, extrac - tion, procession and marketing of mineral substances across the whole territory of the Union; and • the Economic Community of West African States (ECOWAS), through its Model Law on Mining and Mineral Resources Development and Directive C/DIR 3/05/09 on the harmoni -
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