Prime Minister’s Decree No.108 of 2020 promulgating Executive Regulations of the Mineral Resources Law promulgated by Law No.198 of 2014.
Country
Type of law
Regulation
Abstract
This Regulation consisting of 106 articles divided into V Parts, applies to licenses for exploration and exploitation of ores for mines, quarries, and salt flats issued by the competent authority, provided that the proceeds of rents, royalties, and fees prescribed in this Regulation shall be transferred to the State Public Treasury. The Egyptian Mineral Resources Authority (EMRA) and the competent entity shall prepare templates for the exploration licenses (art.3). The requests also include a request for approval to obtain quarry materials for the establishment of facilities in favor of a license, a request to replace a quarry license, rent facilities, obtain samples for analysis, request the extraction of data or documents, and request the disposal of waste resulting from exploitation operations, in addition to creating databases for ores and corporations, (art.6). Article 8 states that no license shall be issued in respect of archaeological sites, nature reserves, land of cities or villages, or market places, utilities, houses of worship, graveyards, land adjacent to airports or highways or main roads, railways, petroleum or gas pipelines, irrigation utilities, dams, reservoirs or land allocated for those facilities, except after obtaining the approval of concerned entities. The owner of the land by virtue of a registered contract is entitled to request obtaining an exploration or exploitation license in respect of ores subject of the Law that are existing in its land (art.10). An advisory Committee shall be formed, presided by a representative of the Ministry of Petroleum and Mineral Resources, to provide opinions, among others, on the following (i) amendments that might be made in regards to the rent value of mines, quarries and salt pans; (ii) royalty percentage for the ores subject of the Law; (iii) non-exportable ores; (iv) disputes in relation to mineral resources; (v) approval of added value criteria for each ore; (vi) studying issues related to the method of calculating the quantity of the material extracted from mines, quarries or salt pans and its value (art.12).
Part II deals with Rules on Mines as regards both Exploration and Exploitation Licenses. Part III is on Rules on Quarries, in particular (i) Licenses of Exploitation; (ii) Operation Obligations (such as removing all dust and debris resulting from the process of the excavation of the quarries, creating passages among debris resulting from operations, removing waters existing at the quarry during operations, marks indicating the boundaries of the licensed area, record of quantities extracted). Part IV regards the Rules on Salt Pans.
As for the environmental protection, the Regulation establishes that (i) EMRA and the competent entity shall follow up the works to guarantee optimum exploitation and appropriate technical methods according to the nature of the ore, as well as monitoring the implementation of the rules of security, safety and environmental regulations (art.37); (ii) Salt Pans need a preliminary feasible study of the project including technological and technical methods used in the production operations including environmental impact and how to be treated and disposal of waste method (art.53); (iii) the license of the salt pan shall be suspended in case of non-compliance with environmental requirements (art.57). As for the the water resources protection, the Regulation establishes that (i) a percentage of annual production value of mineral ores exploited by the licensee shall be allocated to contribution in social development carried out within the governorate where the area of exploitation is located, including infrastructure projects like drinking water and sanitary sewage, focusing on most deprived villages inside the governorate; (ii) the mines exploitation licensee shall abide by allowing establishment of waterways, canals, drainages, pipelines, supply of electricity, as well as constructing roads and public facilities within the licensed area.
Part II deals with Rules on Mines as regards both Exploration and Exploitation Licenses. Part III is on Rules on Quarries, in particular (i) Licenses of Exploitation; (ii) Operation Obligations (such as removing all dust and debris resulting from the process of the excavation of the quarries, creating passages among debris resulting from operations, removing waters existing at the quarry during operations, marks indicating the boundaries of the licensed area, record of quantities extracted). Part IV regards the Rules on Salt Pans.
As for the environmental protection, the Regulation establishes that (i) EMRA and the competent entity shall follow up the works to guarantee optimum exploitation and appropriate technical methods according to the nature of the ore, as well as monitoring the implementation of the rules of security, safety and environmental regulations (art.37); (ii) Salt Pans need a preliminary feasible study of the project including technological and technical methods used in the production operations including environmental impact and how to be treated and disposal of waste method (art.53); (iii) the license of the salt pan shall be suspended in case of non-compliance with environmental requirements (art.57). As for the the water resources protection, the Regulation establishes that (i) a percentage of annual production value of mineral ores exploited by the licensee shall be allocated to contribution in social development carried out within the governorate where the area of exploitation is located, including infrastructure projects like drinking water and sanitary sewage, focusing on most deprived villages inside the governorate; (ii) the mines exploitation licensee shall abide by allowing establishment of waterways, canals, drainages, pipelines, supply of electricity, as well as constructing roads and public facilities within the licensed area.
Attached files
Web site
Date of text
Entry into force notes
This Regulation enters into force the day after its publication in the Official Gazette.
Notes
Executive Regulations of the Mineral Resources Law promulgated by the Prime Minister’s Decree No.1657 of 2015 shall be cancelled.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
قرار مجلس الوزراء رقم ١٠٨ لسنة ٢٠٢٠ بشأن إصدار اللائحة التنفيذية لقانون الثروة المعدنية الصادر بالقانون رقم ١٩٨ لسنة ٢٠١٤