Minerals Law.

This Law, consisting of 117 articles divided into twenty Chapters, regulates all Reconnaissance, Exploration, developmental, Exploitation activities and all types of Mineral resources and Mineral Activities and other Ancillary Activities in Afghanistan. This Law does not apply to water and natural petroleum sectors. The objectives of this Law are: (1) To regulate the development and appropriate use of the Mineral resources of Afghanistan; (2) To regulate and manage the Reconnaissance, Exploration and Exploitation activities of Mineral resources in Afghanistan; (3) The economic self-sustainability of Afghanistan through the development of its Minerals sector; (4) To ensure that Mineral resources are developed and managed according to the best international practices and experiences; (5) To secure optimal benefit from Mineral extraction and Processing; (6) The sustainable development of Mineral resources, the prevention of waste, and the mitigation of negative Environmental and Social Impacts; (7) To establish a suitable environment for national and international investment in the Mining sector; and (8) To promote peace and security through development of social and economic activities in the Mining local communities.
All Mineral resources, in their deposits and natural state, are the property of the State. The State shall administer, control and regulate Mineral resources and Mineral Activities conducted with respect to such Mineral resources. All Mineral Activities in the country shall be undertaken only after a License or Authorization and contract is granted in accordance with the provisions of this Law and the relevant Regulations. The Holder of a License or an Authorization or the contractor may conduct Mineral Activities in accordance with the terms and conditions of its License, Authorization or contract. The Holder of a License or an Authorization or the contractor, following the extraction of Minerals and [or] Mineral substances, has the right to control and possess/exercise dominion over them in accordance with the provisions of this Law.
The Ministry of Mines and Petroleum in accordance with the provisions of this Law, is the authorized agency to regulate Mineral Activities in the country. The Ministry of Mines and Petroleum shall, by itself or with cooperation of other public entities, or in association with the private sector, carry out Mineral Activities, in accordance with the provisions of this Law. To ensure better implementation of the provisions of this Law, the Ministry of Mines and Petroleum has the following main duties: 1. Developing policies for the purpose of regulating the development of the Mining sector and monitoring its implementation; 2. Promoting domestic and foreign investment in different fields/aspects of the Mining sector; 3. Granting of any Reconnaissance License, Small-Scale Mining License, Artisanal Mining License and Authorization in accordance with the provisions of this Law; 4. Extending, suspending, amending and revoking any Reconnaissance License, Small-scale Mining License, Artisanal Mining License and Authorization in accordance with the provisions of this Law; 5. Proposing the grant of Exploration and Exploitation Licenses and Mineral Development Contract and Restricted Minerals to the Commission; 6. Ensuring that terms and conditions of the granted Licenses, Authorizations and the executed contracts of Mineral Activities are complied with, in accordance with the provisions of this Law and the relevant Regulations. 7. Undertaking geological research activities on the Mineral resources of the country [ of Afghanistan]; 8. Providing data or information to the public regarding the Mineral resources and activities giving due respect to any confidentiality restrictions; etc.
Article 18 specifies the licensing requirements as follows: (1) No person shall conduct Mineral and Mining activities unless that person has been granted a License or Authorization by, or has entered into a contract with, the Ministry of Mines and Petroleum. (2) A License, Authorization or a contract does not entitle its Holder to any right of ownership of land. (3) No landowner or lessee shall conduct any Mineral and Mining activities on relevant land, unless such landowner or lessee has been granted a License in accordance with the provisions of this Law. (4) Any License, or Authorization Holder or any contractor shall conduct its activities in accordance with the terms and conditions of its License, Authorization and/or contract.