SENEGAL Law and Practice Contributed by: Hariliva Andriamahefa and Mampionona Razafimamonjy, John W Ffooks & Co
1.7 Mining: Security of Tenure In Senegal, security of tenure for mining rights is well-regulated under the Mining Code. Term Length and Renewals Exploration permits are granted for a maximum of four years, with the possibility of two renewals of three years each, making the total possible duration ten years. A single legal entity cannot hold more than two exploration permits for the same substance. Regarding the exploitation permits granted for mining activities, they are valid for a period up to 20 years and renewable for successive peri - ods until the deposit is exhausted. These dura - tions ensure that companies have sufficient time to explore and develop mineral resources. The granting of a mining permit leads to the with - drawal of the exploration permit within the min - ing perimeter. Right to Progress From Exploration to Mining The Mining Code guarantees the holder of an exploration permit a priority right to obtain an exploitation permit over the area covered by their exploration activities. This will guarantee a smooth transition from exploration to mining, provided all legal and technical conditions are met. Maintenance Requirements To maintain their rights, permit holders must comply with obligations such as paying annual surface rents and mining fees, submitting regu - lar activity reports and commencement of work within legal deadlines. Failure to fulfil these obli - gations may result in fines or the suspension or cancellation of permits.
12 years, renewable once for further periods of validity not exceeding ten years. 1.5 Nature of Mineral Rights Constitutional Basis and Sources of Mineral Rights Mineral rights in Senegal derive from constitu - tional principles, local laws and regulations from WAEMU. Amended Law No 2001-03, dated 22 January 2001 and establishing the Constitu - tion of Senegal (the “Constitution”), states in its Article 25-1 that natural resources belong to the people of Senegal. They must be managed and exploited transparently and legally to guarantee future generations’ rights. Furthermore, the state is committed, together with the local authorities, to ensure the preservation of land assets. In this regard, it is the source of more specific laws, like the Mining Code, designed to regulate the mining industry. For example, the Mining Code requires all mining activities to have a mining title from the government. With that said, while mining projects may be governed by contracts (eg, mining conventions), these contracts are subordinate to the Mining Code and do not override the state’s ownership of the minerals. Mineral Rights Status Under the Senegalese Mining Code, the mineral rights given by a mining title are considered as immovable property held by a mining company and registered in the land register at the request of the Ministry of Mines. 1.6 Granting of Mineral Rights In Senegal, mineral rights are granted by the government through the Ministry of Mines.
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